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HomeMy WebLinkAboutCC 2019-07-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * I N C 0 R P CBATE0 � 1B 9fi \0 It 1 Meeting Minutes Thursday, July 25, 2019 9:00 AM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE July 25, 2019 Present. Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 25th day of July, 2019 the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Russell at 9:02 a.m., recessed at 1:07p.m., reconvened at 3:31 p.m., recessed at 6.31 p.m., reconvened at 6.42 p.m., and adjourned at 11:53 p.m. Note for the Record. Commissioner Hardemon entered the Commission chambers at 9:16 a.m., and Commissioner Carollo entered the Commission chambers at 9:38 a.m. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd R Hannon, City Clerk Chair Russell: Good morning, everyone, and welcome to the July 25, 2019 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifredo "Willy" Gort, the Vice Chairman; and me, Ken Russell, your Chair. Also on the dais are Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and then the pledge of allegiance, led by Commissioner Reyes. All rise, please. Vice Chair Gort: Good morning. (Invocation and pledge of allegiance delivered) Chair Russell: Thank you. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 6224 Honoree Employee Service Milestone Nestor Torres Damian Valenzuela Alfredo Salas RESULT: Presenter Human Resources & Mayor Mayor & Commissioner Reyes Mayor & Commissioner Gort Mayor & Commissioner Gort PRESENTED Protocol Item HR Pins Proclamation Certificate of Merit Certificate of Appreciation City of Miami Page I Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 1) Mayor Suarez and Commissioners recognized various City of Miami Employees for their 25 years and 30 years of service presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City if Miami; furthermore, thanking them for their dedication as City Employees. 2) Mayor Suarez and Commissioners presented a proclamation to pay tribute and honor Mr. Nestor Torres. Nestor Torres is a Puerto Rican flautist. His playing incorporates a seamless blend of Latin jazz, pop, straight -ahead jazz and classical styles. He studied at Berklee College of Music, Mannes School of Music in NYC, and later at the New England Conservatory of Music in Boston. Mr. Torres earned a Latin Grammy Award and a Grammy nomination. He began playing the drums at the age of 5 and the flute at the age of 12, when he began music studies at the Escuela Libre de Musica in Mayaguez during his middle school and high school years. He graduated from high school at the age of 16 and started the studies of flute and music education for 2 years at the Inter American University in San German, and then he did summer studies at Berklee College of Music in Boston and later joined the Charanga Group Hansel & Raul, in which he recorded his first 3 albums. Mr. Torres moved to South Florida in 1982 where he released 4 albums and took part in a documentary detailing (legendary Cuban Bassist) Cachao's life: Como Ritmo No hay Para Dos (Cachao: No Rhythm Like His), recorded on Gloria Estefan's CD Mi Tierra and performed with her at the Grammy Awards Show. Nestor Torres won the Latin Grammy Award in pop instrumental category in September 2011 with his production "This Side of Paradise ", and he performed Saint Peter's Prayer, a musical interlude dedicated to the Dalai Lama at the Temple Emanu on 2010. He also composed and performed The Source of Happiness at the Golden Panther at FIU on 2004. The Elected Leadership paused in their deliberations of governance and thereby, proclaimed Thursday, July 25, 2019 as "Nestor Torres Day" in the City ofMiami. 3) Mayor Suarez and Commissioners presented a Certificate of Merit to Mr. Damian Valenzuela. Mr. Valenzuela was recognized for his representation of City of Miami at an International level in the following organizations: Congresos Hemisfericos (CAMACOL) since 2012 in USA, Latin Investors in 2012 and 2013 in Panama, Foro Econ6mico Internacional de las Americas in April 2016 (USA), Oportunidades e Inversiones en tiempos dificiles (Bolivia) in April 2016, Strategies y Opportunities to generates businesses in United States in 2017 (Ecuador & Colombia), Autoridades y Empresarios de EE. UU Y Chile in 2017 (Chile), Mision Comercial Anual de la Comara de Comercio Argentino en Florida in 2017 (Argentina), Global Youth Leadership Forum in 2017 (Spain), ONU: Latino Impact Summit 2017 (USA), Foro de Davos in 2018 (Suiza), Global Business Forum Latinoamerica in 2018 (Dubai), Mision Comercial in 2018 (Mexico, Uruguay, USA, Portugal, and Argentina), and many more. Elected Officials paused in their deliberations of governance to congratulate and thank Mr. Valenzuela for continuing to excel and to serve our community in advancing our quality of life in the City of Miami. 4) Mayor Suarez and Commissioners presented a Certificate of Appreciation to pay highest tribute to Mr. Alfredo Salas. Mr. Salas' experience in the food service business started at age 14 and through hard work and diligence, Mr. Salas rose through the ranks, and he is now the owner of the largest Hispanic franchise for Pizza Hut in Florida. In addition to the jobs offered to our community, Mr. Salas can be counted on to donate traditional pizzas from Pizza Hut and his time to our community. Elected Officials paused in their deliberations of governance to thank Mr. Salas for this commitment to the City ofMiami. Chair Russell: We'll now make the presentations and proclamations. Mayor Francis Suarez: Thank you, Mr. Chairman. (Presentations and proclamations made) City of Miami Page 2 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Later... Chair Russell: We have one other 30 year pen, and you never want to be late for your 30th anniversary, because that only comes once; Mr. Luis Ortiz. How about a round of applause for him as well. (Applause) (Presentations and proclamations made) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA ORDER OF THE DAY City Commission - Planning and Zoning - May 23, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Chair Russell: Can I get a motion to approve the minutes of the Planning & Zoning meeting of May 23, 2019, please? Commissioner Carollo: There's a motion. Chair Russell: Thank you, Commissioner Carollo. Is there a second? Seconded by Commissioner Hardemon. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on the minutes. Chair Russell: We've got one more presentation, but in the meantime, if the City Attorney's Office could read the rules of the Commission. Thank you very much, Mr. Min. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available at the Office of the City Clerk or online at municode.com. Pursuant to Section 4 dash -- 4(g)(5) of the City Charter, the Mayor may veto items approved by the City Commission within 10 calendar days, following the Commission action. The City Commission may, after the veto City of Miami Page 3 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 occurs, override such veto by a four/fifths vote of the Commission then present. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period or any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com. No cell phones or other noise -making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids or services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at ]Op. in. or at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission engage in ties and engage in the annual budget. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Do you wish to go through the --? Thank you. Later... Chair Russell: Mr. Manager, we'll be taking up the order of the day for any items that you would like to withdraw, defer, or -- Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. Clerk. At this time, the Administration would like to defer and/or withdraw the following items: To be indefinitely deferred, SR.], which is Art in Public Places; that is, SR.], to be indefinitely deferred. To be withdrawn, FR.], adding solid waste haulers as franchisers. That's deferred -- I'm sorry -- withdrawn; FR. 1. And just as a note of information, sir, on RE.2, the DDA (Downtown Development Authority) will be substituting the legislation for this item on the floor. RE. 7, with regard to Mr. Ramon Raul Sanchez, Commissioner Gort and Commissioner Reyes would like to co-sponsor. And PZ. 9, which is a rezoning, has a time certain of 5 p.m. And, sir, I understand we're celebrating Puerto Rican Constitution Day today, but I would be remiss ifI did not say that today is also "National Hire a Vet Day, " so I just wanted to bring that up. Chair Russell: Thank you, Mr. Manager. (Applause) Commissioner Reyes: Mr. Mayor [sic], could you please repeat the ones that -- the items that are going to be deferred or withdrawn? City of Miami Page 4 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Gonzalez: Yes, sir. SR.1 will be indefinitely deferred; that's the Art in Public Places. And FR.1 will be withdrawn, and that is adding a solid waste hauler as a franchisee. Chair Russell: Thank you very much. Are there any items the Commissioners would like to see --? Commissioner Carollo: (UNINTELLIGIBLE)? Chair Russell: I don't believe so. He did not refer to that one. Yes. That'll be in the afternoon's agenda. Commissioner Carollo: All right. I do want some to be deferred. RE.3, to be deferred. Chair Russell: Legislative priorities? Commissioner Carollo: Correct. I don't know how we could have legislative priorities and no one has sat down with me to discuss it. I don't know if they've spoken to any of you, but -- They haven't spoken to you either? Commissioner Reyes: (UNINTELLIGIBLE) -- Chair Russell: Is your mike on? Commissioner Reyes: -- I must say that I had a visit from (UNINTELLIGIBLE). Mr. Gonzalez: Sir -- Victoria Mendez (City Attorney): Commissioner? Commissioner Reyes: Yes. Ms. Mendez: Is there an opportunity to potentially table that? Because committees start in September. Like table it till late afternoon, just in -- or just a thought. Commissioner Carollo: Madam City Attorney, the committees will be fine for our meeting in September. We have an early meeting in September, so we will be fine in that, in committees. Chair Russell: So from a timeliness perspective, this is with regard to the City's legislative priorities at the State level, and what we are charging our Administration to advocate for, and protect the City of Miami, and work toward funding. So in our backup, I believe, all the legislative priorities are listed, Mr. Manager, Madam City Attorney? Mr. Gonzalez: I'm sorry, sir. Chair Russell: Are all the legislative priorities that have been proposed by the Administration listed in the backup of this agenda? Mr. Gonzalez: Yes, sir. In fact, we briefed your colleagues, those that we could, and we even added some additional ones that were brought up by members of this dais, so that is the final list. We could brief the Commissioner later on today. We can brief him tomorrow, if he likes. City of Miami Page 5 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Mr. Manager, this is not the way government is run. Maybe that's the way you're used to it. Butl don't care if some of the people that you have, your right hand, doesn't like me, doesn't want to deal with me, but you know what? I'm a Commissioner of this City. And if we're going to be asking the State to look at the priorities of this Commission, I am 20 percent of this Commission. So you know well that your office should have sat down with me. You have stuff in here that I truly don't understand and doesn't make sense to me. I have other priorities that would like to see to be put in there, and they're not. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes. Commissioner Hardemon. Commissioner Hardemon: Look, it's a session, so it's not like this thing is cooked and done, so I -- Chair Russell: Right. Commissioner Hardemon: -- would suggest that we go through with the continuance, allow the Commissioner to have an opportunity to put his recommendations into it, and I'm sure some of us will come up with some new things to add to it, and then come back and address these at our next meeting. Commissioner Carollo: That's all I'm asking. Commissioner Hardemon: I think it's fair. I would second your motion. Commissioner Carollo: Thank you. Commissioner Reyes: And I second it also. Chair Russell: We'll just add it into the list of the order of the day. Commissioner Carollo: Yeah. Commissioner Reyes: That's right. Mr. Gonzalez: That's fine. Commissioner Carollo: I also have FR. 1. Chair Russell: Withdrawn. Commissioner Carollo: That's -- well, that's been withdrawn, then. Okay. And SR.9. Chair Russell: Consolidation of boards and committees. You'd like to defer the item? Commissioner Carollo: I'd like to defer the item so that I could have the opportunity to meet with at least one of the County Commissioners that tried to reach me this morning, and some additional people on some of the thoughts that they have on this before we pull the plug on it. Last, but not least, SR. 7, I'd like to pull it so that I could look at it and present some additional ideas on it. So it's RE. 3, DL 1, SR. 9, and SR. 7. Commissioner Reyes: I -- City of Miami Page 6 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Say it again. RE.3 -- Commissioner Carollo: DL 1, SR. 9, SR. 7. Chair Russell: So DI. 1, Special Master Program. Commissioner Carollo: Yes. Chair Russell: You'd like to defer or --? Commissioner Carollo: I'd like to defer that, absolutely. Chair Russell: Can you give us a date on each one of these that you 'd like to defer to? Commissioner Carollo: We could bring these all back at first meeting in September, ifyou'd like. Chair Russell: Okay. Commissioner Reyes: Okay. Chair Russell: All right. Are there any other items that any of the other Commissioners would like to see deferred or continued or withdrawn? Commissioner Reyes: Well, I don't have anything (UNINTELLIGIBLE) to be deferred in any items that were here, but I would like to request that RE.8 don't be included in the Consent Agenda, because I -- Chair Russell: You'd like to discuss it separately? Commissioner Reyes: No. Its -- I have some sort of conflict with it, and I don't want to be present when it is discussed. Chair Russell: Got it. So you'd just like to pull RE. 8, but we (UNINTELLIGIBLE) Commissioner Reyes: Pull RE.8 -- Chair Russell: -- still take it up today. Commissioner Reyes: -- and take them (UNINTELLIGIBLE) by itself. Ms. Mendez: Like don't do a block vote with RE 8 -- Chair Russell: Understood. Commissioner Reyes: That's it. Ms. Mendez: -- ifyou would like for him to vote on it. Chair Russell: Understood. Commissioner Reyes: That's right. Chair Russell: But no deferral or continuances? City of Miami Page 7 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Okay. That amount, if I understand it -- Commissioner Reyes: That's not a continuance. Commissioner Carollo: Yeah. Chair Russell: Commissioner. Commissioner Carollo: But that amount is coming from the Mayor's own APA [sic] allocation, right? Chair Russell: RE. 8, CAMACOL (Latin Chamber of Commerce). Commissioner Carollo: RE 8, that's the Mayor's -- Mr. Gonzalez: The Mayor's API (Anti -Poverty Initiative) funds. Commissioner Carollo: -- own allocation --? Mr. Gonzalez: Yes, sir. Commissioner Carollo: Okay. I don't see any problems with it. Commissioner Reyes: Mine is a conflict. Mr. Gonzalez: Sure. Chair Russell: Thank you. Are there any other Commissioners who'd like to see anything else deferred, continued, or withdrawn? Hearing none, is there a motion? Commissioner Carollo: There's a motion. Todd B. Hannon (City Clerk): Chair, would you mind if I just ran down the list real quick? Commissioner Reyes: Second. Chair Russell: There's -- just a moment -- been a motion, and a second by Commissioner Reyes. Mr. Clerk, please go through it so that we have it clear. Mr. Hannon: To indefinitely defer, SR.]; to withdraw, FR.]; Commissioner Gort and Commissioner Reyes are going to co-sponsor RE. 7; to defer to September 12, RE. 3; to defer to September 12, SR. 9; to defer to September 12, SR. 7; and defer to September 12, DI. 1. Commissioner Carollo: Correct. Commissioner Reyes: Okay. Chair Russell: DL 1. Ms. Mendez: And Commissioner Gort is also co -sponsoring RE. 7. Mr. Hannon: Yes. Yes, ma'am. Commissioner Reyes: Yes. City of Miami Page 8 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: That's fine. Commissioner Carollo: Well, since we're coming out with sponsorships now, I would like to have my name added to RE. 7. Ms. Mendez: For RE. 7? Commissioner Carollo: Correct. Ms. Mendez: Thankyou, Commissioner. Chair Russell: That's fine. Is anyone would like -- from the public who'd like to speak on the order of the day; solely with regard to the deferrals and continuances? Yes. You'd like to speak with regard to the items that were mentioned just now? Okay. This is not the open public comment time for everything on the agenda; simple for what we're about to vote on, the items that are being removed from the agend -- from today's business. Hearing none, I'll close public comment. Is there any further discussion on the dais? Hearing none, there's been a motion and a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you. Ms. Mendez: Chairman, I just wanted to point out that we're not -- you're not voting on it right now. PZ.4 is the Art in Public Places; for the afternoon, but should probably -- will also be indefinitely deferred; just to let people know, since it's attached to the one that you just deferred. Thank you. Chair Russell: Understood. We can't take action until 2 p.m., though, correct? Okay. Commissioner Reyes: Yes. Chair Russell: Just so people know. Pardon me. Later... Chair Russell: Now I'd like to get a deferral -- a motion to continue the meet -- to allow the meeting to continue. Thank you very much. The remainder of the morning's agenda, aside from any pocket items; can I get a motion to defer that to September 12? Commissioner Carollo: Okay. Chair Russell: Is there a motion to defer the remainder of the morning's agenda to September 12? Vice Chair Gort: What was -- what? Chair Russell: I mean, it would be in bad faith for Commissioner Carollo if we don't. Rafael Suarez -Rivas (Senior Assistant City Attorney): Remaining items on the morning agenda to September -- City of Miami Page 9 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: I'll walk through them for you if you want. But the only reason Commissioner Carollo gave us his unanimous consent -- Vice Chair Gort: That's right. Chair Russell: -- was that we would do it. Commissioner Carollo: Well, that was part of the motion. Chair Russell: So -- Vice Chair Gort: Okay, let's go. Chair Russell: -- it's SR.2, 3, 4, S -- Todd B. Hannon (City Clerk): Chair, Chair -- Chair Russell: -- 6 and 8. Mr. Hannon: -- my apologies. SR.3, SR.4, SR.S, SR.6, SR.8; FR.2, FR.3; BU.1; D1.2, 3, 4. Chair Russell: Yes. Is there a motion to defer those items to September 12? Commissioner Reyes: (UNINTELLIGIBLE). Mr. Hannon: SR. 3, 4, S, 6, 8; FR.2 and 3 -- Vice Chair Gort: Move it. Commissioner Reyes: Those are (UNINTELLIGIBLE)? Mr. Suarez -Rivas: No, these are not (UNINTELLIGIBLE). Chair Russell: These just happened. Mr. Hannon: To September 12. Vice Chair Gort: (UNINTELLIGIBLE). Mr. Suarez -Rivas: Non -PZ. Vice Chair Gort: We didn't have the vote. Chair Russell: So we need to defer the morning's agenda -- Vice Chair Gort: Yeah. Chair Russell: -- remainder of the morning's agenda. Vice Chair Gort: Move it. Commissioner Hardemon: Right. Vice Chair Gort: Moved by Commissioner Gort; seconded by the Chair. Mr. Suarez -Rivas: All in favor? City of Miami Page 10 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: Mr. Mayor, would you like to address the dais? Mayor Francis Suarez: Yes, Mr. Chairman. Thank you so much. I appreciate the opportunity to speak today before the Commission on the July 25, 2019 meeting of the City of Miami Commission. I have four items that I'd like to discuss. One of them is PH.2, allocating funds to assist elderly homeowners in correcting outstanding Code compliance issues. It's something that I'm co -sponsoring with Commissioner Gort. And I just want to say that from our youth to our seniors, every resident in the City of Miami deserves to live a high quality of life. This is especially true for our most vulnerable, including our elderly. From eliminating red light cameras to expanding our trolley system, we have set a strong track record in standing for them. Now we have the opportunity to reinforce that record by adopting PH.2 to assist low-income elderly homeowners with correcting outstanding Code violations. As I have said before, our Code Department is called Code Compliance, not Code Enforcement, for a reason. Part of our job is to work with our residents to become compliant, and our seniors are certainly no exception. I want to thank Commissioner Gort for bringing this resolution forward and ensuring that our most vulnerable residents get the relief they deserve. RE. 6, urging the Florida Legislature to enact legislation reducing or eliminating expenses incurred by military members -- veterans -- by providing a 10 percent discount for all building -related permits. Like our seniors, few know the meaning of sacrifice better than our veterans. That is why I'm honored to bring forth RE. 6, and officially declaring the City of Miami a military- and veteran friendly city. Every day these brave men and women leave their homes and loved ones to put their lives on the line for our freedom, and sometimes they return in great need of support, including housing and financial relief. If we are truly -- if we are to truly be a military- and veteran friendly city, rather than just call ourselves one, we must support actions like RE. 6. This resolution is a big step forward towards providing some of that much-needed support by urging the Florida Legislature to enact programs, including a 10 percent discount for all building -related permits requested by veterans or military personnel, and implementing a toll reduction program on Florida highways for active military members. By supporting RE. 6, we will send a powerful message that Miami -- that in Miami, every veteran can live a high quality of life. RE.1, setting the millage cap. Miami is experiencing tremendous growth. As we continue to solidify our position as a global city, it is our duty to fuel this growth by focusing on enhancing quality of life, strengthening our resilience efforts, and providing a pathway to prosperity for every Miamian. I am proud to say that with this budget, we are able to accomplish all of those without raising the millage rate, avoiding any impact -- negative impact on our residents. In fact, RE.1 reduces the millage rate from 8.03 to 7.99, establishing the second lowest property tax rate in the last 30 years; all of this, as we continue to see our tax base grow to the tune of 10 percent just last year. With RE.1 we're demonstrating not only our commitment, but our ability to continue to provide the very best services and resources without cutting corners or adversely affecting our residents' quality of life. And FR.2, clarification on Planning & Zoning fees, cap certain Planning & Zoning fees, and adding fee City of Miami Page 11 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 schedules, sponsored by Commissioner Russell. Likewise, as our City grows, it's important to find a nexus between smart development, preserving Miami's history, and creating an affordable ecosystem. FR.2 strikes that balance. This ordinance, which I spearheaded as Commissioner, will support preservation and restoration of historical sites while maximizing our growth potential by transferring unused density from historic structures to new construction; allowing for a density increase of 50 percent for projects within transit -oriented developments. I am encouraged by actions like FR.2, which promote creative ways to balance our needs to preserve our historic assets, with driving strategic development along our transit corridors. Thank you, Mr. Chair. Chair Russell: Thank you, Mr. Mayor. Later... Chair Russell: So now we're going to open the public comment period for the morning's agenda. This is notfor this afternoon's Planning & Zoning agenda. If you have a conflict this afternoon and you'd like to speak this morning, please let the Clerk or myself know; but otherwise, we're taking up public comment right now for the consent agenda, the public hearing agenda, the resolutions, and the ordinances, second and first reading ordinances, but not the Planning & Zoning or appeals items. So please feel free to approach both lecterns. Each person will have two minutes to speak. Please state your name. You don't have to state your address. Please, for our sake, if you could let us know which item you're speaking on, either by subject or item number or name, and then you'll have two minutes. And you'll hear a little buzzer right at the 30 -second point; that's the time to start wrapping it up or bringing it to conclusion. I'd like to try to respect your time, but I hope that you respect everyone else's here as well. And so, we'll get started. Good morning. John Lawrence: Good morning. John Lawrence is my name. I'm a resident of Miami, citizen and voter. I have lived in Miami since 1976, and I've lived on the Miami River, whether the north port, south port, or the main channel, for the past 17 years. I'm here to reinforce what Mr. Beightol is bringing to your awareness, which -- and the request that he's making. I especially want to underline the illegal, unethical boat -- I don't know if you can call it unethical, but the illegal boating that occurs regarding overcrowding, unlicensed charters, speeding in no wake zones, et cetera, et cetera, and I'm talking specifically about the Miami River. I noticed in his handout, he's talking about increased enforcement that was provided near Bayside and Bayfront Park. Quite a bit of development has occurred -- that's on the bay -- on the river with restaurants, clubs, destination points for many just afternoon day trippers. Many of the arrivals are by boat, and they all seem to come from the west end of the river. One of the picture pages that he has provided you shows specifically the number of deaths, garbage from religious groups; the upper corner shows one boat in particular, which I see on a regular basis. I counted 14 people on it the other day. This would be the last picture page. I counted 14 people on it the other day; 13 of them were women, and one gentleman running the boat. Chair Russell: Thank you. Mr. Lawrence: I applaud him if he has that many friends -- Chair Russell: Sir? Mr. Lawrence: -- lady friends. I would rather beg the -- beg them to leave -- City of Miami Page 12 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Understood. You're looking for safety enforcement. Mr. Lawrence: -- (UNINTELLIGIBLE) especially, you see him on a regular basis. Okay. Chair Russell: Sir, just a question. Is there a specific item on the agenda you're speaking for or against? Mr. Lawrence: I'm speaking in favor of Mr. Beightol's request. Chair Russell: His public appearance. Mr. Lawrence: (UNINTELLIGIBLE). Chair Russell: So you're reiterating his public appearance for more enforcement and funding on the river? Mr. Lawrence: That's correct. Regarding -- Chair Russell: Thank you. Mr. Lawrence: -- cameras, as a matter of fact, I think -- Chair Russell: Your time's concluded, sir. Mr. Lawrence: -- it was 2006, Fran (UNINTELLIGIBLE), who was head of one of Miami River Commission, received a one -million -dollar grant from Homeland Security to get cameras. I've yet to see any cameras -- Chair Russell: Understood. Mr. Lawrence: -- but here. Okay? Chair Russell: Thank you. Thank you. And I apologize; we have to move on. Mr. Lawrence: Thankyou. Chair Russell: We have a lot of folks. Thank you. Good morning. Anthony Denito: Good morning, counsel. Anthony Denito. We are residents of the river. We live aboard. And we're here to address the same issues and voice our concerns, and maybe offer something that we feel might be helpful for you guys to decide what we can do. Regarding abandoned vessels and debris on the river, I feel like, if we had someone that we can call that can respond to some of these issues would be great, and I can -- I will give you some examples. Commissioner Carollo: The Manager is the person you need to call. Mr. Denito: I'm sorry? Commissioner Carollo: The Manager, the City Manager. Mr. Denito: Okay. I have called City police, I've called Coast Guard, I've called FWC (Fish and Wildlife Commission), and I pretty much get the same response. Chair Russell: But you're recommending a hotline; understood. City of Miami Page 13 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Denito: Okay. Chair Russell: Yeah. Mr. Denito: This is a photo. I don't know if you can see it from there, but that's about an 18 foot wooden floating device that was floating down the river that I recovered on a Friday afternoon, because on Friday evenings and Saturday evenings is when we get a lot of the speeders that are going between the marina and the nightclub down there, and we call on that all the time. Now, I've only been on the river since December. I've probably called in about 10 times, and I'm usually met with the same answer, which is "There's nobody there. There's nothing we can do at this point. We'll send somebody in. " But 30 minutes later, when they're calling from the entrance of the river, asking me where the person is, I don't know where the person is. So when I find debris like this floating up the river that can kill someone or potentially have them kill somebody else, I call in and I'm told that they're going to send in a radio call, which these guys aren't listening to. They're blasting their music, and they're speeding. My suggestion is, and most of the folks here that are behind me that live on the river with me, the suggestion is simply to have somebody there, have somebody available, have a boat available that is up the river a little bit better, so that we can have some better response times when we do call in. Chair Russell: Thank you. Mr. Denito: Anything else? Chair Russell: You're recognized. Mr. Denito: Thank you very much. Chair Russell: Good morning. Adam Gettinger: Good morning, gentlemen. My name is Adam Gettinger. I live at 1611 Northwest South River Drive. I'd like to speak on Agenda Item Number 1. And the first thing I'd like to do is thank Mr. Beightol for taking the time and effort to address this. I agree with him. There are a lot of issues on the river as far as speeding goes, noise, and I'd like to basically speak mostly on behalf of the manatees that have no voice. I live on the river. They seem to have adapted to swim along the sides of the river, avoiding the traffic patterns. We get a lot of speeders who also do the same. They see that the boats are on one side; they run along the seawall, so they're taking the exact same path the manatees are doing, trying to get away, because they're breaking the law and going at a high rate of speed. And they -- when they swim under my dock on a daily basis, I see prop scars on them. So I've done some research, as well, and taken some time to look into a possible solution, and one of them that I found is through a company called Polaris Sensor Technologies in Huntsville, Alabama. I contacted other companies, one being American Traffic Solutions; they didn't want anything to do with it. Basically, it's like an intersection light. Polaris Sensor is unique in that they have discriminating systems that will actually tell pedestrian right-of-way at an intersection, identify a car versus a pedestrian. I spoke with the engineers. I've been in touch with them a lot of, and they cannot -- they can even detect sheens of oil on the water and alert for an oil spill. They can work at night. They've sent a proposal to the City. They want a $500,000 contract to set up the system, which will be a radar -based system. It would actually determine that it's a vessel, its exact speed; take a photograph of its FL number. I've described to them the parameters of the river. I believe it's around 260 feet at my house, which is about the widest point of the river, and they're confident that they can implement a City of Miami Page 14 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 system that will work 24 hours a day. I do agree with Mr. Beightol that an actual officer patrolling the river would be outstanding also. I mean, the City of Miami was named essentially after the Miami River, which is the only freshwater river in South Florida. So it means "sweet water" in Tequesta, I believe. Chair Russell: Thank you. Mr. Gettinger: And we ought to protect it. And I'd just like to say a couple more things, if I can. The system that they have proposed involves a radar. It can also be done over two points in space, as in, a less expensive option would be available. Rather than spending 500, 000 and using a radar, if Police could meet with the people from -- Chair Russell: Thank you. Mr. Gettinger: -- Polaris Sensor and determine -- Chair Russell: Sir? Mr. Gettinger: Okay. -- the logistics of it, it can be done for less money and effectively. Chair Russell: Thank you. Again, there's a lot of people here to talk today. This is going to go well into lunchtime for public comment, I can see. We have a lot of issues to get to. Please, when you hear the sound for the 30 -second point, wrap it up so I don't have to cut you off. And this is -- these are -- especially non -agenda items. This is all very good for us to learn and move toward, and work with the Administration on. We've got a lot of business in the City to address today. Good morning. Roselvie Noguera: Hi. Good morning, everybody. Roselvie Noguera, 3038 Northwest North River Drive, here on behalf of Antillean Marine Shipping Corporation. Antillean has been on the river -- most of you know --for more than 55 years, and today, it's the largest maritime shipping company in the river. We weekly -- we have weekly sailing for Haiti, Dominican Republic every week, and we have about -- we can do about eight to 10 vessel movement every week. We also employ 200 or more employees every year. Chair Russell: Which item are you speaking toward? Ms. Noguera: We are speaking on behalf of Antillean Marine for the law and order in the Miami River -- Chair Russell: Thank you very much. Ms. Noguera: -- sir. As you know, the maritime industry is the engine of the economy of the river, and the river supports a multimillion -dollar marine industry. The increase in the recreation of traffic is imposing a serious breach to the security of the operation of the maritime industry, and most importantly, to the security of the Miami River. In a particular case, our captains have been witnessing often, and during the weekends and nights, people operating boats in careless manners; people doing party boating and operating jet ski that do not follow the signals of the captains. Moreover, there are boat that stop in front of the vessels to take pictures, which is something that, you know, it creates a big accident. In addition, our captains are facing a risky challenge, when maneuvering to the narrow sections of the river. Restaurants and club allows the customers docking or mooring boats, making up the three parallel lines, City of Miami Page 15 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 obstructing the traffic, and making almost impossible the navigation. These actions violate Federal navigation regulations. It is essential that the City of Miami develops and implement a safe security program in Miami River, allocate resources for the Miami Police Marine Patrol, and the creation of the Miami River Police Marine Patrol. Chair Russell: Thank you very much. Ms. Noguera: The implementation of awareness campaigns, like the brochures that I just gave to you, which will create a sense of community and conscience in our community. Chair Russell: Thank you. Ms. Noguera: We appreciate what you have done for us, and we appreciate that you please help us to create a better quality life, as the Mayor said before -- Chair Russell: Thank you very much. Ms. Noguera: --for the river. Thank you very much, everybody. Chair Russell: Thank you. Good morning. Ann Boswell: Good morning. Thank you. My name is Ann Boswell. I live at 2011 Northwest 14th Street, in Durham Park. Willy Gort is my Commissioner. I just want to speak to the enforcement issue. There hasn't been any enforcement on the river for a long time, and boating has increased, and speeds have increased, and lights have increased, and it's just an accident waiting to happen. I don't know about 24/7, but certainly on the weekends, we should have some. I'm also a member of the Miami Yacht Club, and the police boats are there. I remember, years ago they were on the river, around 12nd Avenue. It would be good if we could have some presence on the river; it would be excellent. There is no enforcement now. And it would also be a source of revenue for the City if boats were ticketed, and I'm sure it would take a short time before they got the message and slowed down. My damage -- my boat has been damaged at least two or three times by vessels that were operating illegally. Thank you very much for your time; I appreciate it and all your hard work. Have a good day. Chair Russell: Thank you for your comments. Thank you. If everyone could stop talking in the chambers, please, so we could hear better and give respect to those who are at the lectern. Good morning. Grace Solares: Good morning, Mr. Chair. Luis Herrera will be giving me his two minutes, because he signed, and Cecilia Kurland, because I'm going to be speaking on SR.6 and CA.2, okay? My name is Grace Solares. I am here today individually on behalf of Miami Neighborhoods United. We oppose the proposed amendments to deal with pensions for City Commissioners. You cannot amend an ordinance that violate the Charter. The proposed amendments are abusive and fiscally obscene. Section 4(h) of the City Charter specifically provides and limits monies payable to each City Commissioner. It states, effective on -- quote -- "Effective on November 4, 2003, there shall be paid to the City Commissioners the sum of $58,200, which is equal to 60 percent of the Mayor's salary in effect on July 15, 2013. " This is the only monetary benefits to be paid to and for the benefit of each Commissioner, pursuant to the Charter, and only while they're actually in office. In addition, the Charter limits and restricts the payment of pensions and retirement benefits. The City Charter does not authorize a retire -- or retirement - - pensions or retirement benefits for elected officials. Section 37(a) requires the City of Miami Page 16 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 pension or retirement benefits for employees in the classified service. And 37(b) permits the City to purchase insurance contracts, granting annuities or (UNINTELLIGIBLE) for any class of employees. Again, the Charter does not authorize or permit pensions or retirement plans for elected officials. All proposed amendments to Chapter 50 -- Chapter 40, Division 4, entitled "City of Miami Elected Officers Retirement Trust" are invalid because they violate Section 37 of the City. If you were to vote in favor of granting yourselves unauthorized pensions, the pension payments would not be based on the $58,200, which is the only sum you should be receiving as compensation, but it will be based in the hundreds of thousands of dollars of your inflated W2s reflect. I am placing the respective W2s into the record as evidence in the event litigation arises out of this item. Therefore, instead of us paying you 50 percent of $58,200 in pension payments, we'll be paying you 50 percent of hundreds of thousands of dollars, which is what you're getting now on your W2 forms. As a result of this trick of adding unauthorized emoluments to your W2s as salary and compensation, we the people have to pay today, right now, much more money in matching funds for your deductions. In closing, on SR. 6, we respectfully ask that this Commission does not vote to approve the changes to give yourselves a pension that is not permitted by the City Charter and is indeed in violation of the Charter, and that you do not vote to approve the changes in time of service of anyone who is elected as a Commissioner in the future to six years of service so as to be eligible for all kinds of benefit. Gentlemen, this abuse of the taxpayers' money contributions to the City must stop. With respect to CA. 2, which is the privatizations of the tennis courts on -- at Morningside, we totally oppose it. You're going to be hurting tremendously the children, the youngsters, on the other side of the railroad track. The African Americans, they don't have the money to pay for now a privatized tennis thing. And if you do, if you wanted to -- if you want to give it to this entity, then exclude those children from the other side of the railroad track from paying a dime to anyone. Allow them to go and play for free on a public park. We will no longer have the Serena Williams in the world. They started little, playing in public parks. So don't do that, please. Don't do it. Thank you so much. Chair Russell: Thank you, Grace. Commissioner Hardemon: Ms. Solares? Chair Russell: Commissioner. (Applause) Chair Russell: Please, no applause in the chambers, please. Commissioner Hardemon: Ms. Solares? Chair Russell: Commissioner. Commissioner Hardemon: Ms. Solares -- Chair Russell: Grace? Commissioner Hardemon: -- I saw when you referred to African Americans, you looked at me. Ms. Solares: Yes. Commissioner Hardemon: But I'm a white man, so I don't know -- City of Miami Page 17 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: He doesn't see color. He doesn't see color. Ms. Solares: Guess what? I'm color blind. Chair Russell: Thank you. Thank you, Grace. Good morning. Lori Ott: My name is Lori Ott. I live on the Miami River, and we've had a big problem with the wake enforcement. The boats are speeding all the time terribly; an accident is going to happen sometime. And I have -- I live on like the widest part of the river, so when you have two big boats -- ships passing, the boats, I don't know if they know the rules, but they're not allowed to pass, and they're passing even faster around these boats. It's a very dangerous situation. And I would gladly welcome video cameras on my property, and a law enforcement boat, if we could do that. Chair Russell: Thank you. Please, if you could address the Manager, he can get your address, if you're offering your property for potential surveillance of the river. Thank you. Ms. Ott: Yes, definitely. Chair Russell: Thank you. Please feel free to talk to him over there. Good morning. Wayne Stephens: Good morning. My name is Dr. Wayne Stephens. I'm a pediatric dentist, and my passion, outside of dentistry, is tennis. And I'm here to speak about Consent Agenda Item Number 2. I'm asking the Commission to remove it from the consent agenda and to vote it down. This concerns the privatization -- or the third party management of the Morningside Park Tennis Courts. I must commend the City Commission; you've done a wonderful job in restoring these courts. To my mind, they're the crown jewel of the tennis system in Miami. I've played on private courts, public courts. These are some of the best in the entire Miami City. What concerns me is that if any of you travel to these courts during peak times or during weekends, you'll see people waiting to play tennis. The courts are activated; they're heavily used. As I read through the proposal from this third party group, they're proposing to have two courts available, a minimum of two courts, at all times for open play. Right now there are eight courts available and folks are waiting, so you can only imagine what it'll be like under this system. Secondly, I saw that there were two proposals, and the company that was actually recommended had the lower score in terms of public benefit. They only received a score of 74. I'm sure most of us would not be happy with 74 from any test that we were, you know, taking. So with that said, I'd just like to speak for the diverse and the multiple -- we have folks playing there who have been playing for 40 years. We have young children who play --who are from the neighborhoods across the way, and it's -- if this is ensued, it is going to become a much more restricted, fewer access, less availability, and at a higher price. So I'm asking to remove it and to vote it down. Thankyou. Chair Russell: Thank you very much. Good morning. Emily Smith: Good morning. I have some handouts. Sorry. I have some handouts. Chair Russell: Please give to the Clerk. Ms. Smith: That didn't count as my two minutes? City of Miami Page 18 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: No. Well, you haven't started yet. Go ahead. Ms. Smith: Okay, great. Thank you so much. Thank you for being here and hearing us today. I am speaking to the enforcement issue on the Miami River, and first thing I would say is why follow rules if there are no consequences? Why follow the laws if there is no enforcement? Now, what needs to happen is that law enforcement officers need to know the law, and they need to know what their enforcement powers are under the law, and the law needs to be enforced. As an example -- and many of you on the Commission are aware of this -- we recently had a vessel that sank near my property. It was reported as abandoned on June 28. Under the existing law, it could have been removed under 705.103 within five days after it was reported. It was not removed. It began to sink. We reported that it was sinking on July 2 through July 3. It was not removed then. It was not removed until after it had completely sank, after it was no longer visible from the surface, and after it had been struck by another vessel on July 17 of 2019. This should have never happened. And if the law enforcement officers, who we called, had known the law and had it removed timely, it never would have happened, and that's just representative of the issue. The enforcers -- law enforcement officers need to know the law, and they need to enforce it. And it's not just one agency. The Florida Statutes give enforcement powers to the Florida Department of Law Enforcement, Fish and Wildlife; all municipal counties, municipal officers, counties, deputies, everyone, and that's not so that they can pass the buck onto another agency; it's so that each agency has the power to act. And we need to know as citizens that if we call in to a law enforcement agency that, "A," someone's going to pick up the phone and listen to us; and `B, " that something will be done, because as it stands right now -- and I believe everyone else here is speaking to that and will speak to that -- the law is not being enforced and it needs to be. Chair Russell: Thank you very much. Ms. Smith: Thank you. Mr. Hannon: Chair, if I could get the speaker's name? (Applause) Chair Russell: Your name, please. Mr. Hannon: Ma'am, if we could get your name for the record, please. Chair Russell: What's your name, please? Ms. Smith: So sorry. Emily C. Smith, 2290 Northwest North River Drive. Chair Russell: Thank you very much. Good morning, Mr. Cruz. Elvis Cruz: Good morning, Commissioner, Chairman. Elvis Cruz, 631 Northeast 57th Street, regarding CA.2, privatizing operations of the Morningside Park Tennis Courts. The Morningside Civic Association Board passed a resolution against this proposal. I urge you to vote it down. Do not be fooled by the proposed honeymoon phase, pricing, and promises. The City just spent over a million dollars to rebuild those tennis courts, and now it wants to hand them off to a private operator. This will result in a higher cost of playing tennis; it has to for the operator to pay the salaries. They'll start having tournaments with high -entry fees; perhaps, 40 to $50; perhaps, tournamentparticipants will have to be a USTA (United States Tennis Association) member, which is 20 to $30 a year. The City of Miami Page 19 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 tournaments would take up six out of the eight courts. Long-time tennis players have warned us that there will be less courts available for open play, and personal coaches would be barred, unless they're affiliated with the private operator. This is a public city park, not a country club. This sets a bad precedent that could spread. Regarding the Morningside Pool, the City Manager's Office had written me that, quote, "Areas of the park now experience flooding a good portion of the year and are unusable, so we must address drainage and coastline flooding before we tackle anything else." So Deputy City Manager Joe Napoli and I did a walk- through on Tuesday, and I showed him where the flooding only happens a few days a year, and it happens because the City itself blocked the drainage system for the softball field about 10 years ago. He saw for himself, the situation is 200 yards away from Morningside Pool and has nothing to do with fixing the pool. You don't need to delay fixing the pool for another community meeting. We've already had several community meetings, a survey with 65 percent in favor, a petition with over 2,000 signatures in favor, $149,000 worth of engineering studies, and a consultant's report that analyzed sea level rise, and they all recommend fixing the pool. Why is there no sense of outrage? Why didn't the City keep the pool properly maintained all along? It didn't have to close. Why did it take 10 years to fix the restrooms in Morningside Park? Why has the boat ramp at Legion Park been closed for 10 years? How long have the restrooms at Kennedy Park been closed? Why do residents, like me, have to continually ask the City to do the right thing? Mr. Napoli is a former Colonel in the US (United States) Army. He's a get -things -done kind of guy, but he needs the okay from you to begin the mission. Meanwhile, I'm still waiting for the personal appearance I requested back on May 30 under City Charter Section 23(c)4. Please, do the right thing. Make yourselves look good by giving this project the green light and fixing Morningside Pool. Chair Russell: Thank you very much. Mr. Cruz: Thank you. Chair Russell: Good morning. Victoria Mendez (City Attorney): Chairman? Chair Russell: Yes. Ms. Mendez: Quickly. Chair Russell: Madam City Attorney. Ms. Mendez: A question was asked about people bringing their own personal instructors when they use the public portion of the tennis courts, and they can. We're going to make that amendment to make sure that if you bring in your own instructor that you can play with your instructors, so. Chair Russell: An amendment is needed for that? Ms. Mendez: We'll just make it clear. It wasn't, at all, made mention in the agreement, but we'll make it clear that that is allowable. Chair Russell: On all the courts or just the two that are --? Ms. Mendez: The two that are public. Chair Russell: Got it. City of Miami Page 20 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: Thank you. Toni Thompson: Hi. Good morning. My name is Toni Thompson. I'm -- I have a comment about PH. 9, Item 6203. This initiative is to provide oral healthcare to adults, 18 plus, in Commissioner Hardemon's district; for adults seeking to interview for jobs, requiring dental care, primarily those that are missing teeth. As the first federally qualifying health center in the State of Florida and fifth in the nation, we have serviced Miami -Dade since 1967. Thank you, Commissioner Hardemon, for recognizing that oral health impacts the overall health of individuals and understanding the value that this will have on the community. Dr. Stephens, one of our dentists -- I don't know if (UNINTELLIGIBLE). Wayne Stevens: Sure. Just wanted to commend Commissioner Hardemon. This is a very important initiative. You know, I take care of oral health from a healthcare perspective, but this is also an economic issue, and this initiative will help folks to not just restore their physical health, but to be -- to move up the economic ladder, so I'm strongly speaking out in favor of supporting this measure. Chair Russell: Thank you very much. Good morning. Mariella Lopez de Albear: Good morning, Commissioners. How are you? Got my stopwatch right here. Okay. My name is Mariella Lopez de Albear, and I'm talking here about CA.21 which is the tennis court, and I want to start off by saying that I have been living in the area for 20 years, and when I got there, there was nothing there. I wish it was still forgotten and that the hocks didn't come into this area. I want you to know that the tennis courts cannot be privatized. When I moved in there, to this neighborhood, everyone there, even the young children, it was a right, a right to have access to a park, a right to have access to play tennis, a right to have access to go to the basketballs, a right to go to the baseball field. It wasn't about being privileged. It wasn't about the color of your skin or your bracket or your economical status; it was about having a community park that served all sides; white, black, Chinese, Jewish, Muslim, what have you. And now the City wants to seem to privatize everything that's public, so it becomes some sense of privilege and not a sense of right. And I urge you, as Commissioners, that you serve honorably and respectfully, and work very hard every day so that you can assure your community that they have a right to be part of a community and nota privilege. So I urge you to vote against this privatization in the tennis courts. On the second hand of Morningside Pool, the same thing. My kids are now 20 and 17 and a half years old. And I remember all the summers they used to go to Morningside Park, and it -- they paid nothing to go to the tennis court. The pool was $2 to go, and now everything seems to be wanting to delay, wanting to privatize, wanting to make it a privilege and not make it a right. So I urge you, I urge you, as the people that you are, as the public servants that you are to your community, to be that and more, and to stop the developers from coming in and taking what is our right and not a privilege. Thank you. Chair Russell: Thank you. Good morning. (Applause) Chair Russell: Please. No applause, please. Thank you. Eleazar Melendez: Good morning, Commissioners. My name is Eleazar Melendez. I'm a resident at 1861 Northwest South River Drive, in the City of Miami. As a neighbor of the river, I'm here to support my neighbors who are here today en masse to basically deliver a simple message that when it comes to the enforcement of the regulations and rules in the Miami River, we deserve better. City of Miami Page 21 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Right now I have limited time, so I'm only going to talk about two issues. One of them is addressing DL 4, which is a discussion item that you have, which has some legislation being looked at to address the issue of derelict boats and vessels. I want you to look at that carefully later today, Commissioners, because I think that there could be a very simple change there that actually addresses this issue once and for all. When it talks about section 5503(a), about derelict boats that are a threat to the environment, to navigation, or to other hazards in the community, it says that the City "may" move them or relocate them. I think the City should be responsible for that. Can we make it that the City "shall" do that? Yes, there'll be a budget impact, but we can get that back with good work from the Grants Department, from FIND (Florida Inland Navigation District), and the Florida Wildlife Commission. Look, when we have the derelict boats, it's a simple structural issue. It's everyone's responsibility; it's the City, it's the County, it's the Florida Fish and Wildlife Commission, it's FIND, it's the Coast Guard. And what happens when it's everyone's responsibility is that it becomes no one's responsibility. So that small change can work, and I believe that we should advocate for that. On the other issue that I want to talk about is the issue of the no wake idle zone and the speed at which the boats go down the Miami River. I believe there are technology solutions. There are some safeguards in there. But the more important thing is that we have to have -- go back to seeing the river as somewhere where everyone can co -exist, and really demand that as a community. I thank you for your time, and I know you'll do the right thing. Thank you. Chair Russell: Thank you very much. Good morning. Edward Lopez: Good morning. My name is Edward J. Oberle Lopez, a resident of Miami for my entire life, and I'm half Puerto Rican, so it's a great day for that part. What I'm here to talk about is RE. 4, about Bayfront Park and Ultra Music Festival. I believe that Ultra Music Festival brings prominence to our City and generates a tremendous amount of income at a time that every business needs it. There's not a day that I go by any street where I don't see unoccupied stores. And when I do see an unoc -- an occupied store, the next time I locate it, it's another brand. It's a very tough time in the economy, and Ultra brings in millions of dollars at no expense to the City; whereas any -- many other events that you could bring into the City, you're going to have to send -- give incentives. Ultra has been hosted in Miami for 21 years, has been a good tenant -- okay? -- is willing to sign another 10 year commitment, and I don't think you can replace them by March 2020. And with them giving a 10 year commitment, actually financing a lot of the projects that you guys want to do for the residents and taxpayers of Miami -Dade, I believe Ultra should be renewed for the next 10 years. Thank you very much. Again, my name is Edward J. Oberle Lopez, 900 Biscayne Boulevard. I do understand that it can be an inconvenience for some people, but it's a three-day event. It generates million -- multimillion of dollars for every facet; from hotels, hospitality, Uber drivers, the police force, medical; everything, you know. And it's basically our Coachella of Florida, you know, and it's a globally renowned organization, and I believe it should be supported. Chair Russell: Thank you. Mr. Lopez: Thankyou very much for your time. (Applause) Chair Russell: Please, hold your applause. We've got a lot of people left to speak. Good morning. City of Miami Page 22 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Latrice Hill: Good morning. My name is Latrice Hill of Inner City Dance Club of Miami. I'm here with some of my patrons here, our dancers. We were selected -- We went to competition in December, and we came in second against Canada, and our girls are going to Europe this year. This is a lot of the girls' first time actually competing, and I know there are a lot of people who haven't even been in -- gone to Europe, so we're really excited about it. Our very beloved Commissioner definitely supported us on RE.9, 6218, in helping us make sure that the funds needed were allocated to help these girls of Liberty City, Overtown, and Little Haiti get there. So we wanted to thank you guys. We wanted to come in and let you know that this is definitely something that is dear to us as residents and community members of Liberty City, Overtown, and Little Haiti, and that know money and the taxpayers' dollars are being put to good use, but we definitely wanted to come and say thankyou. Chair Russell: Thank you very much. Thank you. (Applause) Chair Russell: The Vice Chairman would like me to remind -- and I'd like to remind everyone -- when you applaud, I understand your support of people's comments, but we also try to discourage people booing of people's comments. Really, we prefer just no external additional comment, because it also just, more importantly, adds to the time of the day, and we're really just trying to hear what people have come to say so that we can deliberate and make good decisions. So, please, no external comments, no booing, no applauding. You can wave your fingers, you can be quiet about it, but we prefer no outbursts from the public, please. Thank you very much. Commissioner. Commissioner Carollo: (UNINTELLIGIBLE) clarify (UNINTELLIGIBLE). Chair Russell: I'm a little handicapped in the moment to that, so I'll let you, Commissioner Carollo. Commissioner Carollo: We had a chap that landed here a few meetings ago in Conair, and he was waving the middle finger, so -- Chair Russell: Okay. Be careful with your hand gestures as well. Thank you, Commissioner Carollo. Good morning. Alex Kaed: Good morning. Thank you for giving us the opportunity to speak today. My name is Alex Kaed. I'm a resident of the downtown Brickell area for the last seven years. I'm also the Director of the Viacom International Film Studios in Miami, and I'm here to speak in support of Ultra staying in downtown Miami for the next 10 years. See, we are in the same entertainment industry. I produce TV (television) shows and film; they produce music events. And I'm quite aware of the enormous amount of work and resources required to produce this type of event. When I heard this year that they had been pushed to Virginia Key, it actually blew my mind. I actually thought that they were being thrown under the bus. I think the gentleman -- businessman who was here at the beginning of the session, businessman who was being recognized for his work and promotion of Miami said it very clearly; that Miami is a brand, and his effort and everybody's effort is trying to make Miami stand out. It's the same case with Ultra. Ultra has been building their brand for the last 20 years and always by the side of Miami. So it's kind of fair to say that probably Ultra cannot live without Miami and Miami cannot live without Ultra. I think the matter should also be looked at as if this were a professional sports league franchise. Is the City of Miami ready to lose the franchise and let it go to some other city maybe in Florida, maybe out of state? Or City of Miami Page 23 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 we actually take into consideration the -- all the advantages and benefits that it brings to the City; not only nationally, but internationally. And assess, in conjunction, not only, you know, with the businesses, but also with the neighbors and the community, what can be done in order to let it stay and continue promoting the City. Thankyou very much. Chair Russell: Thank you. Commissioner Carollo: Excuse me. Chair Russell: Commissioner. Commissioner Carollo: Chair -- Mr. Manager, I'm a little confused. I keep hearing "10 years, " which surprises me that someone's going to ask for 10 years. Why aren't they asking for 20, 50 years, or maybe even a 99 year lease? Is it 10 years what you put in that contract that you negotiated? Mr. Gonzalez: Not at all, sir. Commissioner Carollo: Okay. All right. So these two guys are connecting like E.T. (extra -terrestrial), through the minds, and they're all coming with the same 10 years' deal, right? Nobody told them about it. Ms. Mendez: It's a revocable license agreement; revocable, just like it was the last time. You have the 60 days to revoke right after the -- Commissioner Carollo: Look, I hadn't seen any 10 years, but I keep hearing this, and I'm sure I'm going to hear more of the 10 years, so I just thought I'd ask. Ms. Mendez: No. 10 years, absolutely not, because then everything that you've said, it triggers lease, procurement, et cetera, et cetera, et cetera. Chair Russell: Thank you. Mr. Gonzalez: No, sir. Chair Russell: Let's take it up during the item. Thank you. Good morning. Katelin Stephens: Good morning. My name is Katelin Stephens. I'm a downtown resident at 340 West Flagler Street. I spoke at the last Commission meeting on the Ultra matter, and I'm here to speak again, to ask you to vote to keep Ultra at Bayfront Park. Last time I was here, I spoke more about my personal experiences working with the festival as an aspiring attorney and the opportunities it presented for me. Today I'm here to speak again in reinforcement of it. I understand that things can get frustrating with disruptions to your daily life. As a downtown resident on the other side of downtown, I'm dealing with the 1st Street Bridge construction, so I understand. That's a three-year project. Ultra is a three-day festival. What really has stuck out to me today, in the course of this meeting, multiple agenda items, is the issue that -- gentrification. And no stranger to topics in this room, I'm sure. It's plaguing Miami. It's come up at least three different issues, because I see it applied in the tennis courts, in the swimming pool issue, and here at Ultra. Ultra has been here -- born in Miami and been here for over 20 years, and now it's being forced out by some of the more affluent residents of the downtown area. What gentrification -- the textbook definition kind of leaves out a lot is the erasure, the cultural erasure that it brings, because it moves out the people who were there first. Ultra is the lifeblood of Miami. It represents that culture, the vitality that -- it brings in money, we know it brings in people, and it City of Miami Page 24 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 encourages the influx of ideas, and it facilitates that exchange every year. Removing Ultra from Miami would not only be a great economic detriment -- as you know, the millions of dollars that it brings in -- but it would also really curtail that cultural development and stifle progress. So I'm asking you today to not defer, and to vote `yes" to saving Ultra at Bayfront (UNINTELLIGIBLE). Okay? Bayfront Park. Thank you. Chair Russell: Thank you very much. Good morning. Julia Burtseva: Good morning. My name is Julia Burtseva. I'm a downtown Brickell resident, 31 Southeast 5th Street. I took time off from my work to come here and support Ultra Music Festival to stay in Miami at Bayfront Park. I've heard some comments and complaints from other neighbors, but I really think that they are not seeing a big picture and in perspective. For example, traffic gets affected, but it's only for a few hours during three days. The event does an amazing job at cleaning and clearing the streets and the area right after the event closes; life goes back to normal that Monday. And the music, which is -- in my opinion, is great -- stops at 11 p.m. sharp, so everyone can have a good night's sleep. I have been to cities in New York, where streets and music festivals goes on until -- all the way into the morning. In comparison, Ultra Music Festival is actually a very good neighbor. It will be sad to see Miami taking a step backwards and losing its identity as a progressive city. Please say `yes" to Ultra. Thank you for listening. Mr. Hannon: I'm sorry, Chair; if we could get the speaker's name again? Ms. Burtseva: Julia Burtseva. Mr. Hannon: Thank you. Chair Russell: Good morning. John Snyder: John Snyder. I live at 3980 Hardie Avenue, and I'm here to speak about Consent Agenda Item 2. This is the resolution accepting the contract with Friends of Miami Tennis. I've spoken to some of my tennis playing friends, and I understand that a management contract can either be a good thing or a bad thing. I'm concerned about privatization of public parks, and I'm not at all certain that that's what this is, but the supporting information that's provided does not make that clear. There are provisions in there to continue things pretty much the way they have been for a short period of time, and then things will change. I'm concerned about that. And more importantly, it's on the consent agenda. There's a consent between the City and Friends of Miami Tennis, which is a nongovernment, not-for-profit organization, but there doesn't seem to be the consent of the people who use the center. The neighborhood association in Morningside, the coalition of neighborhood associations, all those people have their reservations about this. I think it's premature to approve this resolution. Thank you. Chair Russell: Thank you very much. And there's a lot of discussion on this item, so I'd just like to ask either the Administration or the Parks Department to look up these resolutions, because I have not received these homeowner association resolutions against this item. So if we have received them, I'd like to get a copy of them. Next speaker, please. Good morning. Dera Schoenwald: Hi there. Good morning. I'm Dera Schoenwald, Executive Director of Volunteercleanup.org, which is a local grassroots environmental nonprofit, and I thank you for the opportunity to speak on behalf of Ultra Music City of Miami Page 25 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Festival -- in support of- not on behalf of. So there've been many topics that have been or will be discussed as part of Ultra's --festival's return to various venues in South Florida, including Bayfront Park, but unfortunately, what really hasn't been discussed as a topic is acknowledging the sustainability efforts they undertook this past year at Virginia Key. A bit of background: Upon hearing of the concerns from residents and environmentalists alike, Ultra engaged Volunteercleanup.org last fall for our help in creating a comprehensive sustainability plan to help protect Virginia Key. Alongside our friends and partners at Surfrider and Debris - Free Oceans, we consulted with them extensively and put together an overall waste management and greening plan, which culminated in an outline of environmental initiatives, to which they committed to in a jointly signed MOU (Memorandum of Understanding). I have to say, initially, I was very skeptical on their ability to execute against all of our asks and requirements, fearful that it would be just lip service. In the end, however, we were incredibly pleased with the efforts they went to reduce waste; to significantly phase out single -use plastics, including straws, Styrofoams, forks; diverting waste from the landfill with a successful recycling program; 100 percent acceptance rate on their recycling; increased water bottle refill stations, mandating only biodegradable food service items, protecting the Bayfront plastics, mitigating impacts to wildlife; implementing an incredibly successful attendee educational campaign called "Alission Home, " which reached 2.7 million fans with a strong "Leave No Trace" messaging. They demonstrated they are good community partners, with a willingness to listen, learn, and follow our lead; especially for an event that never even had recycling. I encourage you to review our Independent Scorecard Assessment, which we have shared with the Commission and will recirculate, as well as the press release -- they have sent their own -- on sustainability issues, and to consider these impacts and outcomes when making your decision. I'd like us to also set the bar for sustainability events -- sustainability plans for future events, and that the Commission require that these types of sustainability plans become common practice for all future events in Miami. Chair Russell: Thank you very much. Good morning. Daniela Sanchez: Good morning. Daniella Sanchez, 253 Northwest 45th Avenue, and I'd like to yield my time to Terrell Fritz. Chair Russell: Okay. Four minutes, then. Terrell Fritz: Good morning, Mr. Chair, Vice Chair, City Commission, Mayor, and City Manager. My name is Terrell Fritz. I'm Executive Director of the Flagler District BID (Business Improvement District), 25 Southeast 2nd Avenue, in downtown Miami, regarding RE.5, the Flagler Beautification Streetscape Project. In the interest of time, many property and business owners wanted to attend today and speak, and a small group will, but given the very full agenda, we encouraged them to instead complete an online survey supporting the project and to deliver that message to you. We stay in touch with a majority of the property owners in the district. We had a great response from district business owners, the dis -- downtown residents, and the group that identified themselves as "downtown champions. " The item in front of you today --first, once in a generation -- maybe a once-in-a-lifetime opportunity to do the right thing for the Historic Flagler District of Downtown Miami and our original main street. The new Flagler Business Improvement District, the Flagler District BID, is prepared to step up to the table and ensure that this project is an unprecedented success. These much- needed physical improvements, in a long neglected commercial core of the City, will allow us as the BID to work with the property owners and business owners to encourage future private sector investment that's required for a true revitalization of the area. A Streetscape Project is not enough. It won't be what it used to be. City of Miami Page 26 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 It's going to be a 21st Century Flagler District, but it promises to be better than ever. The BID participated recently in a zoning analysis by Gridics. This study identified the potential for 20 plus million square feet of new development within the Flagler District while preserving our very special historic properties. So it's not preservation or development; it's both preservation and development, creating a destination with a historic character that's unique in the State of Florida and in the southeast of the United States. This opportunity begins with your consideration today of the Flagler Beautification Festival Streetscape Project, and we sincerely appreciate your support in moving this project forward. We provided the BID's summary package to all of your offices. And I'll be available for questions when the item is discussed. We thank you, and as a resident of the Flagler District, I personally thank you. Chair Russell: Thank you very much. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner. Commissioner Reyes: Is this item -- BID -- it's going to be discussed or it's going to be --? Chair Russell: Yes. We have the item on the agenda, and we will be taking it up. Commissioner Reyes: Okay, because I have some comments that I want to make. Chair Russell: Absolutely. We'll take it up separately. Commissioner Reyes: Okay. Chair Russell: Thank you. Good morning. David Grutman: My name is David Grutman. I have a restaurant KOMODO and Swan and Liv and Story, and I'm here to -- in support of Ultra. Last year, millions dollars down, but besides that, guys, what Ultra does for me, it puts us on center stage as an international destination city, and I constantly push Miami, push Miami, push Miami, and Ultra's one of those marquee events that really helps me get the greatest people in the world to Miami; celebrities, DJs (disc jockeys), artists, people starting their career, iconic artists. And for me, it's something that all my employees and everyone looks forward to is that week. That's a real big payday for us, and not just for that one week, but ongoing. I mean, every country wants Ultra. That's a Miami -grown festival. And I just encourage you guys to please, please, for my staff, for myself, for Miami, bring it back to Miami, where it started. Thanks. Chair Russell: Thank you. Good morning. Gary Ressler: Good morning, Mr. Chair, Mr. Vice Chair, Commissioners, and Mayor, City Manager, Madam City Attorney. My name is Gary Ressler, of Tilia Companies, 169 East Flagler Street, here to speak regarding the Flagler Street Beautification Project, RE.S. I'm President of the Flagler Business Improvement District, the Flagler District BID, and a board member of the Miami DDA (Downtown Development Authority), and I speak to you today on behalf of commercial property owners in the Flagler District. Our vision is a comprehensive revitalization and rebirth of downtown Miami and its historic core. Unfortunately, this vision has been hindered by long-delayed Flagler Street beautification process as it's now nearly impossible to attract new tenants and City of Miami Page 27 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 maintain existing tenants during this drawn-out delay. We appreciate your support over the years, and we appreciate your continued support today, and ask that you vote "yes " on RE 5. Thank you very much for your time. Chair Russell: Thank you. Good morning. Seth Bloomgarden: Good morning. And thank you, Chairman, Vice Chairman, and Commissioners. My name is Seth Bloomgarden. I am the current Chairman of the Surfrider Foundation here in Miami. I am also a resident, and live and work in downtown Miami. And in fact, for a period of time, I've had an office directly across the street from Bayfront Park. So I'm very familiar with what goes on with the Ultra Music Festival, and I'm here in support of the festival returning to Bayfront Park. As you may have previously heard during this session, my organization was one of the organizations that helped to consult Ultra under the development of their sustainability plan this year, and I, like the other speaker, was a little bit skeptical at first, and was really wondering if they were really going to do the right thing. To my incredible surprise, they went above and beyond what we asked of them. And I think this is a tremendous opportunity for us as a city, as a community, to really take a leadership role to make Miami a cleaner and greener space. Ultra is really willing to step up to do the right thing in this regard. They've exhibited this by spending a lot of time, resources, and money to implement some of the sustainability plans that we helped them to develop. I think this is just the start. I think, if we work together with them as good corporate citizens, we have the opportunity to showcase Miami as a city that takes the lead when it comes to sustainability. This can really be an example for other City events, other City functions, and other cities around the world to stand up and take note of what we have done here. I appreciate, you know, some of the concerns of local residents, but I think, if we ask of Ultra the next steps in terms of environmental sustainability for an organization of this size, this can really move the needle in a very tremendous way. So I thank you for your time, and hopefully, we can take the next steps in greening Miami together. Thank you -- Chair Russell: Thank you. Mr. Bloomgarden: --very much. Chair Russell: Thank you. Next speaker, please. Randall Alonso: Thank you. Good morning. My name is Randy Alonso. I'm the owner of Lost Boy Bar at 157 East Flagler Street, and the Director of the board of the Flagler BID. Regarding RE. 5, I'm speaking on behalf of the business owners in the Flagler District. My family has been in business in downtown since 1965, when my grandfather reopened our Castro -confiscated department store, La Epoca. My late father, Tony Alonso, who many of you remember, raised me with a vision of downtown Miami that has always began with a strong, vibrant, and active Flagler Street. "If the street does well, the neighborhood will do well," he would say. As tenants and business owners at the street level, we have to interact with the state of this beautification plan more than anyone else on a daily basis. The delays that have occurred over the years have had a significant negative impact on our ability to run and plan our operations. We want to be downtown. We want to grow our businesses there. We want to continue to invest in the future of a strong, vibrant, and active Flagler Street in the City of Miami. We shouldn't have reasons that discourage us to do so. Flagler is the most historic commercial street in Miami. It deserves the attention it has been waiting for all these years, since the times my father would describe what downtown Miami could be. A stronger Flagler Street will be a stronger downtown, and a stronger downtown City of Miami Page 28 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 will be a stronger Miami. Let's finally get started on this project, and let all who live and visit Miami to experience and enjoy it. Thank you for your support. Chair Russell: Thank you for your comments. Good morning. Ms. Crystal Valle: Hi. Good morning. My name is Crystal Valle, and I'm speaking in support of Ultra, Agenda Item RE.4. I've been a resident of Brickell downtown area for 10 years. One of my favorite places in downtown is Bayfront Park. Bayfront Park tome is Miami Central Park. We are so fortunate to live in a city where we have access to such a beautiful venue, and where you can walk your dog, or enjoy a concert at Bayfront's permanent amphitheater, which is actually intended to host music events. Ultra has been in the downtown area long before many of these buildings or residents were even there, which is why I don't understand why someone would move to an area, and then try to change everything about it. To the best of my knowledge, Bayfront Park is funded entirely through the production of live events, and not a single tax dollar is budgeted by the City for the park's upkeep or operating costs. Earlier you recognized a gentleman for promoting Ultra -- for promoting the City of Miami all over the world. Well, that's kind of what Ultra has done for Miami as well. I've been very fortunate to have traveled all over the world. Chair Russell: Just a moment. Please close that door. Hello? Please close the door to the chambers. Thank you very much. Sorry about that. Ms. Crystal: Okay. I also think it's not fair that a handful of residents get to decide whether the City of Miami benefits from Ultra's economic impact, or drive away tourists that come to Miami specifically for Ultra. The City has already driven away the Miami Tennis Open, and now Ultra? How many more events will we drive away? I'm in support of Ultra staying in Bayfront Park. Thank you. Chair Russell: Thank you. Good morning. Brian Alonso: Good morning. My name is Brian Alonso. I am with La Epoca Properties, located at 1581 Brickell Avenue. I am also a Co -Chair of DDA 's Flagler Street Task Force since 2012. I'm here to ask your support of RES, funding for Flagler Street Beautification Project. Our committee has been working since 2011 with the simple mission to revitalize Flagler Street. In our beginning phases, we quickly identified a streetscape makeover as our highest priority to achieve this mission. We worked really hard to get to a groundbreaking in 2016 for the Streetscape Project, with funding and designs in place. Unfortunately, the contractor that the City procured significantly underperformed, and we, together with the City, had to make the rare move to terminate that contractor and ask the company to leave the site. Since 2017, the City staff, the DDA, the Flagler Street stakeholders, and now, the Flagler Business Improvement District, have all worked together to bring this new opportunity to you again, and now even better. The new contractor has been selected differently, and the design has been made even better. I want to commend the whole team on putting together the funding, including garnering significant funding from Miami - Dade County. On behalf of those who have worked so hard through so many years, I want to tell you, I believe we finally have it right now. I thank you for your support in moving this project forward. Thank you. Chair Russell: Thank you. Good morning. Julie Kim: Good morning, Chairman [sic] and Commissioners. My name is Julie Kim. I'm here today in support of Ultra Music Festival in -- to be in Bayfront Park. I've been a res -- Miami resident for many years. I've also been a resident City of Miami Page 29 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 in New York City for many years, but I decided to move back to Miami. I moved back because of the amazing transformation that Miami has gone through over the years. I moved to Miami Beach, then to downtown Miami. I deliberately chose these neighborhoods, because I wanted to be in that big center of all the actions and events. If I wanted more peace and quiet, I probably would have moved to Pinecrest or Boca. I've been a huge supporter for Ultra for many years; not just as an attendee, but now also as a small business owner in Miami. It has brought many more different activities, events, which has led to more job creations as well. Miami is known for being diverse, young, lively city; that's why people vacation here, invest and open businesses, and choose to live here. Ultra is one of the biggest known music festivals; not only in the nation, but in the world, and it brings people from almost every continent to Miami. The festival is actually a remarkable experience. They're also a great partner for the City ofMiami. And if you ask many other business owners, restaurant owners, and hotels if Ultra benefits their business, it would be an overwhelming `yes. " Miami's still a growing city. And if we inhibit something that brings growth, what a disservice it is to this City. The amount of benefits are well worth just a single weekend, so please vote "yes." Thank you for your time. Chair Russell: Thank you. Good morning. Gabriel Hernandez: Good morning. My name is Gabriel Hernandez. I am a resident of 111 East Flagler Street, in downtown Miami. I'm also the President of the Historic Flagler's First Condominium, and I'm here in regards to RE. 5. I just want to let everybody know, I'm a native of Miami. My family emigrated here from Cuba in 1959, and I have been residing in downtown since 2011. I moved to the City. I was very excited to see all the opportunities and the buildings and everything that was just growing up in front of us. New businesses were opening. Then we were assessed to have our street renovated; everybody was excited about that. And since 2016, we are still waiting for that street. That street is exactly where it was when it started, and we need it. We need it. We have businesses closing. We have restaurants that we used to go to that aren't there anymore. And as a passionate Miamian, I feel that we should have a pride in our City and in our founding street. Henry Flagler came here for this reason. We need to fix the street. We need your support. And I appreciate you guys listening to me today. Thank you so much. Chair Russell: Thank you. Good morning. Arantza Muro: Good morning. My name is Arantza. I've been a resident of Miami for the -- downtown Miami for the past 18 years, and I'm here to speak in favor of Ultra Music Festival residing in Bayfront Park. I'm very proud to say that I support it with the Mission Control Team, which was a group ofpeople that went around the festival, encouraging everyone to have fun and to party in a responsible way, to take care of their spaces, of each other as a community. And I was very happy to see that everyone was very inspired to recycle the plastic, to not leave any trace behind, and to encourage each other to do so. And I think that Ultra can offer a platform where people can not only go and have fun, but actually change the way and the stigma around a music festival, where you can actually go and inspire each other and really take care of your space. And this is a good opportunity that Miami can integrate, and not only for this festival, but in general, because we have over 70 percent of 60, 000 people that attend the festival that come from other countries, precisely for the festival. So I would like to share that, and to invite you all to please consider that, and to see that it is beautiful to have 60,000 people from all over the world coming together to celebrate in our City, and to do so in a responsible way, and then to take that home and inspire everyone as well. So thankyou. City of Miami Page 30 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you. Mr. Hannon: I'm sorry, Chair; if we could get the speaker's name again? Chair Russell: Your name, please. Ms. Muro: My name? Aramza Muro. Mr. Hannon: Thank you. Ms. Muro: Thank you. Robert Geitner: Good morning, Mr. Chairman, Vice Chair, Commissioners. My name is Robert Geitner. I'm Executive Director of the Olympia Theater, here to support the Flagler Beautification Festival Streetscape Project, Item RES. As Flagler Street stands today, Olympia Theater patrons encounter broken sidewalks with loose tiles and asphalt patching -- not great for high heels -- curbs and steps that are inconsistent, tripping hazards, and a neighborhood environment that does not project an attractive destination. Despite these conditions, Olympia has significantly increased cultural and community programming at the historic venue, since assuming operations in 2011. Once the new Streetscape is completed, we anticipate bringing more new programming to downtown Miami throughout the year. The Olympia Theater is an open and active destination in the Flagler District, and a neighbor and a participant in its benefit. We are prepared to come to the table to support this project with grants that we already have in place from the Miami Foundation and DDA. Our Flagler Storefront Activation Program proposes to activate vacant storefronts with temporary performing and visual art pop -ups throughout the duration of the construction project. I'd like to thank you for your support of this very important project. Thank you. Chair Russell: Thank you. Good morning. Next speaker. Tamela Barnett: Good morning. My name is Tamela Barnett. I'm a recent graduate at FIU (Florida International University). I moved up here in 2012, and I had the opportunity to attend Ultra Music Festival on different occasions. It was one of the best experiences of my life; especially when it was down at Bayfront Park. The amazing people I met from different cultures and backgrounds were all unified and integrated through the sound of music. I'm here in support of the festival. It's obviously [sic] that it benefits the City economically, but it also has a represen -- it also is a representation of the City's diverse ethnic background. So again, I support it, and I hope you really consider it. Thank you. Dylan Finger: Hi. My name is Dylan Finger. I am here today representing Mana Miami on two different issues; RE.4, which is Ultra, and RES, which is the Flagler Streetscape Improvements. I have some handouts here to start off with RE.4, if I could -- So RE.4, regarding the Ultra Music Festival, you know, we're not here to either support or not support it going down to Bayfront. We are here, however, supporting strongly keeping it within the City of Miami. Mana Wynwood, which is our properties in holdings in Wynwood, consist of about 40 acres of mainly open land, including 140,000 square foot of convention space. And what we're here today is to really put our self [sic] out there as an exploratory interest in letting the Commission know and the City know that should this vote go "no" or "in the future" that we are here to offer ourselves up to look into the possibility of having Ultra in Wynwood. We already had preliminary meetings with the Wynwood BID, some of the members, with the Executive Director, initially just discussing and seeing what could be possible, and I think the general consensus is that -- you know, of course, there will always be "no" City of Miami Page 31 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 and there will always be `yes, " but I think it's more about if it's planned properly as a community effort involving everybody within the community, as well as us as landowners that we could possibly pull off something incredible. So that's why I'm here today on the one item; is to just offer that up. We have a letter that's being put into record, so in the future, should this go either which way that we're open to work with the City and the stakeholders and the Wynwood BID to try and make that happen. On the second issue, which is RE.5, the Wynwood -- sorry -- the Flagler Streetscape Improvements, I've been involved, since probably 2015, seeing, you know, the existing part of the work that was done in front of the courthouse, and kind of not being impressed with the workmanship and the design. We stepped in rather aggressively when the contractor was terminated to create what we believe should be Historical Main Street, Miami and should be a signature street showing really the main street of what Miami is, and we worked on a design that would enhance the current design to make Flagler Street incredible. You know, we've invested, as personal property owners, over $350 million on -- in that Flagler Street core on buying properties in the vested interest of changing that whole neighborhood. Since we've come up with this new design, we've worked painstakingly with the City, with the DDA, with the Flagler Task Force, with the County, with everybody, and we've all worked together in order to come up, all right, with where we are today. Chair Russell: Thank you. Mr. Finger: That's it. Chair Russell: Thank you very much. Mr. Finger: Okay. Chair Russell: Yeah, we're well past the two minutes. Thank you very much. Mr. Finger: I thought you were going to give me another two minutes. Chair Russell: You needed four; I apologize. Did someone -- Mr. Finger: You said that I could. Anyway -- Chair Russell: If you could just wrap it up. Mr. Finger: (UNINTELLIGIBLE) two separate -- Chair Russell: I know there was two different items. I apologize. Mr. Finger: Okay. (UNINTELLIGIBLE) is fine. I think (UNINTELLIGIBLE) my point's put across. Chair Russell: No. Thank you very much. Mr. Finger: Thank you. Chair Russell: Thank you. Mr. Finger: Okay. Commissioner Carollo: Stick around. Mr. Finger: Okay. City of Miami Page 32 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: So that maybe you could take them over to Wynwood, if you'd like. Mr. Finger: Okay. Thanks. Commissioner Carollo: Its enclosed; the noise don't go out, right? Mr. Finger: All right. I'll try. Thank you. Chair Russell: Good morning. Joseph Robert: Good morning. My name is Joseph Robert Rosilla. I'm speaking on behalf of -- or in support of Ultra Music Festival. I've lived here all my life. I was born here. And, of course, we have major negative economic impacts, like hurricanes, Zika, and now piles of seaweed. It's unusual to have an economic driver homegrown here that has brought thousands, tens of thousands of people, and millions of people have been shown the positive attributes of Miami through Ultra. It's viewed around the world in 30 different countries, and they all come to visit here and spend money. It also provides jobs, police, firefighters, electricians, carpenters, lobbyists; all sorts of folks that benefit from this. And to, you know, put a damper on it would be --it doesn't make sense. We should support it in full. Miami should put its full weight behind supporting this great event, including thinking about maybe even deeding property to Ultra, so they have a permanent home where they can really roll up their sleeves and provide jobs. It's an economic driver that provides jobs, and we should support it, and I hope you support it as well. Thank you. Chair Russell: Thank you for your comments. Good morning. Phoebe Hibshman: Good morning. Commissioner Carollo: Maybe we should even name the City of Ultra. Chair Russell: Good morning. Ms. Hibshman: Hi. My name is Phoebe Hibshman. I've lived in Miami 28 years. I lived all over Miami. The last two years, I've been living on the river, and I want to talk to you a little bit about the river. I lived on Brickell for about three months, and now I live at 1000 Northwest North River Drive. It's the "Wild, Wild West" on the river. I see your boats -- the police boat once a day, maybe, but what's going on -- I actually have lots of video evidence. And I agree with you, Commissioner; we should have cameras. It shouldn't be that hard. Why don't you put some cameras up? Put it in your budget so we can actually start having tickets and violations, and you can have some sort of income. But on the river, it's a mess. I have videos of dead turtles being killed by boats, of manatees ripped apart, of people blasting their music so loudly at 3 and 4 in the morning, I don't sleep. Commissioner Carollo: That's why you don't have cameras. Ms. Hibshman: That's what? Commissioner Carollo: That's why you don't have cameras, because you don't want -- some people don't want the evidence of the music being blasted so loud. Ms. Hibshman: It is. It's really sad. City of Miami Page 33 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: I had cameras, that they were offered to me at one time. In fact, they were put up in Little Havana for a short period of time, couple of months -- Ms. Hibshman: Yeah. Commissioner Carollo: -- until someone asked for videos. Within a couple of days, cameras disappeared. Ms. Hibshman: Well, put them up tall. Do something, because it's -- you're destroying the nature of the river. You're destroying it. Commissioner Carollo: What you and everyone -- Ms. Hibshman: Yeah. Commissioner Carollo: -- of your neighbors are asking for in the river -- the problems you're describing is the problem that I have in a big portion of my district, and we're not in the water; that Commissioners Gort has -- Ms. Hibshman: Yep. Commissioner Carollo: -- in a big portion of his district; Commissioner Reyes, to a lesser part; Commissioner Hardemon, I know, because I'm getting constant complaints from his district. So you're not immune to what is happening. Ms. Hibshman: Right. Commissioner Carollo: And the biggest problem is that there is no accountability. We're being run amuck by bureaucrats; that the only thing they care about -- you know what it is? Keeping their jobs. And if that means that people that are doing whatever they please are going to be protected, because they can do a lot more than a few of you can, then that's what's going to happen. But this same problem that you're describing on the river, the lawlessness, we're seeing it across the City of Miami. Ms. Hibshman: There's a real disregard, a real disrespect. Commissioner Carollo: Yeah; no accountability, whatsoever. Ms. Hibshman: But I'm willing to help and put cameras up; help you in any way I can, personally, and in our neighborhoods, but -- Commissioner Carollo: But don't worry; I'm sure someone will come there and they'll be taking selfies, and they'll be putting it up in a Tweeter account, and they'll say that, you know, they're doing great for you, and that's all you get. Ms. Hibshman: All right. Thank you. Thank you for your time. Chair Russell: Thank you for your comments. Good morning. Jose Rodriguez: Good morning. My name is Jose Rodriguez, and I live in the Roads. I'm here against parks in the Roads. Through the Freedom of Information, we find out that the property located on 25th Road and 5th Avenue was purchased for 1.3 hundred thousand dollars [sic]. Chair Russell: I'm sorry, sir. Which item are you speaking about? City of Miami Page 34 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Rodriguez: Against the park in the Roads. Chair Russell: Is that an item on this agenda? Mr. Rodriguez: It's for everybody, right? Chair Russell: I'm just -- sorry. I just wanted just for the -- just for our understanding -- Mr. Rod Rodriguez: I signed for it. Chair Russell: Yeah. No. I just wanted to know if you're speaking specifically to an item on this agenda and for or against, just so we -- Mr. Rodriguez: I'm against it. Chair Russell: You're against a -- Mr. Rodriguez: Yes. Chair Russell: --park in the Roads? Mr. Rodriguez: Right. Chair Russell: Okay. Mr. Rodriguez: Yes, since I live in the Roads for the last 29 years. All right? This purchase was done from money that was supposed to be used for what is called "Community Develop [sic] Block Grant" money. It was not purchased from funds that were generated by the park incomes. If that funds is used from this grant, it is supposed to be used only for HUD (Department of Housing and Urban Development). That means low house incomes, and it was used to purchase a park, which is no longer a park -- or what is (UNINTELLIGIBLE) -- excuse me -- it is required by this fund. So what I'm saying is, these funds were intent and used for the wrong purpose. If I call the Federal Government and I tell them that these funds were used for something that was not supposed to be use, the City has to pay back all that money, and looking at this property, it's paid 1.13 for a piece of property that now is going to become a park. That's not counting that this City has to pay between 6 and $800, 000 for that park to be built. Is those funds to build that park is going to come from the same funds that was supposed to be used for low housing income? Or is this just to become --you know, use however the City wants to? It's outrageous, sir. You know, funds have to be used for the purpose that they need to be used -- Chair Russell: Understood. Mr. Rodriguez: -- not for something else, and this is what this area's been used for. Chair Russell: Thank you, sir. What is the address of the park again? Mr. Rodriguez: This property is located on 25th Road and 5th Avenue. Chair Russell. Thank you. Mr. Manager, could you take note and brief the Commissioners on that, so that we understand the funding source? It's not on this agenda, I don't believe. It was on a prior agenda. Thank you. City of Miami Page 35 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Christina Palomo: Good morning, everyone. Christina Palomo. I'm a resident of 244 Biscayne Boulevard, and also a Bayfront Park Advisory Board member. Today, I'm here as a downtown resident to speak on RES and RE4, Flagler Beautification and Ultra. So on RES, I would just like to quickly reiterate the need for the Commission to support this beautification of Flagler, which is our main street; cannot be delayed anymore. This several -year-long delay has been hurting the businesses and preventing new ones from coming into the district. So downtown cannot meet its full potential without the completion of this project. Please, I ask the Commission to move forward swiftly, as it's essential to the vitality and progress of the downtown and CBD (Commercial Business District). On REA what I would like to say is we have all been here before discussing this issue of Ultra, but this time around, there are some factors that make this a very different conversation, and mainly, this is the fact that we are here today discussing reintroducing Ultra to Bayfront Park on the same year as the hosting of Super Bowl 2020 Fan Fest, and this is truly inconsistent with the unanimous position that this same Commission took in support of administering the 85 percent rule, ensuring that Bayfront Park would be kept open to the public, and useable at least a minimum 85 percent of the time. Ultra coming in on the tail end of Super Bowl Fan Fest, with other events, such as the Miami Marathon, scheduled in between, will mean that the park will be largely inaccessible for the majority of January until May of 2020. So to me, the real big picture here is that this is about much more than a park and a music festival. This is about sending a message to the residents of Miami that the rules made here are made to appease when needed and to later break when convenient, and I believe this is the wrong message. So I urge you to think about that while contemplating on this decision, and ensure that a more appropriate venue is selected for Ultra to allow it to remain in Miami at an alternate location. Lastly, I will respectfully ask the Commission to address today the status of the outstanding debt that, as of a couple of weeks ago, was reportedly owed from Ultra to the City of Miami of approximately $866,000 for Fire, Police, and waste services, and inform the taxpayers as to whether this amount has been satisfied in full or is still outstanding. Chair Russell: Thank you. Ms. Palomo: Thank you. Chair Russell: Good morning. Evelyn Lujan: Good morning. My name is Evelyn Lujan. I'm also a resident of the neighborhood, the Roads, and I'm here to oppose the parks. We found out that the City was going to build four parks without our neighborhood, after they have already purchased the land. We start asking our neighbor -- Ms. Mendez: Excuse me, Miss. Who else is here to talk about the parks purchases? Okay. That item is not on this agenda today. The only thing that's on the agenda today has to do with re -- Unidentified Speaker: Zoning. Ms. Mendez: -- zoning uses of parks generally, whether they're 40, 000 square feet and parking requirements to parks. Nothing having to do with actual purchases of parks is on the agenda today. Ms. Lujan: But they already purchase, and they're trying to change the zoning also. City of Miami Page 36 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: Right. So those items -- whenever the zoning comes, that's the appropriate time to talk about those items. Ms. Lujan: Okay. But they already purchase, and they are planning to do the park, so how do we stop it? Ms. Mendez: Okay. Ms. Lujan: Because they already -- Chair Russell: I'll allow it. Thank you, Madam City Attorney. Now it's noted. This is from a prior purchase. They're here to -- and I'll allow it. I know you're here this morning, so you don't have to -- Ms. Lujan: They already -- Chair Russell: -- come back this afternoon. Ms. Lujan: Yes. Chair Russell: Her point is that the actual zoning issue is on the afternoon's agenda. And so, you would normally have to wait until 2 p.m. to even speak on this item. Ms. Mendez: No, no. The -- there is -- I was just saying zoning -- a zoning text amendment is on for this afternoon; it has nothing to do with these park purchases. That would have to come for re -zonings in the future. Chair Russell: Correct. Ms. Mendez: This is not on the agenda at all today. Chair Russell: No, I understand, and I agree with you. Ms. Lujan: And we can come another day, but we wanted -- because they already ask a few people to design the park, so we don't want -- we -- you know, we just find out about this -- Chair Russell: You don't want a park? Ms. Lujan: We just find out about this parks. Even the neighborhood around that park, around, they just find out about this park. Chair Russell: Understood. And you're not in favor? Ms. Lujan: No. Chair Russell: I think you have some work to do with your local Commissioner -- Ms. Lujan: Yes. Chair Russell: -- I think, with that regard so that, hopefully, what goes there is what the neighbors want -- Ms. Lujan: Yes. Chair Russell: -- because I -- it's -- City of Miami Page 37 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Lujan: And the thing is that the -- in that -- in those meetings, they only goes 10 to 15 people. And the last meeting, the Commissioner was not there, and it was packed, because now the neighborhood find out about the park, and it was packed. And we really want to stop the parks. We have been living there -- myself, more than -- in the area, 33 years; in the Roads, 15 years. I choose that neighborhood because it was a quiet neighborhood. We don't want those parks around. And we just find out -- people around just find out. I have two teenagers that grew up in that house, and I have taken to the parks around; that they are three to four minutes driving, and now they are wanting to do four parks inside the neighborhood that we don't want it. Thank you so much. Chair Russell: Thank you. Good morning. Commissioner Carollo: Chairman -- Chair Russell: Yes. Commissioner Carollo: -- you've taken some time to ask questions; you're going to get some answers. First of all, the question about four parks inside the Roads, that's absolutely not true, absolutely not true. There's one park in the main part of the Roads, the heart of the Grove, that doesn't have a single park that was mentioned here before, and then there's a second park in the outskirts, within 50 feet inside the Roads. And the problem here is that a small minority of people -- that have a right -- have opposed this, led by a young man that doesn't live and hasn't lived for some time in the Roads. They are being told a lot of stories. These are parks, just like the ones that you have in Coconut Grove. The playground next to the Dog Park that you have in a part of your district, do you find that offensive that that is killing the Grove, it's bringing all kinds of tray5ric, it's bringing all kinds of people from the outside? No. You know well that these parks are designed for the neighborhoods. The problem here is -- and I'm going to lay it out as clear as I can -- that a couple of people have started putting out the word that the outsiders, those on the other side of 8th Street, as one called them, that I was told, "the Indians. " The racism is coming into play here, and they're telling people that others that don't look like them, that don't have the same level of monetary achievement, are going to be the ones coming into the neighborhood. Now, the latest one is that traffic -- that their property values, they started first by saying it was going to go down. When that didn't work, well, your taxes are going to increase, because this is going to make the property values higher. I never thought in my life that by providing what I stated when I ran that I was going to do, bringing parks to this district, doing what the homeowners association from that area requested of me to do -- in fact, that particular site, it was the homeowner association, the Roads Homeowner Association, that brought this site to me -- that I would get a handful of people trying to create this opposition to create a park for young kids. Maybe this is the only place in America that you'll see this. I don't know. But certainly, some of the statements that were made here, we would not have done -- none of the employees in the City that approved this, that have taken the steps to buy that particular park -- anything wrong if they hadn't checked with it through the whole Administration. This is where the funds were for this particular park, out of six that we're looking at, out of which four, not in the Roads, are -- was said to me that it was fine to use funds of the sorts for this park. Now, we follow a democratic process. They've had an opportunity to go to three public meetings that we had. And what has happened in those meetings is that many of the people with kids that want to go, they're afraid to go, because they don't want to be bullied, it's screaming, demands being made, where little kids are being scared to see what is going on, but I assure you -- and like I said to them, they could take care of it in-house within the neighborhoods -- that a majority of the people there would want to see parks for their kids. I cannot City of Miami Page 38 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 believe that anyone that has a young child or grandkids don't want a pocket park within the neighborhood that is going to be closed before it gets dark, where they could walk to the park and enjoy something good. You know, it's beyond me. Now, if it's personal, that you got a few people stroking it more because it's me, that's fine; I'm a big boy, and I could take it. Ms. Lujan: Let me explain. Okay. Chair Russell: Ma'am, you're not recognized at the moment. Commissioner Carollo: But, you know -- Chair Russell: Just -- let's wrap -- Commissioner Carollo: -- if you've asked that she was finished already, this is why I want to bring this out to you, so that you can understand it. Everyone here had the opportunity to ask questions when it was approved. We had, at prior meetings, the two organizers that have a house across from it that came in here -- one, like I said, the son that doesn't live in the district -- they've gone -- Chair Russell: Thank you. Commissioner Carollo: -- to all three meetings. Even my wife, in the first one, was grabbed by the arm by one lady. Chair Russell: Thank you, Commissioner. Commissioner Carollo: So I can't be as clear. And if this is going to be the game we're going to play, then I suggest that you contact the President of the homeowner association of the Roads, and there's plenty of people that we could bring up here that will speak for the parks. Ms. Lujan: We don't have -- Chair Russell: Thank you. Ma'am, you're not recognized at the moment. This is not an item on the morning's agenda. This afternoon on the PZ agenda, we're taking up a zoning text amendment that would allow for the rezoning of small spaces into parks. That would be the appropriate time to handle this whole entire discussion. So if there's anyone else here who'd like to speak on the PZ agenda, please allow the morning's agenda people to come up first, because we only have 20 minutes left in the morning. Ms. Lujan: Okay. Chair Russell: And so, we really want to let the people who are here to speak on the morning's agenda speak about it; and then, if we have time to get to the PZ agenda items, if anyone's still here for that, they can speak then, or at 2 p.m. when we reconvene for the P&Z. Commissioner Carollo: But again -- Chair Russell: I do not want to get in an argument right now about an item that's not on the agenda. This is a past purchase. I understand the unhappiness about that by some residents, but this is not the moment to get into it. Ms. Lujan: Can I not say anything then? City of Miami Page 39 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: You'd like to go back and forth with the Commissioner -- Ms. Lujan: No, no, no. Chair Russell: -- over the things that were said, so -- Ms. Lujan: I just want to clarify something. There is no association in the Roads. There's one person that goes to the meeting, but there's no association. We don't pay for association. Our faults that we don't go to the meetings. Chair Russell: Understood. Ms. Lujan: Only (UNINTELLIGIBLE) person, and we have more than ISO signatures -- Chair Russell: Understood. Ms. Lujan: -- already collected. And the last meeting was packed of all the neighbor that don't -- that we don't want the parks. Chair Russell: Thank you. Ms. Lujan: Thankyou so much. Chair Russell: Thank you, ma'am. Ms. Mendez: Chairman, I -- Chair Russell: Yes. Ms. Mendez: -- just wanted to clarify just for the record, the funds that were utilized to purchase those properties, that was all legal; it was appropriate. I don't like the allegations that are being made with regard to that, so I just wanted to clarify that for the record. Chair Russell: They were asking. There were questions about whether they (UNINTELLIGIBLE). Ms. Mendez: Right, right. That's why I just wanted to make -- Commissioner Carollo: No, no, they were not questions. Those were accusations that were being made -- Ms. Mendez: Right. So I just wanted -- Commissioner Carollo: -- that we had done something illegal, incorrect. Ms. Mendez: --so I wanted to clam that that was a proper -- Chair Russell: Purchase. Thank you. Ms. Mendez: --you know, use of funds. Chair Russell: Thank you. And that's what I had asked, just to send us a memo. We don't need to go through it now. Good morning. City of Miami Page 40 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Jenny Mena: Good morning. My name is Jenny Mena, and I'm here representing Horizon Homes Realty. I am here in support of Ultra Music Festival. I speak on behalf of the mindful investors that are aware of growth development in the City of Miami. Downtown Miami and Brickell has transformed and enhanced for the better. I love the Grove and the revolutions taking place, especially with electric scooters and the expansion of Brightline. We have a lot of movement, because it's the heart of Miami; therefore, it is hard to move around. There is traffic; residents are constantly complaining about having to detour because of the construction; South Beach is way overrated. So anything and everything is happening in downtown, Brickell, or even Wynwood. Other marathons and walks for amazing causes, like Susan G. Komen that I love, participate, and begin in Bayside, the "Central Park" of Miami. Bayfront Park has been around for almost a hundred years, and yes, I do agree that we should maintain and possibly upgrade a little, like the redevelopment projects I seethe City working on. We are evolving. We're no longer buying single-family homes with a white picket fence. Now we're sending our kids off on Ubers with strangers, riding scooters around town, adapting to a more creative urban lifestyle. Bayfront Park is not only for community yoga, operas, and the marathons that shut down the streets for an amazing cause, but everything Miami, including the loud tiki-tiki music from Ultra, the best Fourth of July fireworks. And the City should take into consideration how mindful Ultra was this year. They worked with clean vibes to ensure our beaches did not get damaged. Thank you, Ultra, for your awareness. Quoting Maya Angelou, "When you know better, you do better." I love Miami and what we are known for; the melting pot, full of different cultures, art, food, and music. We're the home of the Miami Heat. We have the best beaches, festivals, and Super Bowl 2020. Let's continue to grow and invest in the City of Miami by allowing Ultra to remain at Bayfront Park; their home for the past 20 years. Thank you. Chair Russell: Thank you. Good morning. Charles Ratner: Good morning, Commissioners, Mr. Manager, and staff. Thank you for the opportunity to speak in favor of Ultra today. My name is Charles Ratner. I'm a born -and -raised Miami native, and transactional real estate attorney, with oj5rices at 605 Lincoln Road, Suite 210, in Miami Beach. My sister and I are City of Miami property owners and taxpayers, with property at 127 Northwest 5th Street, in Overtown, adjacent in Miami Central, which my family has owned for almost a hundred years. What an honor to be able to speak in favor of Ultra Music Festival, an item before you on Nestor Torres Day. What a beautiful performance Mr. Torres shared with us this morning. We are "over the rainbow. " We're not in Kansas anymore, and Miami certainly gives Oz a run for its money. As the Mayor said earlier, Miami is truly a global city, and the City has no greater global ambassador than Ultra, whose mere name is synonymous with the City of Miami. My children have interned for Ultra for many years -- yes, Ultra has interns -- and have collaborated with Ultra, as I've stated before, to raise money for `Make a Wish. " My family has witnessed firsthand the generous and responsible corporate citizen that Ultra is, and you should be proud that they want to continue their Miami residency, as well as their sustainability efforts in your proud city. Not a single company or event in town is an international brand ambassador for the City of Miami like Ultra is. Ultra brands and magnifies the City like no one in the world; no one, and you get this for free. Actually, they pay you for it. My oldest son spent a semester in Prague last year. And whenever he wore his Ultra shirt, he was approached and asked if he was from Miami. My other son recently (UNINTELLIGIBLE) in Israel was similarly asked questions. My daughter right now is in Morocco, and also wore an Ultra shirt, and people asked her, Is Ultra coming back to Miami?" They're asking this question in Morocco, a world away. Ultra's are held in cities throughout the world, but I City of Miami Page 41 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 want to share with you again that the City of Miami is the only city with an Ultra that has its own flag branding the City. Every other flag is a country flag. You should be proud of this, guys. You really should. Thank you for the opportunity to speak today. Chair Russell: Thank you. Good morning. Matilda Kalaveshi: Good morning. My name is Matilda Kalaveshi. I am a resident of Key Biscayne. Chair Russell: Get a little closer to the mike, please. Ms. Kalaveshi: Yes. Chair Russell: Thank you. Ms. Kalaveshi: So I've been here numerous times, asking for your support in making Miami a more liva -- downtown Miami a more livable place. I am here today because I want to continue being a downtown resident. I want to continue being a taxpaying downtown resident. I want to continue to contribute to the local economy and to the downtown businesses daily; not for a weekend; not once a year. Because let's face it; it's not Beyonce or celebrities that are walking down downtown Miami and supporting the local businesses. It's myself and other downtown residents. Unfortunately, I cannot do any of the above if my rights for safe shelter and tranquility are taken away from me. As it stands right now, four months -- the first four months of 2020 are booked with the (UNINTELLIGIBLE) of back-to-back events at the park. Adding Ultra into the mix means an additional two months of chaos; chaos in a park that is in desperate need of renovation. Yet, we are not talking about renovation. We are talking about continuously destroying and abusing this park. Today, you are not voting about the proverbial privileged rich downtown residents that people like us -- to address us as. You're voting for me. I'm not rich. I'm not privileged. I am a law-abiding citizen of downtown Miami, and I ask your support in voting "no " against Ultra. And also, as a side note, a gentleman mentioned that Ultra can be compared to Coachella. It's a great comparison. Coachella takes part -- or takes place outside the city, in the middle of nowhere. So if you want to compare the two, this is a great comparison. Thank you, everybody. Chair Russell: Thank you. Good morning. Claudia Roussel: Good morning. My name is Claudia Roussel, 10 Museum Park. Dear Commissioners, my name is Claudia Roussel, from 10 Museum Park, and I speak in opposition of Ultra. Once again, the downtown residents stand in front of you asking to do the right thing. And once and for all, say "no" to Ultra in Bayfront Park. Nobody is saying "no" to Ultra in Miami, but not in an already densely packed neighborhood, which is becoming more and more a home for families. Why is it that we have continually to fight for basic rights, like quiet enjoyment of our homes and use of our parks, which are reasons we decided to live here in the first place? Ultra, plain and simple, outgrew Bayfront Park. It needs to find a new home. Times and situations are constantly changing in a city, and responsible City leaders understand that fact and act accordingly. I hope you will, too. A final point, to add insult to injury, the downtown community is being told that all the money being generated by Ultra will go into the general City fund, so our community suffers and gets nothing in return. We are being told the Park Trust has no money for security, the upkeep of our parks, and mediocre at best, due to low staffing. And Maurice Ferre Park still is waiting for a long promised children playground, but Bayfront Park is being given away for free. Voters living City of Miami Page 42 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 in downtown, please, wake up and make your voices heard at the next election. Thank you. Chair Russell: Thank you. Good morning. Victor Gadino: Hello, hello. Victor Gadino. I'm owner at 50 Biscayne. And I'm here again today having to take off work, and I'm feeling lousy, because I didn't sleep last night, worrying about Ultra coming back to the park. I'm not against Ultra in Miami. I think it's a great event, but it needs to find a home other than Bayfront Park. And I don't even understand how this issue can be up again for consideration when it was proven how dangerous and destructive Ultra is to the park, the neighborhood, and the people that live there, and you all agreed and voted against it, so I don't even understand what I'm doing here, tell you the truth. So, you know, so this year, it was held in Virginia Key, and then I read about all the people in Coconut Grove hating the noise and the mess and everything that happened there, and it was miles away from anyone's home in Virginia Key. Bayfront Park is -- Ultra at Bayfront Park is feet away from my home and many others' homes; just feet, not miles. You know, it belongs in a big arena, a bigger somewhere. I love that Wynwood guy; that was the great idea, I think, but not in the middle of a dense residential neighborhood. Please help us keep the park safe. I appreciate it. Thank you. Chair Russell: Thank you for your comments. Can we quiet it down just a little bit in the chambers? I hear some talking. It's hard to hear the people speaking. Rebecca Yu: Hi. My name is Rebecca Yu. I'm a resident of 50 Biscayne, in downtown Miami. I am here to talk about Ultra. We're not opposed to Ultra, but its scale and noise level is no longer suitable for the downtown area. With 60, 000 people in one day in attendance, it is the capacity of a large stadium. Do you really think that Bayfront Park can really fit a stadium? With that said, we think a stadium in the Miami area is more suitable for the Ultra Festival. We want to keep Ultra in Miami, but the Mayor also talk about the high quality of life. We have no quality of life while Ultra is here. People came here, talk about music playing by the boats on the river. We have a speaker pointed at us, three days straight. This is our Central Park. Bayfront Park is our Central Park. It will be unheard of to close the entire Central Park in New York for months on end, from January to May. Why do you think that Miami residents should suffer as such? If you vote "yes, " you are saying that -- you agree to moving to 50 Biscayne during the Ultra time. And let me just paint a picture for you what having Ultra is like. Two months before the concert, part of the park start to close down; there are giant machines coming in, like alien invasion; dust everywhere; trucks beeping all day long; nails on the sidewalks and the street; humans and dogs cannot walk on the sidewalks, and we have personally had two flat tires in different years because of Ultra. Also, two weeks before, the entire park is closed; no access to children's playground; not a patch of green grass for the dogs; we have to walk half a mile north or south; and also, the homeless start to move out of the park to the corners of Flagler and the sidewalks on our streets. Chair Russell: Thank you. Your time's expired. Thank you. Good morning. Randy Holingworth: Good morning, Chairman, Vice Chairman, Commissioners. Randy Holingworth, 848 Brickell Key Drive. I want to hand this out to the Commission. The page you're receiving is a picture from my balcony. I'm not only a resident of downtown, which so many people here are saying they're residents of downtown -- Ultra is in my front yard. I am here not to oppose Ultra; I'm here to oppose Ultra being in my front yard. This is an event that -- earlier, someone said, you know, "We're gentrifying downtown, and we're moving to City of Miami Page 43 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ultra. " No, that's not true. I have lived with my family on Brickell Key for 11 years. Ultra came to Bayfront Park after I moved. They were in Centennial Park, facing north, towards the -- at that time, the newspaper. There was very, very few residents. It was really unobtrusive. When they moved to Bayfront Park, they turned their stage in my direction, in the middle of that circle that you see on that drawing. We listened to 31 hours of constant pounding music. It's intolerable. It starts not on Friday; it starts on Thursday night, when they start doing the sound checks. We get those for three or four hours on Thursday night, and then from 12 -- from 4 o'clock to 12 o'clock, from noon to 12 o'clock, and from noon to 11 o'clock. It's intolerable. We close our doors. We try to go to the bathroom, because that's the only room without windows, and it comes through the vents; it's so loud. You cannot stand the noise for three days straight, nonstop. They don't take breaks. The other thing I want to say is -- you're talking about money. I did a quick analysis of our building. There are four units per floor, facing this Ultra event. For 43 floors, the total combined real estate taxes that those 270 -- 170 units pay is $2.7 million a year for one building; one building, 2.7 million. $2 million from Ultra is nothing. Thank you very much. Chair Russell: Thank you. Good morning. Fran Fenton: Good morning, Mr. Chairman and Commissioners. My name is Fran Fenton. I live in One Miami. I'm going to make my speech a little shorter, because I'd also like to speak about RE. S, which I am in favor of. I don't have anything more to say to that, because I thought everyone who was for that made a very good speech already. So my main focus is on RE.4; against Ultra returning to Bayfront Park. I think what has been overlooked is the fact that it has proven to be a health hazard when you listen to loud music for extended periods of time. That doesn't seem to be talked about much. That's not right for the residents in 50 Biscayne or anywhere else in the area. I never minded when Ultra was in the Bicentennial Park, which is now Maurice A. Ferre Park; just as the residents in Brickell, who now claim that none of this bothers them. If you've ever tried to sleep while listening to a nearby barking dog, it isn't helpful that your cousin in another state tells you that he loves dogs. Let's be honest; the real business that benefits from closing our park for 30 days for a three-day concert is Ultra, a mega international music fest. They feel entitled to use Bayfront Park and have no sympathy for locals, who, as they say every year, quote, "Knew what they were getting into when they chose to live downtown, " unquote. Please vote against REA Thank you very much. Chair Russell: Thank you. Good morning. Idania Loureiro: Thank you. Good morning. Thank you for having me here. I was here at the last meeting, and I'm here again to please ask you to vote "no " for the Ultra. I disagree with some of the previous people that spoke; that said that, you know, "When you came to downtown to move" --you know, "to live there, that you should have known what you were getting into. " I've been living in downtown for 15 and a half years, and downtown has grown incredibly. There was noth -- I mean, there was hardly any people walking in the park. There were no families. Now it's a huge community, and it will keep on growing. And, you know, they said about the economical impact that three days have, the Ultra, but let me tell you, the economical impact, we also have in downtown, because I --just like my neighbors that are here today, we spend money in downtown. We eat in downtown. We go to the movies downtown. We try to do everything there. You know, there's no space in that park once they close it, before and after. It's going to be closed for two months. There's no space to walk on the sidewalk; they block them. There's no space for the children to play. The sound is --it doesn't stop for three days. So, you know, I'm not against Ultra, but please, take it somewhere City of Miami Page 44 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 else. There's lots of room in the City to take it somewhere else. And again, I've never worked for Ultra. I know it's a lot of people from different countries that come together, but it's not a good thing for downtown. There's urine everywhere. There's nails everywhere. There's people -- when you wake up in the morning -- when I wake up to walk my dog, there's people still up from that festival, and they're not exactly on beer. It's -- I'm just here to ask you to please, please, don't put this back into downtown. You are going to hurt downtown by bringing it back. Thank you so much. Chair Russell: Thank you for your comments. Good morning. George Polonius: Hi. My name is George Polonius. I'm a resident, also right next to Bayfront Park. I've lived here for seven years. And you have no idea how our whole neighborhood breathed a sigh of relief last year when you unanimously moved the concert from one venue to another, and I find -- I want to congratulate the Ultra Festival for somehow now trying to portray as if If we move it from one area to another ofMiami, that somehow it's no longer in Miami. " I don't even know what neighborhood the Miami Dolphins play in, but the whole world knows them as the Miami Dolphins; same thing for the Marlins. So it's a completely specious argument to make that somehow the City's going to lose millions and millions of dollars unless this thing gets crammed back into downtown. I'm sorry. I'm an airline pilot. I have a very unregulated schedule. When this thing goes -- pounds on and on, how rested do you gentlemen think am at work? And ifI make a mistake, that'll definitely make the news. So I ask you -- We have reasons for zoning. There are industrial zoning, because that's where industrial things happen. There are residential zonings, because that's where residential happens. Bayfront Park, over the years, has been built one high-rise after another; people have moved there. They have children. They have dogs. This neighborhood is no longer compatible with this kind of three-day venue that takes months to set up and months to clean up. Meantime, the only green space we have in downtown is completely blocked off from all the taxpayers who live there; that is unfair. And please show the world that Miami doesn't deserve the reputation that it has for local corruption, and instead, stand up for the citizens of this town. Don't allow this just because a few people put money in certain pots to get certain members re- elected. Chair Russell: Thank you very much. Mr. Polonius: We really need your help. Stand up for the citizens who live at Bayfront Park. Thank you. Chair Russell: Thank you. Good morning. David Norton: Good morning. My name is David Norton. I live in One Miami. We are the -- probably the closest neighbors to Ultra. It comes in; it affects our lives for six weeks. We may not use the park. We're banned from this. We're banned from that. My grandson loves the amenities of the children's park. No, not allowed. Sorry. Mayor Suarez introduced a phrase in his opening remarks: "quality of life. " Are we to understand that quality of life is to be -- doled out as (UNINTELLIGIBLE)? Or are we allowed -- the people who come in from out of town allowed to affect our quality of life? Sorry; I don't see it. I am very much against Ultra. I'm against the noise. I'm against the profanity, the profanity that we have to listen to from some of these alleged DJs. I think it's horrible that our children have to listen to this, my grandchildren. I'm ashamed. I also -- there was a sneering reference earlier to the affluent. I do not count myself as affluent, but always remember, the affluent pay more taxes. Thank you very much for listening to me. I would just ask you to do one thing. Read my chest: "No more Ultra. " City of Miami Page 45 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Hardemon: They think you're affluent because of the sound of your voice. Chair Russell: Thank you. Good morning. Musaddiq Muhammad: Good morning. That was a very good segue. When one thinks they're affluent, that they can dictate to others who enjoy the beauty of Miami, we must remember that Miami is such a world-class city now -- You want my name? Chair Russell: Yes. Mr. Muhammad: Musaddiq Muhammad, co-founder of Overtown Music Festival. So, of course, I'm speaking in favor of Ultra Music Festival, because they have -- not only are they homegrown, but they have -- came on as partners and mentors in growing Overtown Music and Arts Festival, which is probably one of the most undeveloped, unappreciated parts of Miami. So when I'm hearing the people here speak about Ultra and denying it about three days of unrest, just remember; Miami is New York City, that it's busy, that it's pretty as Las Vegas, but we have the ability to be a world-class city. And when I hear the guy say, "We spend $2 million in taxes, but yet, Ultra gives back, " I believe that money in itself. This is something that we need to support our City. It's real simple. Like, I don't understand why three days of unrest or three days of inconvenience will inconvenience anybody, because I don't hear no one jumping up and saying, "We don't want the Super Bowl. " I don't hear them saying, "We don't want Calle Ocho. " I don't hear them say, "We want" -- "We don't" -- "Gloria Estevan and the Music Sound Machine. " I think we just all need to come together and realize what it will take for us to work as partners to make Miami such a world-class city. Thank you. Chair Russell: Thank you. Good morning. Commissioner Carollo: Well, the difference between all these other events or people that were just mentioned and Ultra is three and a half days of decibels between 105 to 110 of "Tun -tun, tun -tun, tun -tun, tun -tun, tun -tun, "just constantly. Now, if that doesn't drive you nuts, I don't know what will, the -- nonstop. You know, maybe there should be some study of what effect it's had on people there already. Chair Russell: Thank you, Commissioner. I'd like to take a moment and just gauge the temperature of the Commission here. We've got what looks like about 20 more people here for public comment, which could be, at the minimum, 40 minutes, up to an hour, probably, at the rate we're going, of additional comment. Commissioners, you want to keep going? Commissioner Carollo: No. I -- look -- Chair Russell: I'd like to keep going. Commissioner Carollo: If we are, then we break at 1. Chair Russell: We break at 1, and then we take our lunch at that time. I think that's the most respect we can offer to those who have waited all morning to speak. And so, we're willing to stick through it since you have. Thank you, gentlemen. I'm sorry. Was I with you? Yes. Neda Ardalan: Yes. City of Miami Page 46 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Good morning. Good afternoon. Ms. Ardalan: Good afternoon. My name is Neda Ardalan, and I live in downtown Miami. Correct my facts, please, Commissioner Hardemon, if it's wrong, but Ultra started in 1999 with 10,000 attendees. Last concert in Bayfront Park had 165,000 attendees. These are young adults -- we've all been there -- out of control. We never talk about the ones that end up in the emergency room, the ones that don't make it out of the emergency room and end up in the morgue, because they do. Now, this concert needs to have some control. It needs to be moved to an arena. This park gets abused for those three days everybody talks about. It's not three days. It's over a month the park is closed. Afterwards, the park is raped. It has to be re -sod [sic]. Nobody can use that park. We use that park. Nobody is asking you to get rid of Ultra. We are just saying, keep it out of Bayfront Park. That is all we're asking you. Find another venue and move it there. And you can save the kids who can't save themselves, because they do die in that environment; you can check the emergency rooms. We have records. Thank you. Chair Russell: Thank you. Good morning. Juan Bernardez: Good afternoon, Chair Russell and Commissioners. My name is Juan Bernardez. I work for the Intercontinental in downtown Miami; been there for about nine years. I've been working there since Ultra Music Festival started in Bayfront Park. I am also a resident of the City, and I do support Ultra being in Bayfront. I've worked during Ultra Festival since it first started in Bayfront. The festival fills our hotels, and also generates business in our restaurants and bars around downtown. Ultra has opened many doors with different cultures, and it brings new business and clientele, so please bring Ultra back to Bayfront Park. Thank you. Chair Russell: Thank you. Good morning. Bill Kelly: Good morning. My name is Bill Kelly. I live at Edgewater. Chair Russell: DJBill Kelly. Mr. Kelly: That's correct. Correct, sir. I'm here to speak on behalf of -- in favor of the Ultra Music Festival. First of all, somebody said earlier today that Bayfront Park is Miami's Central Park, and you can't allow disgruntled residents with outdated values to allow the culture of the landscape of the City of Miami. Bayfront Park contains the permanent amphitheater that is literally a concert venue and an urban park with seating for 10,000 people. The park's official and legal purpose is to maximize public use and enjoyment. Ultra is one of Miami's largest economic drivers. It's also the epicenter of Miami's event economy. Ultra is Miami -based brand, worldwide headquarters here in Miami, and it showcases around the world 36 events, and 30 million live stream viewers, 40 million listeners on UMF Radio. And since 2012, Ultra has generated over a billion dollars in economic impact for the greater Miami area. Ultra's generated 168 million in economic development in 2018 and employed over 1,834 people. Each year Ultra invites patrons from more than 100 countries to this City. Ultra Music Festival is, quintessentially, a Miami brand and a cultural icon. Ultra made a concession and an agreement in the form of reduced hours on Sunday and reduced sound levels for each stage. The City of Miami cannot continue to frustrate the economic development and disincentivize [sic] the Miami business from investing. Ultra is a direct economic driver for the hotel- and tourist -based industries. It's an economic driver for Miami. Not only have they contributed over a hundred -- a billion dollars in economic impact since 2012; they've also owned and operated the Miami Music Week brand, the Winter Music Conference brand. So if Miami City of Miami Page 47 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 fails to provide a permanent home for Ultra, it'll be a huge annual economic loss to the City of over $170 million. I ask the City of Miami to allow the economic impact of this great event to take place each year. Thank you. Chair Russell: Thank you for your comments. Good morning. Jozenia Cruz: Good afternoon, Chairman and Commissioners. My name is Jozenia Cruz, and I work at the Intercontinental in Miami in downtown. Today I'm speaking about the subject of keeping Ultra in Bayfront Park and in Miami. My position of the hotel is Human Resource Manager; and as so, I'm also a resident and a voter in the City of Miami, and in full support of Ultra Music Festival. As an HR (Human Resource) Manager, I see the direct impact that the Ultra Music Festival has on our hotel as it generates business in rooms, restaurants, and bars. And I see the impact that our colleagues in regards of their livelihood. I'm also -- I'm sorry -- the business exposure, the culture, the sense of job security that the festival has been providing to the City of Miami for over 20 years has been embedded in our culture, our expectations, in our growth as a community. Please bring Ultra back to Bayfront Park. Thank you. Chair Russell: Thank you. Maria Martinez: Hello. My name is Maria Martinez. I'm President of 50 Biscayne Condominium Association. I live in 50 Biscayne Boulevard. Honorable Mayor, Commissioners, City Manager, my husband and I -- First, I want to speak -- sorry -- about the Flagler beautification; very quickly. My husband and I lived in Miami since -- have lived in Miami since 1975. Flagler is desolate and abandoned. We all know that. We travel -- my husband and I travel all over the State of Florida, and every city, small and large, has revamped or is revamping its historic downtown, be it two blocks or 20. Its time for Miami to have a historic downtown. Once finished, it will be unlike any other in Florida. Truly spectacular. We have things that other cities do not. Magic -- please say `yes. " And vote `yes" for Magic City to have a magic, historic downtown. Thank you. I now want to speak about Ultra in Bayfront Park. Chair Russell: She has another minute. Ms. Martinez: As you go from Flagler, you end up in Bayfront Park. So as I come from Flagler, I am going to end up in Bayfront Park. All major US cities pride themselves in their special and famous park for its people, the community, and its visitors. New York City has Central Park, Chicago has Lincoln Park, Boston has Boston Commons. Famous other parks include Philadelphia, Portland, New Orleans, Seattle, San Francisco, LA (Los Angeles), Detroit, St. Louis, Tulsa, Sioux Falls; just to name a few. What about the City of Miami? A special park for its people? How ridiculous to imagine such a thing. How dare we, its residents, ask, plead, beg to have what every major city has? A world-class city has world-class parks for its people, sir, for its residents. Even the Miami Herald said "no" to Ultra in Bayfront Park. We're not saying "no" to Ultra, but in Bayfront Park. They even went onto to state -- and I quote -- "City of Miami Administrators are skirting their own rules and regulations to clear a way for festival organizers, betraying Miami residents. " Revelations come via public records, emails and texts. Chair Russell: Thank you, ma'am. Ms. Cruz: City -- I'm -- I have a few minutes, because I was talking about two different topics. City of Miami Page 48 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: You surpassed the two minutes, unless somebody's -- Ms. Martinez: Yes, but -- Chair Russell: -- donating their time to you. Ms. Martinez: I understand, but I spoke about two different things. Chair Russell: Right. We don't get two minutes per item; it's two minutes per person. I apologize. Ms. Martinez: Okay. Can I just wrap it up at the (UNINTELLIGIBLE)? Chair Russell: Wrap it up. Thank you. Ms. Martinez: Okay. And the final quote is, "They should reverse." (UNINTELLIGIBLE). Parks belong to its people. Please give it back to its residents. Nestor Torres said, "Use your power to serve the people, the community. " Please, help us; give us back a park -- Chair Russell: Thank you. Ms. Martinez: -- like New York City and other cities have given back their parks (UNINTELLIGIBLE). Chair Russell: Thank you very much. Ms. Martinez: Thank you very much. JR Fry: Good morn -- good afternoon. I'm JR Fry. I live at 640 Northeast 55th Street. It's my first time to be at a Commission meeting. I took time off to come from work, because I feel so passionately about supporting Ultra at Bayfront Park. I've worked in downtown for the last 22 years, and I always look forward every year to meeting new people from all over the world and talking to them about something that we share in common: a love for music, and sharing this beautiful city, where I came 25 years ago on vacation; decided I would move here and live here. And I've also produced special events for the last 25 years as my job, and I produce them all over the United States and around the world, and I can say, you know, these organizers do an amazing job -- a very complicated logistics -- in pulling off a very, very special, special event. I love going to it. I love attending the event myself. I've really been wowed by the VIP (Very Important Person) experience that they offer there. And I really feel like Ultra adds so much to the cultural fabric of Miami; bringing people in from all over the world, as I say, who are fellow music lovers like I am; attracting talent from all over the world to come in and perform here. So I hope you'll vote in support of Ultra. Chair Russell: Thank you. Hello. Emilio Calleja: Good afternoon. My name is Emilio Calleja, 401 Biscayne Boulevard, Bayside, here again to let you know that Ultra, while it is a brand, a world-class event, does not help our business. Contrary to what you believe and what I always thought, Bayside suffers from the closure of the park, fencing off of Bayside for six days; for six days our Bayside is fenced off, the setup, the takedown. I know I'm here just by myself. I've got letters from Latin American Cafeteria, Lombardi's, my neighbors. They're not going to come down here and talk to you, so I'm sort of like the designated one for my neighbors, to say, it does not help our business. Everybody says it helps. I wish it did. Trust me, if I had, I City of Miami Page 49 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 would not be here arguing for this. It's detrimental. And we're looking at 34 days of closure for the Super Bowl Fan Fest, back to back with Ultra. That means our park will be unaccessible [sic]. I take pride in telling my customers, `After lunch or dinner, take a walk down Bayside; see the park. Can't do it for the next four months. " Let's look at our alternative. I think something has been presented here that could be possible, could be feasible. Just consider it, please. Thank you. Chair Russell: Thank you. Good afternoon. Ramon Saul Sanchez: Thank you. Any name is Ramon Saul Sanchez. I am here to express my gratitude to the Mayor and to the Commissioners and City Manager and the Attorneys, and the community at large for a resolution that will be considered for -- in support of my residency that has been denied, and as an activist for human rights for the freedom of Cuba, I could be returned to Cuba. I see all these proceedings, and I am so proud to see it, even when there are controversies, because in my homeland, a citizen cannot do this freely. I have lived 52 years here. I'm very proud of the City of Miami and of this country. If I ever have to leave here, I will leave with a lot of love for this country. I might not ever get my residency or citizenship papers, but in my heart, I will always be a resident, I will always be a citizen, I will always be grateful. So thank you very much for this gesture that I think will help convey to the authorities in immigration that my community -- this community, I am not a burden to it, but on the contrary, I have the support. God bless you. Thank you. Chair Russell: Thank you for your comments. Good morning. Good afternoon. Pedro Martinez: Mayor, Commissioners. I am Reverend Pedro Martinez, a resident of downtown Miami. I live in 50 Biscayne. For the following reasons, I urge you to say "no " to Ultra on Bayfront Park: 60 days of noise, 24 hours, day and night, during the setup, the concert, the takedown, and restoration of the park. 60 days Bayfront Park is totally closed or limited to the residents and tourists; the young, elderly, families, youth, people with special needs, and pet owners, are not allowed to use Bayfront Park. 60 days that Bayfront Park is abandoned and destroyed. This is an environmental disaster. High decibels of music that are damaging to people, pets, and property. Downtown condominium owners pay millions of dollars in taxes, and deserve to be represented by our leaders. Bayfront Park is not a massive event venue. It is a park to be enjoyed by the community. January 2020 is Bayfront Park Super Bowl live. February 2020 is Bayfront Park -- in Bayfront Park is Water Palooza. Imagine, March and April 2020, Ultra; and May 2020, restoration of the park. Bayfront Park will not be available for residents and tourists until June 2020. Political donations are not the reason you are elected to serve the residents of the City of Miami. City official, it is unethical to change the rules of Bayfront Park in order to allow Ultra to return to Bayfront Park. Ultra can find another venue within the City, and keep -- the economic impact will be retained. Ultra can continue at Key Biscayne Marine Stadium or Wynwood site. I encourage you to vote "no" to Ultra Music Festival at Bayfront Park, and stop prostituting our park. Thank you. Chair Russell: Thank you very much. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Hardemon: Just a quick -- I never heard a priest say, "prostitute, " but it's a first. City of Miami Page 50 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Martinez: Never heard it? Commissioner Hardemon: Not a priest, no. Popping the "Ps, " as we would like to say. Later... Chair Russell: Back to public comment. Mr. Bibeau. Brett Bibeau: Good afternoon. Brett Bibeau, Managing Director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. Mr. Chairman, thankfully, your agenda has four agenda items pertaining to the Miami River. I think I can get it all in in two minutes. Two of the four items are PZ (Planning & Zoning) items; I can't come back in the afternoon, if that's okay? Chair Russell: It is. Mr. Bibeau: Thank you, sir. For starters, on DI.4 and PA.]: On November 6, 2017, the Miami River Commission passed a unanimous advisory recommendation to increase resources for the Florida Fish and Wildlife and the City of Miami Marine Patrol for increased enforcement of public safety and security laws along the Miami River, considering the increase in vessel traffic on the river with new riverfront restaurants, et cetera. Since then, the Miami River Commission has taken numerous specific actions to advocate in favor of this critical advisory recommendation regarding public safety. Although the full Miami River Commission hasn't reviewed the City Administration's specific proposed amendments to the City Code regarding the legal removal of derelict vessels, the Administration is trying to improve the law and expedite the process. On PZ. 11, during the River Commission's March 4, 2013 public meeting, Vicky Leiva and Andrew Hellinger presented the subject, `River Landing Mixed Use Project, " including the subject area previously owned by Miami -Dade County, which is to feature a 50 -foot -wide public riverwalk, two side yards, middle corridor, all publicly accessible 24 hours per day, 7 days per week, with no waivers, exceptions, or reductions of the public riverwalk provisions required under the City of Miami Zoning Code, Section 3.11 and Appendix "B. " Therefore, the River Commission recommends approval. Finally, PZ. 14, during the River Commission's June 3, 2019 public meeting, the City of Miami presented their subject application to amend the land use at several properties along the south shore of the Miami River from T3 -R to T3-0. The Miami River Commission unanimously recommended approval, subject to the condition that all included parcels submit the signed voluntary covenant for the future public riverwalk, and any parcels which do not submit the signed covenant to the City Commission before second reading be removed from the application. Thank you, and have a nice day. Chair Russell: Thank you very much. Hello. Sarah Arroyo: Good morning, Chairman. Good morning, Commissioners. My name is Sarah Arroyo. This is my third time here, so by this time, you are clear on the many reasons why I ask you to vote "no " on Ultra. I won't repeat them today. Today, I am here to invite each and every one of you, including the hotel people with financial interests that are about to speak, to sit down in my apartment, not for a full weekend; just for one hour. Then and only then, you and everyone who's here will -- that say we need a bigger perspective -- will understand what we go through. This has nothing to do with loving music. I have been to Coachella, Lollapalooza, and have partied at Space for hours. I love music, but I have -- what I have to live through is not music. It's a nerve-racking noise that becomes City of Miami Page 51 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chinese torture after hours. I heard someone saying the neighbors can sleep well after 11 p.m. No, we cannot; not after a "boom, boom, boom" that has even my dinner plates shaking. I heard someone say we're affluent. I'm not wealthy; I wish. I'm someone who works very hard in a middle-class corporate job. Believe me, I would love having a beautiful house in Coral Gables or Coconut Grove, but actually, downtown is one of the very few nice places I can actually afford today, close to the City, without having to move to Pembroke Pines or Weston. After you spend time in our apartments during Ultra, I will then invite you and those that say, "Ultra cleans up fast, " to walk the park two months after Ultra ends. Then they come -- can come back with false claims. It takes months. We, the downtown neighbors, are not here because we have been paid or we -- because we have financial interest related to Ultra. We're here because we have rights, and we have the passion to fight for them. After you see what we go through with your own eyes, with your own bodies, then the decision of voting against Ultra in Bayfront Park will be crystal clear. I don't want Ultra to leave Miami, but Bayfront Park is no longer an appropriate place. Thank you. Chair Russell: Thank you. Good morning. Christina Crespi: Good afternoon, Commissioners. I'm Christina Crespi. I'm the Deputy Director with the Miami Downtown Development Authority. I'm here to ask for your support for RE. 5, the Flagler Revitalization Project. This is a very critical project for downtown, and we have been invested in this for several years. This revitalization project will help generate millions of dollars in economic development for our urban core. Our board has committed over $2.7 million over the course of seven years to transform that street, and as part of this project, we're committing a million dollars. We thank you very much, the City of Miami Administration, for being able to find the $10 million, as well as the County for matching that, and we appreciate your support on this project. In addition to that, I'm also here to speak on RE. 10, which is the expansion of our boundaries into the underlying park in Brickell. This is a very important added public space for our residents. Our board considered this several months back, and we commissioned a study, as required by State statute, which showed that this was important for our district, and indeed, it was part of our 2025 master plan. You all do not have it in your agenda, but we will be handing that out shortly, the study, along with all the exhibits that went with that item. In addition to that, we're also here for BC.1 that's added three new board members to our board. And in addition to that, we'll be speaking later on the millage, which is RE.2. So we would appreciate your support. Thank you. Chair Russell: Thank you very much. Good afternoon. Alba Herzberg: Good afternoon. My name is Alba Herzberg, and I'm a resident of downtown Miami. Chair Russell: Pull the mike a little closer, please. Ms. Hersberg: I'm sorry? Chair Russell: We can't hear you. Just -- Ms. Herzberg: Oh. Chair Russell: There you go. Ms. Herzberg: Now? City of Miami Page 52 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Your name again. Ms. Hersberg: My name is Alba Herzberg, and I'm a resident of downtown Miami. Chair Russell: Thank you. Ms. Hersberg: I'm going to try to keep it short, so I'm actually going to read. I'd like to start with the words that Nestor Torres said this morning: (UNINTELLIGIBLE) "like an elected official is to serve the people. " I'm really surprised to stand in front of you today when the elected officials had already made the right choice towards Ultra. It's interesting to hear that all the pro -Ultra supporters have a little bit of a hand in the pie. They mentioned three days. It's not three days for the City of Miami residents; it's three months. I'm also surprised to hear that it's an inclusive festival. It's not an inclusive festival. Actually, it's a very expensive, privileged festival. You're putting three-day event for businesses ahead of three months for your tax paying voters. I will make it short. You are my elected officials. You are my voice. You are the voice of the elec -- of the people, and I hope that you listen to our voices and vote with us. Wynwood has extended an invitation to Ultra. You should all look into Wynwood's invitation. Thank you. Chair Russell: Thank you. Good afternoon. Sofia Iglesias: Good afternoon. My name is Sofia Iglesias. I'm 20 years old. I'm born and raised in Miami. I stand here today in support of Ultra Music Festival residing in Bayfront Park. I was privileged enough to be brought on as an intern - - because we do have those -- working for the sustainability team, and I had the privilege to work under the senior manager of sustainability, Vivian Belzaguy. I can honestly say, I've never seen someone work so passionately and diligently while crafting and implementing an environmentally conscious sustainability plan; Mission Home Action, unprecedented shifts and internal operations, while engaging vendors, crew, employees, and attendees, and working together to reduce environmental impact. I have attended Ultra for two years, prior to me working last year, and I can a hundred percent say, I've never in my life seen Ultra as clean as it was this past year. I've never seen anything like it, and I've been to my fair share of music festivals, and ultimately, again, I've never seen anything like that. I'm sure I can speak for most Generation "Z" attendees that -- when I say that Ultra is a truly life -altering experience, and I hope that you guys can be a part of the reason why this purely beneficial experience can continue to thrive in its birthplace, in the heart of this beautiful place we call home. If you look around, you'll notice that those opposed to Ultra being at Bayfront are wearing shirts that say, "Save Bayfront"; however, Ultra only beautifies Bayfront Park, while fully restoring Bayfront after production. Thank you for your time. I appreciate it. Chair Russell: Thank you. Hello. Arlene Ramsingh: Hi. Good afternoon, Commissioners. My name is Arlene Ramsingh. I'm a downtown resident. And I must say, I'm new to Miami, and I was delighted when this Commission last year voted unanimously to remove Ultra from Bayfront Park, so Tin really disappointed to see that we're here once again, and that I'm standing here once again asking the Commissioners to please vote "no" to Ultra in Bayfront Park. After listening to hours of discussion on why Ultra should be in Miami, that's great. Ultra should be in Miami. It's a great venue. It's a great concert. It works for the City. But the issue here is that Ultra has outgrown Bayfront Park, and it's time for Ultra to find another home in Miami. City of Miami Page 53 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 And I absolutely love the suggestion from the gentleman from Wynwood. I think we should be exploring options like that. Ultra didn't like Virginia Key, but maybe they'll like someplace else. It's too much to have Ultra at Bayfront Park. So I urge you to once again support the residents and vote "no" to Ultra returning to Bayfront Park. Thank you. Chair Russell: Thank you. Good afternoon. Steve Cakov: Good afternoon. Steve Cakov, resident of Brickell Key. I'd like to start my remarks first by making two rebuttals to what we heard at the last Commission meeting. We heard from the senior executive at the Intercontinental that they had suffered a 25 percent or 30 percent increase [sic] in their room bookings. I checked the UMF (Ultra Music Festival) website last night, and based on their site, they were sold outlast year. Chair Russell: What website? Mr. Cakov: Ultra Music Festival. Chair Russell: Oh, their website. Mr. Cakov: Yeah. They were sold out. I did not hear news reports of attendees being displaced and sleeping on the beaches on Key Biscayne or under bridges. They stayed somewhere. So whatever capacity was not absorbed at the Intercontinental surely was absorbed by other hotels in the area. So I think it was, you know, not presented, in my view, as a very balanced situation of what's happening with the hotel industry, per se. Also, there was another comment from another individual, and I take some affront to this, because -- I quote -- the comment was, "You made the decision to buy there, and you live with it. " Well, when I bought my property about 11, 12 years ago, Ultra was not at Bayfront, and it was certainly a smaller event when it was, you know, at its previous location. On a personal note, my wife and I have independent businesses downtown, and we need to close our businesses. My wife has clients that need to come to her, and they refuse to come because of the traffic situation, the noise, the parking, all of that. So in closing, I would ask -- I hope that you will have the wisdom and the courage to make the same decision that you did last year. Again, I'm not against Ultra, but I think it's in the wrong place. Chair Russell: Thank you very much. Hello. Joy Prevor: Joy Prevor, 50 Biscayne. So do you know what one of our favorite things to do is? It's to sit on our balcony and listen to the concerts that are taking place in Bayfront Park at the amphitheater for the New Year's Eve production. Of course, I have to use binoculars, because my eyesight is not so good, so, you know, I use the binoculars. I listen to the music. I feel like I'm at the concert. I'm so happy to be living in the center of Miami, experiencing all that Miami has to offer, because, yes, that's why I moved to downtown Miami. I wanted to be in the center of everything. And I have no problem with there being concerts in the amphitheater, New Year's Eve celebrations, Fourth ofJuly, marathons. I welcome all of those things, because all of those things are appropriate for the space; Ultra is not. Not only have you heard that the level of sound is dangerous to the people who are living there; you've also heard about how the park is closed. And this coming year's activities, it will be closed for basically the whole season when we'd like to enjoy the park, right? But I'm here to tell you, more importantly, that I just think that Ultra is really a symbol, and you have a decision to make that is much larger than just Ultra; that is, do you want to have a residential downtown community? You spent all this money, all this infrastructure invested. Well, let me City of Miami Page 54 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 tell you that not only do you need to ensure that Flagler gets beautiful -- (UNINTELLIGIBLE) I'd like to express my support for that project, because it's critical to any future in downtown Miami. But I think you need to accept that if you are not willing to make downtown Miami residents feel like we are welcomed and a priority, all those buildings are going to sit empty, Flagler will have no day- to-day business, and you will have an even bigger problem on your hands. Chair Russell: Thank you. Ms. Prevor: So I urge you to reconsider. Chair Russell: Thank you. Good afternoon. Spencer Pylant: Good afternoon, Mr. Chair and Commissioners. My name is Spencer Pylant, 1601 Biscayne Boulevard, Miami, Florida. I'm the Vice President of Government Affairs through the Greater Miami Chamber of Commerce, rising support for Ultra Music Festival. Ultra is a boon to our businesses here locally and sustains jobs, and creates jobs. It's great for our hotels, our businesses, and our tourism industry. We ask your favorable support today, and thank you for your time and consideration. Chair Russell: Thank you. Raul Gerraro: Hello. Raul Gerraro. I'm a downtown resident. Good morning -- or good afternoon. As a editor of Downtown News, a community newspaper, I have the opportunity to speak to many, many residents in downtown, and I think I can say that most residents are opposed to the assault that Ultra represents on our quality of life. So I urge you all to please consider our quality of life. And secondly, I'm here to support the beautification of Flagler Street. Thank you kindly. Chair Russell: Thank you. Wendy Kallergis: Good afternoon. My name is Wendy Kallergis. I'm the President and CEO (Chief Executive Officer) of the Greater Miami and the Beaches Hotel Association. Robert Hill: I'm Robert Hill. I'm the Chair -elected of the Hotel Association and General Manager at the Intercontinental Hotel. Ms. Kallergis: And also, Bill Talbert apologizes; he had to leave, but he's speaking on our -- on his behalf, as well, to support Ultra. I wanted to also thank Commissioner Hardemon again for sponsoring it. And I -- really, I'm here to talk about the thousands of employees that work in our hotels that are residents of the City of Miami. It's a significant number, and we really hope that you'll support it. Ultra has been an amazing partner; very professional to work with. They've made a significant amount of concessions, as I'm sure you'll talk about later. But we hope that you'll join us in support of Ultra. Mr. Hill: I'm -- just had to go on the record that in previous years when Ultra was in Bayfront Park, the Intercontinental Hotel was sold out from Thursday through Sunday. This past year, to be on the record, two of those nights were 75 percent occupancy; other nights were in the low to mid 60 percent occupancy, on the record. You know, Ultra brings a diverse crowd to Miami from all around the world, and they promote, and it streams out to the world. So it's not just that one weekend that it's promoting the City of Miami. It's promoting the City of Miami throughout the year. And in regards to working with Ultra over the last eight City of Miami Page 55 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 years that I've worked with them, and with Ray Martinez that heads up the logistics, I found him really good to work with. They've made great strides and great improvements. I know working together that we can make this work. Thank you, and I appreciate your support. Chair Russell: Thank you. Hello. Amal Kabbani: Hello, Chair. Hello, Commissioners. My name is Amal (UNINTELLIGIBLE) Kabbani, a resident of 50 Biscayne, President of the Downtown Neighbors Alliance, Vice President of 50 Biscayne, and that's just simply to say that I represent many, and many that pay taxes and vote. Thank you for the law and order on the river. I've got a lot of constituents that are being impacted by noise that is being generated by these vessels. So whatever you need to do, if you need me to come back again for the budget hearing, if you need money, just don't borrow from Peter to give to Paul. This whole reallocation of resources, it's going to fail somewhere else. So tell me what you need, and I'll be there to support it. Chair Russell: So you're saying raise taxes? Ms. Kabbani: Let's talk about finding -- Chair Russell: Okay. Just Checking -- Ms. Kabbani: -- the resources -- Chair Russell: -- because it's got to come from somewhere. Ms. Kabbani: -- not allocating. Okay. Chair Russell: You either shift the budget or you make more budget. Ms. Kabbani: Flagler beautification. I love to sit down and hear when Commissioner Reyes speaks about his childhood, walking up and down Flagler Street. A global city is always recognized by a main street, if you will. When you reference, you know, these areas, you have an identity. And unfortunately, today, when we've got people coming from out of town, you say, "Oh, go to the mall XYZ or to Bal Harbour. " I mean, only Miami Beach, for instance, has Ocean Drive. We really don't have an identity. So thank you for voting `yes" for the beautification of Flagler Street. On the Ultra topic, nothing that I can say that the residents haven't said yet. I do not doubt that Ultra is a great festival. I do not doubt that they have social responsibility, and they do abide by the rules that are put in place. I do have an issue with the noise. The noise is detrimental to the residents. So thank you for voting "no" to Ultra. Chair Russell: Thank you. Good afternoon. Jhane Young: Good afternoon. Jhane Young, One Miami. I'm here in support of Ultra returning to Bayfront. I was here last month to speak with you all, and I just want to reiterate what I said and refresh your memories. So for some background information, I am from Chicago, Illinois; come from a middle-class family, but my sophomore year of undergrad, my parents divorced, and my mom and I moved down here to Miami. Throughout the time that we've been living in downtown Miami, we have not had any issues with the noise, construction, or events; just like we didn't have an issue with it in Chicago. It's what comes with living in a big city. So after my parents divorced, I ended up working as a full-time student and working my way through college, and I was also sending money back home, City of Miami Page 56 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 paying my mom's bills, paying my own bills, but this past semester, my senior year, I wasn't able to do that, because of my course load. I was taking 18 credits, in addition to incompletes, and other things that I had to take care of. Unfortunately, when the time came around, I didn't have the money to buy my cap and gown, nor did I have the money for extra tickets for my family to come and see me graduate. But I was able to attend the job fair that Ultra had and get a job through them, and work that weekend. And because of them, I didn't have to make that choice of bills or cap and gown. And I just wanted to reiterate to you all why this issue is so personal to me and why I'm so invested in it, and same thing goes for many other residents here. I understand the concerns of my fellow neighbors, but I would also like you all to consider the positive economic impact that Ultra has on other residents. I ask you to consider your other residents that you are hereto serve as well. I ask you to vote today and vote `yes" for Ultra returning to Bayfront. Thank you. Chair Russell: Thank you. Thanks for your comments. Well done. Mona Hachache: Good afternoon. My name is Mona Hachache, 50 Biscayne. I pass my two minutes to Mr. Benosh Itai. Mr. Hannon: I'm sorry, and the speaker's name again? Chair Russell: What's your name? Ms. Hachache: Mona Hachache, 50 Biscayne. Chair Russell: Thank you. Ms. Hachache: Thank you. Chair Russell: Thanks for coming. Itai Benosh: Good morning, Chairman. Itai Benosh. I yield my time to Mr. Barry Duceman. Chair Russell: Wait. She gave her time to you, and you're giving both your and her time to him? Okay. Mr. Benosh: That's correct. Chair Russell: Understood. Mr. Benosh: And I'd like to yield my aggregate time to Sam Dubbin. Chair Russell: Okay. That's Barry Duceman. Eight minutes then; two, four, six, eight. Mr. Hannon: I'm sorry, Chair. How many minutes now? Chair Russell: Eight minutes. Samuel Dubbin: Eight minutes. Chair Russell: Can we --there's a couple of other speakers left before you get into yours. I think --is there anyone else here for public comment? Two others. Sam, would it be all right if they went first? Thank you very much. City of Miami Page 57 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Steven Leidner: Steve Leidner, SSS Northeast 34th Street. Just ask that you raise the temperature in this auditorium and be -- and save some carbon emissions, and I'll yield the rest of my time to Esther. Chair Russell: Okay. So -- and you'd like Sam to go first; is that right? All right. Go ahead, Sam. Commissioner Carollo: How many minutes does Sam have? Chair Russell: Sam has eight, and a big binder. Commissioner Carollo: More than eight minutes there in that binder. Mr. Dubbin: Thank you. Mr. Chairman, members of the Commission, my name is Sam Dubbin. I represent the Downtown Neighbors Alliance, and other downtown residents and condominium associations named in my prior correspondence, which I resubmitted for the record today. All the facts and arguments that we advanced in those letters are -- remain the position of my clients. We had been speaking with Ultra, with the assistance of many on this dais, to try to reach common ground. Some differences are narrowing, but not all, and to be sure, not one of the most important issues, noise. Ultra would have the Commission believe that it made a significant concession on the noise limit by reducing the previous 110 maximum down to 104 decibels. That was the -- 110 was in the prior agreement; the new one has 104. However, this so-called concession is meaningless, meaningless. The Bayfront Park Management Trust conducted actual sound measurements during the 2018 Ultra, which I'm also submitting into the record, and they're being distributed to you as well. Seven stages every hour. Those measurements show that of the 216 readings at the time, only four actually exceeded 104 decibels. So even operating at 104 and below in 2018, Ultra caused the catastrophic health and property damaging level of noise that was measured by our sound engineer at the 50 Biscayne building, and it -- he measured that it would cause hearing loss within a short period of time, as well as other health hazards, as well as property damage. That's the Brooks Acoustics Corporation Study, and it's also previously in the record, and we're resubmitting that for the record. And Dr. Ariel Grobman, a Board-certified ear, nose and throat physician, was here on June 26. He confirmed the risks to hearing over a short period of time at the noise levels measured by Mr. Brooks, and he has submitted a letter to the Commission, because he can't be here today, confirming his observations as an ENT, of the health risks of the level of noise that Ultra produced at 104 and below. Now, the Brooks Report documented the overall decibel level inside the living room of an apartment on the 28th floor of 50 Biscayne. The measurements were 64 decibels at the dBA (A -weighted decibels), the general level, and at the low level of frequency, meaning the base level, 91 decibels. Now, those noise levels far exceed the standards for commercial music adopted by other major cities, including New York City, and we've researched this, and I've put into record the New York City noise Code. Now, here is how damaging the level of noise in 2018 Ultra was; at the same level Ultra's proposing again. The New York City noise Code for commercial music measures sound from the point of impact, and I quote, "inside any receiving property dwelling unit. " And at page 17 of that Code, the limit for overall music intrusion is 42 dBA, and a limit for base is 45 dBA. So that's 64 Ultra in 2018 versus 42 New York City for high frequency, and 91 Ultra in 2018 versus 45 for the base when compared to the limits in Manhattan. Now, those ratios seem bad enough, but it's much, much worse, because decibel measurements are logarithmic, so the so-called reduction to 104 that Ultra is proposing would result in dBA sound levels that are 10 times what New York City allows for commercial music intrusion and 300 times the base sound allowed by New York City. Now that's not Pinecrest and that's not Boca. That's New York City of Miami Page 58 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 City. And even this morning, when we were meeting with Ultra at the Mayor's request, trying to discuss how they could get to a lower level, Ultra's sound expert acknowledged that a reduction to 102 would still result in an 85 dBA measurement, which is the threshold for adverse health impacts, and it, undeniably, is extremely, you know, outrageously loud and uncomfortable. That's for eight to 12 hours for three days, not including the additional three days of the sound checks. So we trust that the members of this Commission would not, knowing the harm that Ultra's return at these levels would cause, to vote to inflict this kind of damage on City residents. And again, keep in mind that it's not just three days, as some of Ultra's supporters have said, but the havoc begins several days before the actual festival, with the noisy trucks and construction, and the sound checks at the same decibel level that would be allowed, 104; not to mention the disruption, you know, when the festival ends. I have a statement here from Norman Braman, which he asked me to read. "Even with the concessions that Ultra has proposed, Ultra does not belong in downtown Miami. Residents have paid substantial dollars and do not deserve the effects of Ultra. Businesses, such as my own, Norman Braman's automobile business, are negatively affected since so many will not venture anywhere near the area. Ultra is detrimental to the quality of life of the residents and the businesses of the entire area, and the residents and the businesses are the taxpayers. " And Mr. Braman also reminded me that the I-395 construction is about to begin, which is going to cause, also, unbelievable disruption, havoc, and logjams, you know, throughout the downtown area, which the residents and businesses are also going to have to endure during this period for several years. As my clients have consistently argued, Ultra is a legal nuisance that the courts would enjoin, and in addition, under the City Charter and the Homestead Miami Speedway case, the proposed agreement would be illegal, unless the City issued an RFP (Request for Proposals), obtained fair market value appraisals, and required Ultra to pay fair market rent. We reiterate all those arguments. But today there is another legal problem, a serious legal problem, because of the City Administration's position that Ultra can be approved with only three out of five votes. This change is directly contrary to the City's precedent that when it grants a private party an exclusive interest in public land that's not subject to an existing fee schedule that there are only two possibilities: Either the Charter governs and you go through the RFP process, or the Commission would have to waive competitive bidding by a four/fifths majority vote under Section 18-85. Now, as my letter of July 16 documents, and the last two times Ultra has been before this Commission, it was required by the City Administration that it be approved by a four/fifths vote in order to waive the competitive bidding provisions of the Code, and, of course, circumventing the Charter altogether. The reason the City required a four/fifths vote was explained in an earlier email by Assistant City Attorney Rafael Suarez -Rivas, which I've also put in my July 16 letter, and it's flagged for you. It's been distributed to you. But I'm going to quote Mr. Suarez -Rivas. `Any time a user/proposer is offering less or more than the charges prescribed by law, there is arguably a procurement issue. And if the divergence results in 25, 000 or more, up or down, there needs to be a four/fifths bid waiver. If it is something that was not built in or intended for that use, and there is no Code provision or regulation prescribing charges for that use, then you need a four/fifths bid waiver, unless it is preempted by the Charter, and then there's no waiver; you must procure under the Charter requirements. " That's Exhibit 3 of my July 16 letter, which you all have. Exhibit 4 of my July 16 letter contains a text exchange from a few weeks ago between the City Attorney, Ms. Mendez, and another member of her staff, stating the same reasons that the upcoming Ultra agreement would need a four/fifths vote. Ms. Mendez said, "We agree that Bayfront can approve the use agreement for one year for Ultra?" Colleague: "Yes. One time, one year; no problem. " Ms. Mendez: "Does it have to be four/fifths, since it's a venue, I guess to be consistent? Yes. Let's look at this on Monday. What I -- what have I said on the record? Tuesday: Maybe "no, " City of Miami Page 59 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 since it's a venue?" Her colleague: "Fourffths, yes, because the big dollars, and because the time is not just a four-day event, but load in and load out. Yes. " So the provision of that exclusive occupancy, and the time they're going to be occupying that land, for public land that's not subject to a fee schedule, requires a four-fifths vote. Now, I understand that the City Attorney will not give this body a written opinion justifying a change from four/fifths to three/fifths, but I suggest that that's a serious problem. Publicly, she has cited a decision by Judge Ruiz in the Virginia Key case, but that's a specious explanation. The Virginia Key case had nothing to do, nothing to do with whether a four/fifths or three/fifths vote was required. Chair Russell: Mr. Dubbin, the time's up. Mr. Dubbin: Okay. I just --can I- if I can just point to one other point in that judge's decision. He made a point of saying in the Virginia Key case that there is no exclusivity in that agreement, and there was no exclusivity in that agreement. He said, quote, `Really, if you break it down, the reality is that this is not exclusive, in that other beach -goers are able to use the property during the time that this festival is ongoing. " That agreement did not have the provision that this agreement has, which is exclusivity for sure for at least 11 days, and I'm quoting. In no event will the entire property be closed to the public for more than 11 days. " Chair Russell: Thank you. We'll address the specifics of it at the item. Thank you very much. Mr. Dubbin: Okay. And I'll be available to answer more detailed questions about that at the time, obviously, because it's an important issue. Chair Russell: Thank you. Mr. Dubbin: Thank you. Chair Russell: Vice Chairman's getting hungry; we got to keep going. I'm kidding. Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: I'm kidding. Miguel De Grandy: Good afternoon, Mr. Chairman and Commissioners. For the record, my name is Miguel De Grandy. I'm here in support of RE4. I will not take any of your time now. I just wanted to have the opportunity to present approximately 600 additional letters in support of the Ultra Music Festival at Bayfront. Commissioner Carollo: (UNINTELLIGIBLE) them? Mr. De Grandy: Yes, sir. Commissioner Carollo: Okay. Are you a registered -- Mr. De Grandy: Yes, sir. Commissioner Carollo: -- lobbyist? Okay. Just making sure of that. Mr. De Grandy: Yes, sir. City of Miami Page 60 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you very much. You don't need to make copies of that, I hope. Save the trees. Digital. Commissioner Carollo: I'm surprised that's all you could get for such a world- wide event. Chair Russell: Thank you. Good morning. Good afternoon, Esther. Is this our last public speaker? Is there anyone else here who's here to speak on public comment? Please address the lecterns. Esther Alonso Luft: Alrighty. Hello. Chair Russell: You have four minutes. Correct. Ms. Luft: Okay. I'm on. Thank you. Esther Alonso Luft. I'm a long-time resident of Miami, going back to the '80s; worked downtown, going back into the '90s. So I was there in the early 2000s, about 2000, 2001, when Ultra first came in. I was here last year before you on the Ultra issue, when the move was being made from downtown Miami to Virginia Key. And at that point, I expressed my concerns about the move to that area. Some of them were valid, but many of them were not. And at the end of the day, what you all did was you voted based on what was best for the City of Miami. So I'm before you today asking you to do the same thing today. And I can understand what these residents are going through, because when they moved in, I believe it was during the time frame that Ultra had been moved to Bicentennial, and then when Bicentennial was built, they were moved back to Bayfront, so I can understand their concerns, and I'm certainly empathetic to them. But I -- what I -- my experience with Ultra was that they were very responsible. They listened to my concerns. They listened to the concerns of other stakeholders, and they made amendments to their plans to accommodate them. And if Ultra grew up with Miami, and they are now acting like responsible adults, as every entity that does business with this City should, then what's the harm in giving them another year downtown? I understand the argument; you know, "Let them go somewhere else. " You know, it's a little bit of that not -in -my -backyard - ism, but there is really nowhere else in Miami. And losing this festival is losing hard revenue, not economic impact. These are hard dollars that come in. So I would say, you know, please consider that they've acted in good faith. They have roots in Miami. They were apart of that change downtown, which I said last year, and I'll repeat again: I have no vested interest in their success or their failure, but I've always had a big mouth and I'm here opening it again. So I would hope that you would approve the Ultra deal, and that Ultra negotiate with the neighbors in - - you know, in a reasonable fashion, and I would be surprised if they have not. Of course, I'm not privy to that, so we'll see. But the economic benefit. The vote is good for all. It's not just for the residents that paid a lot for their properties; it's for the residents that paid little or that pay none, or that live here. It's a city for everyone; not just for the folks that came in during the last 10 years. We need to consider Miami 's histories and Miami -- Miami's history and roots. And again, I would ask you to vote in favor of the Ultra deal. Moving forward, the second issue I wanted to address was the river issue. I'm glad to see that these discussions are taking place, because it's not isolated to the river; it's just concentrated on the river. We see it around the island, whether it's at the basin where jet skis have decided that the ramp is closer; they're just going to ride over the sidewalk and launch and cause further erosion on that shoreline. And I understand that our law enforcement is limited. There are only so many of them, and there's a lot of water to cover, and it's not something you can cover instantly. So perhaps, having more enforcement not only on the river, but through our entire coastline, would be helpful. I had an incident where one of the derelict vessels, which hasn't been cited, and they have been reported in that -- in the lagoon at the north point of the City of Miami Page 61 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 MV - MAYORAL VETO(ES) NO MAYORAL VETOES island, came loose in the wind, and was banging up against the seawall that's going to be replaced soon. When I called the non -emergency number, I was referred to the 911 dispatcher, who sent me back to the non -emergency number. And after a lot of back and forths, I eventually ended up being told that I should call Tugboat US to have it pulled. I mean, this is a boat that's -- really should have been taken out of there. It's landing on the bottom. It's destroying the seagrasses. This is a habitat that encourages tourism, brings people to our City. And, you know, it's -- it has to be done better, so I'm glad that you're having these discussions, and I'm happy to participate as needed. Thank you all for your time. Chair Russell: Thank you very much. Is there anyone else --? Ms. Luft: Have a great lunch. Chair Russell: Thanks. We'll get there. Is anyone else here for public comment? I thought I saw -- No? All right. We're going to close the public comment. Chair Russell: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Russell: Thank you, Mr. Clerk. END OF MAYORAL VETO(ES) City of Miami Page 62 Printed on 10/21/2019 City Commission Meeting Minutes lea»:RI•]►FilIKURimrilZ kiIM0 PA.1 PERSONAL APPEARANCE 6219 A PERSONAL APPEARANCE BY SEAN BEIGHTOL REGARDING BRINGING LAW AND ORDER TO THE MIAMI RIVER AND WATER FRONT. RESULT: PRESENTED July 25, 2019 Note for the Record: For additional minutes referencing Item PA.], please see "Public Comment Period for Regular Item(s). " Chair Russell: All right. It is now our time for our personal appearance, and then we'll be taking up public comment. Mr. Shawn Beightol, please. Good morning. Shawn Beightol: Good morning. My name is Shawn Beightol. I live at 2290 Northwest North River Drive. If there's anyone else here to speak about safety on the river, please make sure you get your name to the Clerk. And to the press, I have copies of what I'm -- the remarks that I'm going to make. First thing I'd like to say after that, the topic is, this is a call for funding 24-hour/7-day a week law enforcement, active law enforcement on the Miami River and the surrounding waters. You just mentioned that your tax base has grown 10 percent, and you're cutting the millage rate, so I don't want to hear about there's no money for that. I want to thank Commissioner Gort over there, and Commissioner Russell, and Mayor Suarez for taking a personal time in making this an effort to hear my comments about the safety on the river. I want to thank Brett Bibeau and Horacio Aguirre from the Miami River Commission for the work they've done; and members of the Miami River Commission, past and present, for the work you've done. You've done a great job; the Miami Marine River Group, the Miami River Foundation, the homeowners groups, the law enforcement, and I specifically want to thank Commander Sierra of Allapattah for being available and attentive for annoying people like me. I also want to thank the park rangers, particularly a woman by the first name Facie (phonetic). I don't know her last name. She's a professional in every manner of the word at the park, trying to keep law and order. Thank you for what you've done on the river for Miami for the environment; for the industry as well. It's a tough job to juggle all of those demands, and you've done a great job. The river is recovering, and as a testimony to that, people like me are moving to the river, and we're asking for more. We're enjoying our life there. We're enjoying the resources there. And the reality is, so no one takes this as criticism, we're never finished with our job. If you look at the history of Miami, if you look at the history of the river, if you look at the history of the world, it is a history of cycles; we're never finished. So please don't take this as criticism, but as the next cycle, perhaps. I'm going to skip the introduction. That was not the introduction, but the summary of all the cycles of rum runners and sewage and drug runners, and what I call now the fun runners. We've had cycles of these episodes, and each time this City has rose to the occasion, along with other agencies, to meet those demands, and you've met them. The current situation: In 1987, the City and the County passed a "No Wake Zone" for the entire river. In 2007, the Miami River Commission called for the Marine Patrol to increase the patrolling of the river and the enforcement of no wake. In 2011, a Coast Guard press release said, In light of increasing concerns conveyed by local property owners and marine environmental conservationists, a joint agency task force would substantially increase law enforcement operations on the river. " Yet, on November City of Miami Page 63 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 6, 2017, river experts, industry experts that spoke at the Miami River Commission stated that -- the Miami River Marine Group and others stated that problems of increased recreational vessels violating the idle no wake speed limit, boating under the influence of alcohol, and illegally docking in the Federal navigable channel, caused hazards to the navigation for the shipping vessels undertow in port Miami. I would add to that, to those of us that have private vessels, we're not all millionaires with yachts. Some of us have boats that we live on or that we've hung our entire life's livelihood to keep, and we need your help. So that was in 2017. And what the Miami River Commission did in response to that testimony was they printed 250 pamphlets, and put them in restaurants, and they passed a resolution asking for increased law enforcement. So I'm here today, two years later, saying, we need teeth in these resolutions. We don't need words; we need actions. We have an increased number of boating traffic and an increased cycle of lawlessness on the river. So I'm asking to do more than pass out pamphlets, do more than pass toothless resolutions, but to put tooth -- but to put teeth into these resolutions. We need 24/7 -- we need a boat on the river, traveling back and forth all day, every day -- not 11 hours a day, not five hours a day -- all day, every day, directed by you, to push the law enforcement as aggressively as possible. There's pictures; I gave you a packet. I'm not going to go through them. You can see the wildlife. You can also see the manatees with the scars on them. They don't get out of the way of boats. You can see the dolphins swimming in the river. We've got ospreys. We've got tarpon. We've got snook. We've got jack. It's a -- the river has really responded to all of your efforts. Let's take it to the next level. Anecdotally, the river doubles or triples the property values that are along the river, which is an investment for you to put money into, because you're going to get it back out of that tax base that you just referred to. There's a page here with all of the enjoyable activities you can see. You can see the Miami River Day; Esther Luft, from the Virginia Key Outdoor Center, worked with you on -- and Commissioner Gort, I saw you there, also. You guys did a wonderful job. We had paddlers, paddle boarders, Kayakers, canoers. You can see a picture of the launch canal there. If you had never been down that canal by canoe or Kayak, and passed by the Seminole or Miccosukee caves, it's a beautiful site. It's -- you wouldn't even know you're in Miami. You feel like you're in the Amazon or something. You can see the sunsets. You can see the guy playing the guitar in the bank of the river. You can see the paddlers at Curtis Park. There's a lot of things happening on the river that you guys and others before you have invested in and we're seeing come to fruition; please protect that. Industry and jobs. There'll be people speaking after me, I'm sure, that will tell you about the hundreds of millions of dollars in commerce that this river produces, and the multiple tens of millions in tax base that that produces, as well. Then there's a picture of the violations. You can see the over packed boats. You could -- the top left corner, there's a hundred - foot boat that struck my boat, because it was out of control, after he hit the boat in front of me. That's negligence when you hit one boat, and then back up and hit another one. You can see -- after our first email campaign that Mr. Gort responded to two years ago, you put the gates up at the park; that was wonderful. You put the lights up, you put the parking decals out, but nobody pays attention to them. They show up at night and bolt -cut the chains, and do whatever they want. And we've got signs there that say, "The park is closed at sunset. " I don't want it closed at sunset, but either put staff there all hours or take the signs down, because to have signs up that say what a regulation is and you don't enforce it, you teach the public to have contempt for the law and your authority. You can see -- Chair Russell: Thank you, Mr. Beightol. Mr. Beightol: -- the derelict vessels. The entire river is a navigation channel. The tugboats that have to pull these big freighters, they have to go from side to side; little boats are going all along the sides of the river. We keep our boats on the side of the river. If you leave a derelict vessel in the water, you're not doing due process for the City of Miami Page 64 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 owner of that vessel, for the owners of the properties along the river, or for the environment, because that boat will sink, and every one of them has, that I have observed in the five years that I've been there. Chair Russell: Sir, thank you. We've gone way beyond the time. I want to -- Mr. Beightol: Yes, sir. Chair Russell: -- preserve to see if there's any Commissioners, as well as the Administration, that'd like --Is it Mr. Beightol or Beightol? Mr. Beightol: Beightol. Chair Russell: Mr. Beightol. Thank you for coming here today. Are there any Commissioners who have questions or comments regarding what's been said? Commissioner Gort, Vice Chairman. Vice Chair Gort: You know, enforcement is one of the biggest problems that we have in the river. The boat cannot go --even a police boat cannot go beyond certain speed. So one of the suggestions I gave to the Administration is we have to set up cameras. We also got to work with the private sector, private property owners, if they own -- they have -- I'm sure they got the cameras in back of the -- if they can record all that, and the police can coordinate with them, I think that'll be very important to get the violators. Mr. Beightol: Wake is a function of hull length -- Chair Russell: Sir? Mr. Beightol: -- so a camera can't catch -- A jet ski going five miles an hour will create a bigger wake than a tugboat going 10 miles an hour. Vice Chair Gort: Sure. Chair Russell: Thank you. Mr. Manager, have you met with Mr. Beightol, and have you -- has anyone on your staff addressed these issues? Do you see a plan moving forward to improve this? Emilio T. Gonzalez (City Manager): Sir, I have not, but, yes, Chief Colina and Deputy Chief Papier and I have met. We've actually increased patrols on the river, and we're in the process now of stationing a vessel near or at the MRC (Miami Riverside Center), which would be a lot closer to any sort of call on the river. Right now they're at the Miami Outboard Club; takes them quite a bit to get there. So yes, we are looking at these. We're also looking at technology, as well. Chair Russell: Thank you. Now, the river obviously touches four out of the five districts. It's very important to us for many, many reasons. Is there a funding issue here that we need to address in the budget season? Mr. Gonzalez: Not at this time, sir. It's just a matter of moving resources around, but if there is and we need to get deeper into this, I'll be happy to get back to you and your colleagues with regards to (UNINTELLIGIBLE). Chair Russell: Thank you. I am very interested. Thank you, Mr. Beightol. Thank you for -- City of Miami Page 65 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Beightol: Mr. Russell, can I read the bullet point summary, the five things that I'm asking for specifically so each of you can hear it? Chair Russell: Yes. Mr. Beightol: I'm asking for your attorneys, as I mentioned at the last meeting, to review derelict vessels, law, and to push the law enforcement to get those boats off the water before they sink. I'm also asking for 24/7 human patrol of the rivers; cameras cannot catch the problem. I'm asking for sanitation to be placed --proper sanitation containers to be placed at the parks; speed bumps on the roads around the parks. I'm asking for a 24/7 emergency number, so that we don't have to try to figure out which of the 38 agencies that we should call when we see an oil spill, a dead manatee, or whatever. I'm asking that we bring Miami -Dade County Public Schools into this, so we can work on a outdoor education in the PE (Physical Education) Program so that we can preclude these problems before they grow up and buy jet skis, and don't know that there are rules for the road -- for the waterfront. And I believe there are other people here to speak to this issue. Chair Russell: Thank you very much for your time. Mr. Beightol: Thank you so much. (Applause) Chair Russell: Thank you for your advocacy. Please hold your applause. Thank you very much. END OF PERSONAL APPEARANCE City of Miami Page 66 Printed on 10/21/2019 City Commission Meeting Minutes 141iW9101 ► 69 NI ►III reCe7 NI ►1 97_1 July 25, 2019 Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " Citv of Miami Page 67 Printed on 10/21/2019 The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon CA.1 RESOLUTION 6041 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Office of Grants IN THEIR ENTIRETY RESOLUTION NO. 18-0297 ADOPTED ON Administration JULY 12, 2018, RESOLUTION NO. 18-0274 ADOPTED ON JUNE 28, 2018, AND RESOLUTION NOS. 17-0465, 17-0462, AND 17- 0458 ADOPTED ON SEPTEMBER 28, 2017, THEREBY RE- ALLOCATING ANTI -POVERTY INITIATIVE ("API") FUNDS IN THE TOTAL AMOUNT OF FIFTY-FIVE THOUSAND, FIVE HUNDRED DOLLARS ($55,500.00) THAT WERE PREVIOUSLY AWARDED; DE -ALLOCATING API FUNDS AWARDED IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) PURSUANT TO RESOLUTION NO. 18-0267 ADOPTED ON JUNE 28, 2018 AS SPECIFIED HEREIN; REALLOCATING FIFTY-SIX THOUSAND, FIVE HUNDRED DOLLARS ($56,500.00) IN API FUNDS TO THE RESPECTIVE DISTRICT 3 COMMISSIONER'S AND THE MAYOR'S SHARE OF THE CITY OF MIAMI'S API FUNDS. ENACTMENT NUMBER: R-19-0293 This matter was ADOPTED on the Consent Agenda. July 25, 2019 Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " Citv of Miami Page 67 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 CA.2 RESOLUTION - Item Pulled from Consent 6043 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED Parks and OCTOBER 18, 2018, PURSUANT TO REQUEST FOR Recreation PROPOSALS ("RFP") NO. 945385, FROM FRIENDS OF MIAMI TENNIS, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FOMT"), FOR TENNIS CENTER PROGRAMMING AND OPERATIONS, FOR THE DEPARTMENT OF PARKS AND RECREATION ("PARKS"), FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item CA.2 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For additional minutes referencing Item CA.2, please see "Public Comment Period for Regular Item(s) " and "End of Consent Agenda. " Chair Russell: I'd like to get a deferral on CA.2 for the September 12 agenda. We have a community meeting in Morningside in August -- Commissioner Hardemon: So moved. Chair Russell: -- where the parks will go, and then we can bring it back with a consensus. Commissioner Reyes: Been moved and second. Chair Russell: There's -- it's -- the deferral request has been moved by Commissioner Hardemon; seconded by Commissioner Reyes. All in favor, say f, P, aye. The Commission (Collectively): Aye. City of Miami Page 68 Printed on 1012112019 City Commission Meeting Minutes Chair Russell: Opposed? Motion passes. That's CA. 2. CA.3 RESOLUTION 6061 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED Police DECEMBER 12, 2018, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 610384, FROM LAW ENFORCEMENT PSYCHOLOGICAL & COUNSELING ASSOCIATES, INC. ("LEPCA"), FOR THE MIAMI POLICE DEPARTMENT ("MPD"), FOR AN INITIAL PERIOD OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD, ON AN AS -NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0294 This matter was ADOPTED on the Consent Agenda. July 25, 2019 Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " Citv of Miami Page 69 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 CAA RESOLUTION 6060 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE ACCESSING OF VARIOUS CONTRACTS VIA Procurement THE EXISTING BUYBOARD NATIONAL PURCHASING COOPERATIVE ORGANIZATION ("BUYBOARD"), EFFECTIVE THROUGH DECEMBER 31, 2019 SUBJECT TO ANY RENEWALS, EXTENSIONS, OR REPLACEMENT CONTRACTS BY BUYBOARD, TO BE UTILIZED CITYWIDE, ON AN AS NEEDED CONTRACTUAL BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER ACKNOWLEDGING THE COOPERATIVE PROCUREMENT BENEFITS OF THE BUYBOARD THAT ENABLES THE CITY OF MIAMI ("CITY") TO AGGREGATE ITS PURCHASING VOLUME WITH THAT OF OTHER PARTICIPATING MEMBER PUBLIC AGENCIES, IN ORDER TO REALIZE A LARGER PERCENTAGE DISCOUNT PRICING STRUCTURE TO THE FINANCIAL BENEFIT OF THE RESIDENTS OF THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0295 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see "End of Consent Agenda. " Citv of Miami Page 70 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 CA.5 RESOLUTION 6198 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE CITY ADMINISTRATION TO SETTLE PUBLIC Attorney EMPLOYEES RELATIONS COMMISSION CASE NO. CA -2018-054 BY INCLUDING PETITIONERS ROBERTO FENTON, NELSON CUADRAS, VELENTINE ONUIGBO, MAURICE HARDIE, CARLOS VASQUEZ, ORLANDO DIEZ, DAVID ADATO, ACHMET VALDEZ, VICTORIA ROJAS, AND MARLO DARRINGTON ("PETITIONERS") AS MEMBERS OF THE MIAMI GENERAL EMPLOYEES ASSOCIATION, OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO LOCAL 1907 ("AFSCME LOCAL 1907"), AND PROVIDING PETITIONERS WITH THE BENEFITS OF THE AFSCME LOCAL 1907 2017-2020 COLLECTIVE BARGAINING AGREEMENT ("CBA"); FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO PAY $12,000.00 IN ATTORNEY'S FEES AND AUTHORIZING THE CITY MANAGER TO MAKE ANY DEPARTMENTAL BUDGET ADJUSTMENTS IN THE FISCAL YEAR ("FY") 2018-19 BUDGET CLOSE-OUT OR IN THE FY 2019-20 PROPOSED BUDGET AS MAY BE REQUIRED PURSUANT TO THE SETTLEMENT, AS FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FOR ATTORNEYS FEES, IN THE AMOUNT OF $12,000.00, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0296 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 5, please see "End of Consent Agenda. " Citv of Miami Page 71 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 CA.6 RESOLUTION 6039 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE ASSIGNMENT OF THE Solid Waste RESULTING CONTRACT FROM REQUEST FOR QUALIFICATIONS (RFQ) NO. 495344 FOR THE PROVISION OF COMMERCIAL SOLID WASTE HAULING SERVICES FROM WORLD WASTE RECYCLING, INC. ("WORLD WASTE") TO ACCEPT THEIR OWNERSHIP CHANGE, IN RECOGNITION OF THEIR STOCK PURCHASE BY COASTAL WASTE & RECYCLING HOLDCO, LLC, ("COASTAL"), WHILE MAINTAINING THEIR CURRENT NAME AND FEDERAL EMPLOYMENT IDENTIFICATION NUMBER ("FEIN"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, TO INCORPORATE COASTAL AS THE NEW PARENT COMPANY AND SOLE SHAREHOLDER; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL, HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0297 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 6, please see "End of Consent Agenda. " Citv of Miami Page 72 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 CA.7 RESOLUTION 6053 A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING Department of THE BIDS RECEIVED ON APRIL 24, 2019, PURSUANT TO IFB Solid Waste 1029381, FOR THE PURCHASE OF METAL WASTE CONTAINERS FOR THE CITY OF MIAMI'S ("CITY") SOLID WASTE DEPARTMENT ("SOLID WASTE"), ON AN AS NEEDED BASIS, WITH WAUSAU TILE INC. ("WAUSAU") AS THE PRIMARY VENDOR AND TRASHCANS UNLIMITED ("TRASHCAN"), AS THE SECONDARY VENDOR, FOR AN INITIAL TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM SOLID WASTE'S GENERAL ACCOUNT NUMBER 04001.213000.552000.0000.0000, AND OTHER SOURCES OF FUNDS, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0298 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 7, please see "End of Consent Agenda. " CA.8 RESOLUTION - Item Pulled from Consent 6142 A RESOLUTION OF THE MIAMI CITY COMMISSION, Department of ALLOCATING BUDGET RESERVE FUNDS FROM COMMUNITY Human Services INVESTMENT PROGRAMS' FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00) TO URGENT, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("URGENT"), IN SUPPORT OF THEIR YOUTH EMPOWERMENT AFTER SCHOOL PROGRAM WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH URGENT, INA FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ALLOCATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0302 Citv of Miami Page 73 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For additional minutes referencing Item CA. 8, please see "End of Consent Agenda. " Chair Russell: All right. Thank you very much. We do have a quorum now. Back to the CA (Consent Agenda) agenda, the only three remaining items. I believe it was Commissioner Carollo who had questions on those with regard to funding; CA. 8, 9, and 10. Vice Chair Gort: Someone had a question on 10. Chair Russell: All right. I -- Mr. Manager or representative of the Manager, there were some questions regarding the funding sources for CAs.8, 9, and 10. Have those been addressed? Vice Chair Gort: No. My question for 10 is a little different. My understanding, this is a program that's going to be funded through the City Manager's Office, and this is to provide service to small businesses, my understanding. Milton Vickers (Director, Human Resources): Sir, I'm having difficulty hearing. Vice Chair Gort: My understanding is that the program that we're going to be looking at the -- CA.10 is the Prospera, a program where they're going to be providing services to small business -- Mr. Vickers: Yes. Vice Chair Gort: -- within the area. Mr. Vickers: Yes. Those businesses will be citywide, but there will be a concentration of small businesses along the Flagler Street Corridor that would be going under construction. It would provide technical assistance to businesses citywide, as well as technical assistance to those businesses on Flagler Street who may not be able to survive several months of ongoing construction. That technical assistance will be how to close your books technology, as well as access to capital. Commissioner Gort: My understanding, also, how to run those new machines that we have today, the new system that we have to charge people for the services, that they have to be very careful with that -- Mr. Vickers: Yes, sir. Vice Chair Gort: -- because we may have a lot of problem with them, because I'm willing to allocate some funds out of my office to make sure some of the business within my area, they get some of the services. Mr. Vickers: Our definition of "small business" would be that same definition that Commerce Department, Small Business Administration utilizes to define it, but what I'll question -- we have some businesses, as we did along the 8th Street Corridor -- City of Miami Page 74 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Vice Chair Gort: Right. Mr. Vickers: -- doing construction that are small mop -and -pop businesses; small companies that invested their life savings in business, but could not survive the construction, and that's what we're trying to gear up to provide technical assistance with. Vice Chair Gort: Yes. Okay. Thank you. Chair Russell: Thank you. I'll table those CA items until Commissioner Carollo is here, because he had the specific questions on those. Later... Chair Russell: We'll move back to the CA agenda, now that Commissioner Carollo is with us. CA.8 and 9, Commissioner Carollo had questions about funding sources. Can the Management address that, please? Commissioner Carollo: Mr. Manager -- Chair Russell: Your microphone. Commissioner Carollo: -- on C.8 [sic] and 9 that are left, where are the funds coming from? Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. Commissioner Carollo: Chris, thank you, but I'm asking the Manager. Mr. Manager, so they got to explain to you where the funds are coming from, or could I get a simple answer? Emilio T. Gonzalez (City Manager): Sir, they're coming from reserves. If you'd like, the Department Director -- Commissioner Carollo: Reserves. Mr. Gonzalez: -- would be happy to explain -- Commissioner Carollo: But what kind of reserves? Mr. Gonzalez: Departmental reserves, sir. Commissioner Carollo: Is it coming from the general fund reserve? Unidentified Speaker: Yes. Mr. Gonzalez: Yes, sir. Commissioner Carollo: Now, let me take that further and dissect it more. Are we talking about general fund reserves -- in the overall general fund reserves or the reserves that were included in this fiscal year's budget? Mr. Rose: These are the reserves that are included in this year's fiscal budget; already approved by this Commission. It's on page 349 of the adopted operating budget book. Its called "Community Investment Programs. " Its $150, 000, and City of Miami Page 75 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 it's in non -departmental. So it's not in a department specific; it's in the non - departmental accounts. Commissioner Carollo: How much do we have left in the fiscal year budget approved reserves? Mr. Rose: Of these, we've got -- Commissioner Carollo: Not of these; overall. Mr. Rose: Overall? Okay. So this morning I sent out the monthly budget report, and we'll talk about it at BU.1, or if the Chairman would agree, we can call this BU.1 as well. Commissioner Carollo: I don't care what you call it. I just want to know what we have left right now in this year's fiscal year's budget reserves that were approved. Mr. Rose: So we have not touched the $5 million that was reserved in non - departmental; that's per financial integrity principles. We've not touched the $10 million that is in the building reserve, and we have not touched the -- I'm going to forget the number exactly, but five and a half million dollars that was in the reserve for uncollectable. The only reserve we've really hit is this one for Community Investment Programs, and the Manager's reserve; otherwise, the reserves that are there are still in place, sir. Commissioner Carollo: Okay. What is the amount we have left in those two reserves, the Management's reserves and the additional reserve? Mr. Rose: The Manager's reserve has about 40,000 left in it, and Community Investment has about 17, 000, maybe -- between 17 and 20, 000. Commissioner Carollo: Okay. All right. You've answered my question. It was allocated in this year's budget. Mr. Rose: Yes, sir. Commissioner Carollo: And we can move forward. Chair Russell: Thank you. Is there a motion on CA.8 and 9? Commissioner Reyes: Move it. Commissioner Carollo: Go ahead. Chair Russell: Moved be Commissioner Reyes; seconded by Commissioner Carollo. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes on CA.8 and 9, which completes the CA agenda, the PH agenda, and we have a few items left in the RE agenda, as well as the ordinances. City of Miami Page 76 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 CA.9 RESOLUTION - Item Pulled from Consen' 6141 A RESOLUTION OF THE MIAMI CITY COMMISSION AYES: AUTHORIZING THE ALLOCATION OF BUDGET RESERVE FUNDS Department of FROM COMMUNITY INVESTMENT PROGRAMS' FUNDS IN A Human Services TOTAL AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00) TO THE PRYMUS ANGELS CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("PRYMUS"), FOR COLLEGE TOURS FOR THE PARTICIPANTS OF THEIR EDUCATIONALLY BASED ALL-STAR CHEER PROGRAM OFFERED WITHIN THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH PRYMUS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ALLOCATION; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0301 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For minutes referencing Item CA.9, please see "End of Consent Agenda " and Item CA. 8. CA.10 RESOLUTION - Item Pulled from Consent 6140 A RESOLUTION OF THE MIAMI CITY COMMISSION, Department of ALLOCATING BUDGET RESERVE FUNDS FROM COMMUNITY Human Services INVESTMENT PROGRAMS' FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00) TO THE HISPANIC BUSINESS INITIATIVE FUND NATIONWIDE, INC., D/B/A PROSPERA, A FLORIDA NOT FOR PROFIT CORPORATION ("PROSPERA"), FOR THE CREATION OF A PROGRAM THAT WILL EDUCATE MICROBUSINESS OWNERS WITHIN THE CITY OF MIAMI ("CITY") ON THE IMPORTANCE OF TECHNOLOGY, PROTECTION FROM CYBER THREATS, AND PROVIDE ASSISTANCE WITH EFFICIENCIES FOR THE BOOSTING OF PERFORMANCE AND PROFITABILITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH PROSPERA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ALLOCATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0303 Citv of Miami Page 77 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record. For additional minutes referencing Item CA.10, please see "End of Consent Agenda" and Item CA. 8. Chair Russell: Let's move on to the RE (Resolution) agenda and see what business we can take care of there. Gentlemen, you want to look at the millage rate, or do you want to wait for a full dais on that as well? Vice Chair Gort: I'll make a motion on CA. 10. That was my question. I think it's been answered. Chair Russell: There's a motion on CA.10. Is there a second? Seconded by Commissioner Reyes. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes for Prospera. That's CA.10. We'll table CA.8 and 9. CA.11 RESOLUTION 6226 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE CITY OF MIAMI TO FILE BRIEF(S) IN Attorney SUPPORT OF THE CITY OF CORAL GABLES AS AMICUS CURIAE IN ALL APPELLATE PROCEEDINGS IN BEJARANO V. CITY OF CORAL GABLES. ENACTMENT NUMBER: R-19-0299 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.]], please see "End of Consent Agenda. " City of Miami Page 78 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 CA.12 RESOLUTION 6138 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE Attorney ESTATE OF ALEX FORTSON AND ITS ATTORNEYS, ASNIS, SREBNICK & KAUFMAN, L.L.C., WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES, IN THE MATTER OF THE ESTATE OF ALEX FORTSON ADV. CITY OF MIAMI, UPON THE EXECUTION OF GENERAL RELEASES AS TO ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-19-0300 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.12, please see "End of Consent Agenda. " END OF CONSENT AGENDA Vice Chair Gort: Mr. Chairman? Chair Russell: I'd like to look at the CA (Consent Agenda) and the PH (Public Hearing) agenda; if we can pass both of those. I would only like to pull CA. 2. Commissioner Carollo: Chairman -- Chair Russell: Is there any--? Commissioner Carollo: -- ifI can -- Chair Russell: Commissioner. Commissioner Carollo: -- before? I have one real quick item that is not controversial. It's the appointment of someone to the Community Relations Board They've been sitting here all morning, so if I could have the Clerk to read out their name, so that we could approve it real quick. Chair Russell: We may be able to take it all up together, if that's --? Nicole N. Ewan (Assistant City Clerk): Yes. I just have three quick board items, Chair. Chair Russell: The board items? Ms. Ewan: Yes. Chair Russell: All right. City of Miami Page 79 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Okay. Chair Russell: Are we -- we have the will to take up the CA and the PH, as well? Commissioner Hardemon: Right. So I'm very much so comfortable with both. That was the exact motion I was going to make, and then we can -- I think we should address Commissioner Carollo's concern. Chair Russell: Thank you. We'll do the CA, the PH, and then the board appointments, and then we'll break for lunch. CA -- we're going to pull CA. 10 for after lunch. I'd like to -- Commissioner Carollo: I'd like to pull CA.2 -- Chair Russell: CA.2 Commissioner Hardemon: Right. Commissioner Carollo: Okay? Commissioner Hardemon: Correct. Yes, that's included in the motion. So to be clear, the motion will be to approve the CA agenda, except for CA.2. Commissioner Carollo: And if I could approve CA -- pulls for discussion CA. 8, 9, and 10. I just want to find out where the monies are coming from, and if we have gone through the process that we're supposed to go through, because I'm reading here that they're reserved funds. Chair Russell: That's fine. We'll take that one separately, as well. Commissioner Reyes, did you have something as well? Commissioner Hardemon: Is it that people want to discuss -- do you want to just discuss 8, 9, and 10? Chair Russell: He has a question on those three. Commissioner Carollo: Yeah, I want to pull those out and deal with them separately. Commissioner Hardemon: Okay. That's different. All right. Commissioner Reyes: I want (UNINTELLIGIBLE). Chair Russell: Microphone, please. Commissioner Reyes: I want to discuss -- I'm in the RE (Resolution), on the -- Chair Russell: We're only looking at CA and PH at the moment. Commissioner Reyes: CA -- and CA.2 that -- because -- which one? PH? Chair Russell: Yes. Commissioner Reyes: Single family (UNINTELLIGIBLE). I don't have a quarrel with any of the PH. Chair Russell: All right. So the motion should be -- City of Miami Page 80 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: All the CAs. Chair Russell: -- CA.1, 3, 4, 5, 6, 7, 11, and 12, and the entire PH agenda; am I correct? Commissioner Hardemon: That is correct. That's my motion. Chair Russell: There's a motion. Is there a second? Commissioner Carollo: CA.2, 8, 9, and 10 are being pulled. Chair Russell: Correct. Commissioner Carollo: Okay. Chair Russell: All right. So that -- is there any discussion on the remainder of the CA agenda, as well as the entire PH agenda? Hearing none, all in favor, say "aye. if The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 81 Printed on 10/21/2019 City Commission Meeting Minutes 00:0141Los: I;r_1N1►[*9 PHA RESOLUTION 6064 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF Housing and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") Community ADMINISTRATION AND HOUSING OPPORTUNITIES FOR Development PERSONS WITH AIDS ("HOPWA") PROGRAM DELIVERY FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ABDA"), AND SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR EACH OF THE 2019-2020 AND 2020-2021 PROGRAM YEARS, AS MORE PARTICULARLY SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, SUBJECT TO THE AVAILABILITY OF FUNDING, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER PROGRAM, THE MODERATE REHABILITATION PROGRAM, AND THE HOPWA PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). July 25, 2019 ENACTMENT NUMBER: R-19-0304 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.], please see "End of Consent Agenda. " PH.2 RESOLUTION 6065 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE SINGLE FAMILY CODE Housing and COMPLIANCE ELDERLY LOAN ASSISTANCE PILOT PROGRAM, "A," Community AS MORE PARTICULARLY SPECIFIED IN EXHIBIT ATTACHED Development AND INCORPORATED; ALLOCATING GRANT FUNDS IN THE AMOUNT OF $500,000.00 FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE FUNDS TO ASSIST THE CITY'S ELDERLY HOMEOWNERS IN CORRECTING OUTSTANDING CODE COMPLIANCE VIOLATIONS ON THEIR PROPERTIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATION OF SAID FUNDS. ENACTMENT NUMBER: R-19-0305 Citv of Miami Page 82 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.3, please see "End of Consent Agenda. " Citv of Miami Page 83 Printed on 10/21/2019 Note for the Record. For minutes referencing Item PH.2, please see "Public Comment Period for Regular Item (s) and "End of Consent Agenda. " PH.3 RESOLUTION 6066 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Housing and GRANT AN EXTENSION OF TIME FOR THE 2017-2018 Community COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") Development AGREEMENTS FOR THE MICRO -ENTERPRISE PROGRAM "A," RECIPIENTS, AS SPECIFIED IN ATTACHMENT ATTACHED AND INCORPORATED, FOR SIX (6) ADDITIONAL MONTHS FROM MAY 30, 2019 TO NOVEMBER 30,2019; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE COMPLETION OF THE ECONOMIC DEVELOPMENT ACTIVITIES, SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-19-0306 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH.3, please see "End of Consent Agenda. " Citv of Miami Page 83 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 PHA RESOLUTION 6047 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE Police CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VACUUM METAL DEPOSITION 560 LATENT FINGERPRINT DEVELOPMENT SYSTEM ("VMD560") AGREEMENT FROM WEST TECHNOLOGY FORENSICS, INC. ("WEST TECHNOLOGY") AND CITY OF MIAMI'S ADDENDUM, FOR AN INITIAL TERM OF ONE (1) YEAR PERIOD WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE FISCAL YEAR 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG"), AWARD NO. 2456, PROJECT NO. 19-190011, TASK NO. 1, ORGANIZATION 191602 AND ACCOUNT NO. 12000.191602.664000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0307 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PK4, please see "End of Consent Agenda. " Citv of Miami Page 84 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 PH.5 RESOLUTION 6051 A RESOLUTION OF THE CITY COMMISSION, BY A FOUR-FIFTHS Department of (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF Police THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Resilience and AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Public Works AUTHORIZING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A," WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PURCHASE OF ONE (1) M -VAC FORENSIC DEOXYRIBONUCLEIC ACID ("DNA") COLLECTION SYSTEM ("MVAC"), FROM M -VAC SYSTEMS, INC. ("MVAS"), FOR A ONE TIME PURCHASE PRICE OF $37,335.00, INCLUDING BUT NOT LIMITED TO TRAINING SERVICES, MAINTENANCE, AND SUPPORT FOR A PERIOD OF THREE (3) YEARS; ALLOCATING FUNDS FROM THE FISCAL YEAR 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG"), AWARD NO. 2456, PROJECT NO. 19-190011, TASK NO. 1, ORGANIZATION 191602 AND MIAMI POLICE DEPARTMENT ACCOUNT NO. 12000.191602.664000.0.0., SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. ENACTMENT NUMBER: R-19-0308 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PK5, please see "End of Consent Agenda. " PH.6 RESOLUTION 5916 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "JACKSON Department of MEMORIAL MEDICAL CENTER," A REPLAT AND A SUBDIVISION Resilience and IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN Public Works ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE, AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-19-0309 Citv of Miami Page 85 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PK 6, please see "End of Consent Agenda. " PH.7 RESOLUTION 5987 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PLAT TITLED "BELLE MEADE Resilience and FCP," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY Public Works DESCRIBED IN ATTACHMENT "1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-19-0310 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PK7, please see "End of Consent Agenda. " Citv of Miami Page 86 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 PH.8 RESOLUTION 5926 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENTS, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Estate and Asset VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Management APPROVING, AND CONFIRMING THE CITY MANAGER'S "A," FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 29- B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND ("COVENANT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, MODIFYING THE DECLARATION OF RESTRICTIVE COVENANTS ORIGINALLY APPROVED PURSUANT TO RESOLUTION NO. 18-0497 TO ALLOW MIAMI-DADE COUNTY ("COUNTY") TO CONVEY A CERTAIN PORTION OF THE PROPERTY IDENTIFIED AS FOLIO NOS. 01-0106-070-2010, 01- 0106-070-2020, AND 01-0106-070-2060, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "D," ATTACHED AND INCORPORATED ("REMAINING PROPERTY"), TO YWCA -MG HOLDINGS, LLC ("YWCA SUBSIDIARY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-19-0311 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PK8, please see "End of Consent Agenda. " Citv of Miami Page 87 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 PH.9 RESOLUTION 6203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00), TO JESSIE TRICE COMMUNITY HEALTH SYSTEM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("JTCH"), IN SUPPORT OF ITS ORAL HEALTH INITIATIVE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0312 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PK9, please see "Public Comment Period for Regular Item (s) " and "End of Consent Agenda. " END OF PUBLIC HEARINGS Citv of Miami Page 88 Printed on 10/21/2019 City Commission Meeting Minutes I N;&1119]111,1j111ICki&' REA RESOLUTION 6078 A RESOLUTION OF THE MIAMI CITY COMMISSION, COMPUTING MOVER: A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY") Office of FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND Management and ENDING SEPTEMBER 30,2020; AUTHORIZING AND DIRECTING Budget THE CITY MANAGER TO SUBMIT BOTH SAID PROPOSED MILLAGE RATE AND THE STATUTORILY DEFINED ROLLED BACK MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE MIAMI-DADE COUNTY TAX COLLECTOR, TOGETHER WITH THE DATES, TIMES, AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-19-0313 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon July 25, 2019 Note for the Record. For additional minutes referencing Item RE.], please see "Public Comment Period for Regular Item(s). " Chair Russell: And we'll move on to the RE (Resolution) agenda. RE.1 is the City's millage rate. Is there a motion on this item, RE.1 ? Moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Any questions? Any further discussion on this item? Any comments you'd like to make? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 89 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 RE.2 RESOLUTION 6050 A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING MOVER: A PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN Downtown DEVELOPMENT AUTHORITY ("DDA"), FOR THE FISCAL YEAR Development BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, Authority 2020; AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE AND STATUTORILY DEFINED ROLLED -BACK RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-19-0314 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record. For additional minutes referencing Item RE.2, please see "Order of the Day. " Chair Russell: The -- RE.2 needs a four/fifths; am I correct? Vice Chair Gort: No. Chair Russell: We don't? Emilio T. Gonzalez (City Manager): Not at this time, sir. Chair Russell: Thank you. RE.2, there's a motion; seconded by the Chair. Barnaby Min (Deputy City Attorney): I believe there's a substitution. Alyce Robertson: Yes, there's a substitution for the substitution. Right. Chair Russell: All right. So we're filling in the blanks. Ms. Robertson: Right. Chair Russell: Please. Ms. Robertson: Alyce Robertson, Executive Director, Miami Downtown Development Authority. What the change is from your first substitution to the second is that the rollback rate was -- there was a -- scrivener's errors in the rollback rate, which is .4491 mills, and the -- and that's the actual millage, and it's 4.23 percent. That does not change what the recommendation is by the Miami DDA (Downtown Development Authority) Board. Chair Russell: Thank you very much. Mover and seconder accept the substitution? City of Miami Page 90 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Vice Chair Gort: You do. Chair Russell: I do. Yes. Any further discussion? All in favor say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on RE.2. RE.3 RESOLUTION 6084 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR RON DESANTIS AND City Manager's THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT Office THE ISSUES ADOPTED AS THE LEGISLATIVE PRIORITIES FOR THE CITY OF MIAMI ("CITY") DURING THE 2020 LEGISLATIVE SESSION; FURTHER URGING THE FLORIDA CONGRESSIONAL DELEGATION TO SUPPORT THE ISSUES ADOPTED AS THE LEGISLATIVE PRIORITIES FOR THE CITY DURING THE 116TH AND 117TH SESSIONS OF THE UNITED STATES CONGRESS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS NAMED HEREIN. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item RE.3 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item RE.3, please see "Order of the Day. " REA RESOLUTION 6097 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PRESENT AN OFFER TO Commissioners EVENT ENTERTAINMENT GROUP, LLC, IN THE FORM OF A and Mayor REVOCABLE LICENSE AGREEMENT ("LICENSE"), FOR THE PRESENTATION OF THE ULTRA MUSIC FESTIVAL AT BAYFRONT PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH LICENSE, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY, AS TO LEGAL FORM AND CORRECTNESS. ENACTMENT NUMBER: R-19-0321 Citv of Miami Page 91 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATI( MOVER: Keon Hardemon, Commission SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon NAYS: Russell, Carollo Note for the Record: For additional minutes referencing Item RE.4, please see "Public comment Period for Regular Item(s). " Commissioner Hardemon: Can we -- Victoria Mendez (City Attorney): Thank you. Commissioner Hardemon: -- get into the weeds? Commissioner Carollo: Thank you, Commissioner. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes. Commissioner Hardemon: Can we get into the weeds? Chair Russell: Yes, as deep as you like. Commissioner Carollo: In the what? Chair Russell: He wants to go into the weeds. Commissioner Hardemon: The weeds. Chair Russell: On which item? Commissioner Hardemon: RE.4. Commissioner Carollo: What weeds? Chair Russell: Oh, you're ready. You're ready now? Commissioner Hardemon: Yeah. Let's just take care of it. Emilio T. Gonzalez (City Manager): Into what? Chair Russell: You'd like to take up RE. 4. Commissioner Hardemon: RE.4. Commissioner Carollo: RE.4? Commissioner Hardemon: Yeah. Commissioner Reyes: RE -- Commissioner Hardemon: Because we had our public comment, and people came back to hear it. City of Miami Page 92 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: What number is that? Chair Russell: That is Ultra; doesn't matter what number it is, it's Ultra. You'd like to take it now? All right. Commissioner Hardemon, it's your item. Commissioner Hardemon: No, it's -- that's cute. I'm just waiting for the Administration, because I know they negotiated the contract. I know you want to provide us with the details of it, and, I mean, we'll go from there. Commissioner Carollo: If the Administration's been negotiating the contract, then I know it's all going to be fine. (UNINTELLIGIBLE) -- Commissioner Hardemon: But let's present the item. Commissioner Carollo: They're getting it -- what? -- for free now, or what? Chair Russell: So prior to -- Commissioner Hardemon: "Yo no se." Chair Russell: -- a motion or a board discussion, you'd like to hear from the Administration on how far they've come? Commissioner Hardemon: Right. I mean, I think that just makes sense. Chair Russell: Hello. Jacqueline Lorenzo: Hello. Good afternoon, Commissioners. My name is Jacqueline Lorenzo, with the Department of Real Estate and Asset Management. I'm here to introduce the Ultra item. There have been some changes to the agreement from the version you guys have in your packets. I'd like to read them on the record, if that's okay? Chair Russell: Yes, please. Ms. Lorenzo: Okay. So Section 2.16, "Use Period, " indicating that the areas remaining open outside of the H -day closure --full closure -- are the Bayfront Kids Park, the Tina Hills Pavilion, and the Dog Park. Those areas will be open. Section 2.7, clarifying that the event will take place on any singular weekend in March. Section 3.2, clarifying the same thing; that it'll be a single weekend in March. Also in that section, indicating that those areas will remain open; Bayfront Park Kids Park, Tina Pavilions -- Tina Hills Pavilion, and the Dog Park. Section 4.4, modifying the decibel level from 104 to 102 decibels. Section 4.5, "Light Checks"; modifying the schedule on Tuesday and Wednesday to end at 11 p.m.; Thursday, to begin at S p.m. and end at 2 a.m. on Friday; Saturday of the event week to begin 12 a. in. on Saturday and end 2 a. in. on Saturday; and Sunday, 12 a. in. to 2 a. in.; also on Sunday. Those are the light checks. Vice Chair Gort: 2 a.m. ? Ms. Lorenzo: Then the sound level -- again, Section 4.6 -- back to 102. And in that same section, modifying the provision that indicated that the stage facing due west on the south end of Biscayne Boulevard, which faces 50 Biscayne Boulevard, it's going to be clarified to say that it's going to be removed rather than reconfigured or relocated. And then Section 7.4, the "Use Fee, " we're going to be adding language that provides that the cost and expenses that are not usual or customary will be due following the reasonable pre -approval by licensee, and we will work with the City City of Miami Page 93 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Attorney's Office to finalize that language. Section 7.6 removes the language -- we'll be removing the language regarding the parties mediating over the dispute of fees. The dispute has been resolved, and you guys -- you should have all received a memo earlier this morning with the details of that resolution. And finally, Section 10.5, "Capacity, " we'll be modifying the provision to say that the current capacity for the event is 55,000. Chair Russell: Could you state for the record the settlement on the fees, please? Ms. Lorenzo: Sure. So Ultra -- the disputed fees were 475,000 for fire equipment fees; Ultra will pay 308,000, and the City will waive 167,000. The 308,000 will be paid over four years, in four equal installments. That first 77,000 will be paid within 10 days of this approval. The remaining payments will be due June I of every year thereafter. There will be no mediation; that, as I mentioned, will be removed from the agreement. And if the license agreement is not extended for any reason, the City waives any remaining amount that may be due and not yet paid at that point. Commissioner Carollo: Such a deal. Chair Russell: What was the logic for settling on the 100,000 and not requiring full payment? Did -- was it -- did they have an argument for why they didn't owe that part, or is it disputable? Ms. Lorenzo: They were arguing that it was disputed from the beginning. They didn't agree that the -- that they should be responsible for fire equipment fees. Chair Russell: Understood. Thank you. Thank you for clarifying on the record. Commissioner Reyes: When those -- Commissioner Hardemon: (UNINTELLIGIBLE) equipment. Commissioner Reyes: -- the bulletproof vests that they were buy -- I mean, they were -- Ms. Mendez: Right. They were -- Commissioner Reyes: -- being charged for bulletproof vests. Ms. Mendez: Right. Bulletproof -- that exact amount is a bulletproof vest for the Fire personnel. Chair Russell: Hello, Chief. Joseph Zahralban: Chairman, Commissioners, Joseph Zahralban, Fire Chief, Department of Fire -Rescue. The vests that you're -- that are being discussed are a - - were a component of that $475,000. And the justification for that was simply the fact that we have ballistic vests on every operational vehicle for every riding position in the City of Miami. That has become a standard for us, and it's becoming, as you see, a standard across the nation. In addition to that, we have 90 extra ballistic vests for off-duty events so that any firefighter that is asked to work an off-duty event has access to that same ballistic protection. We have enough -- or had enough ballistic vests to cover every event that you could potentially have in the City of Miami, with one exception. That exception is when you take Ultra Music Festival and move it out to Virginia Beach -- Virginia Key. The reason for that is because when you have an area that is essentially an island unto itself with one way City of Miami Page 94 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 in and one way out, we have to ensure that we have all resources available there at the site in the event that the causeway gets blocked, as we saw occur, and we cannot get resources in to the Key. So because of the very unique challenges that Ultra Music Festival presented out on the Key, the sheer number of firefighters and officers that we needed to hire in order to protect the event prohibited us from ouffitting every single person with ballistic protection. So the balance of what was needed was purchased and was charged to Ultra for that unique event. Chair Russell: So, Chief -- and thank you for the explanation. So what you're saying is but for Ultra, we would not have purchased these vehicles, the vests, or anything? Chief Zahralban: That is correct. These -- you're speaking about the ballistic protection; yes, correct. Chair Russell: Which -- but -- we only -- the ballistic protection only came because they were apart of the vehicles that you need to have outfitted for every passenger on the vehicle -- Chief Zahralban: Well -- Chair Russell: -- when we bought the vehicles. Chief Zahralban: -- don't necessarily confuse the vehicles when I spoke about riding positions. I was using it as an example. Ever --if there's four people on an engine, there are four ballistic vests. Chair Russell: Got it. Chief Zahralban: The important is every single person working the event must have access to ballistic protection. Chair Russell: (UNINTELLIGIBLE). Not connected to the number of vehicles we had to purchase. Chief Zahralban: Correct. Chair Russell: It was about the manpower. Thank you very much. Commissioner Reyes: Do we keep those vests? Vice Chair Gort: Sure. Commissioner Reyes: We have it now. Okay. One thing that I want to ask, and I -- and it was a question that I had for the Manager. Well, no, no. Don't go away. Don't go away. Were those vests, they were part of your budget? They were -- any line that -- they were designated for those vests when the application took place, or you took some funds from some other line items or other application, and you spend it there? Chief Zahralban: All the equipment that we purchase is equipment that we currently have in inventory. It's just an issue of increasing the volume that we need to purchase it. Commissioner Reyes: I'm not talking -- excuse me, sir. I'm talking about the money. City of Miami Page 95 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chief Zahralban: Yes. Commissioner Reyes: I mean, where was that money allocated to? Because -- Commissioner Carollo: From -- Commissioner Reyes: -- from what I do understand, you're charging Ultra, because you bought it, but -- I mean, it was an expenditure about -- and it's an expenditure; about $800,000. They recognized some, and this one they didn't recognize, and then there was this negotiation. But what I'm asking, it is the process; the process of using funds that they were not specifically allocated for that -- I mean, for anything that was Ultra. And I know that you didn't have -- Administration didn't have to come to the Commission, probably. I don't know if it did or not. But I -- in the future, I would like for -- when any investment of that magnitude is going to be made that at least we are informed, because you cannot -- I mean, that is not money that was allocated for that particular expenditures; those were allocated for something else. You don't have an account that is contingency; that you have a million dollars in it. Chief Zahralban: Commissioner, as I began to explain, the increase in inventory, the reason that increase in inventory is relevant is because the line item for, let's say, equipment as an example, is not specifically allocated to a ballistic vest or an increased number of gauze or IV (intravenous) solutions. It's typically allocated to a general section, so it would have been purchased under fire equipment. But you are correct in the sense that I would have had to reprioritize items in order to allow me to make thatpurchase within my existing budget. Commissioner Reyes: Okay. Now, Mr. City Manager, you see, that is $135,000. The other funds that were used to purchase or to -- were expended -- I mean, whatever you bought with Ultra, which amounted to 800 [sic] and some dollars, where did that come from? Commissioner Carollo: Can I get an answer from the Manager? Commissioner Reyes: Came from your budget, Chief? Chief Zahralban: Commissioner, I'm not clear on the question. Commissioner Reyes: The additional expenditures. Chief Zahralban: Can you repeat the question? Commissioner Reyes: You see, it was 800 and some thousand dollars that they were -- you spent -- whatever you want to call it -- due to Ultra. You see? I want to know where those funds -- Because every single penny that we have in the City of Miami, it has been allocated someplace; even if it is a reserve, the Department of Fire, Police, whatever. What I want to know is where those funds came from. Chief Zahralban: Speaking for the Department of Fire -Rescue, any equipment that was purchased for use at Ultra Music Festival came from the Fire Department capital budget. Any personnel expenditures were reimbursed through the City's general fund. Does that answer your question? Commissioner Reyes: Yes. And the additional funds that they were -- are in dispute -- or were in dispute -- I mean, why were they in dispute, and why -- where they -- those funds came from? You see, what I'm trying to say is this: We -- (UNINTELLIGIBLE) -- I mean, and we never (UNINTELLIGIBLE) the procedure City of Miami Page 96 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 (UNINTELLIGIBLE) we use in budget. If you -- and you know well, Mr. Budget Director, that if you're going to use some funds that it is in one line item, and then you're going to use it someplace else, you have to do a transfer of funds, right? Christopher Rose (Director, Office of Management & Budget): Yes, sir. Commissioner Reyes: Okay. But I want to know to what -- how do -- how that went about, and if it was in a -- it was over five -- over $100 million or so, that if that happens in the future, I think that we should take measures that it should come before the City Commission, because we are not sitting here as -- rubber stamp anything. Commissioner Carollo: Can I? Commissioner Reyes: Sure. Go right ahead, Mr. Carollo. Commissioner Carollo: Thank you, Commissioner Reyes. Your questions have brought me to ask even more questions. Let me begin by a very simple one. Madam City Attorney, what is the maximum amount that the City Manager could spend without Commission approval? Vice Chair Gort: 25, 000. Ms. Mendez: It depends. When it's a professional services agreement, it could be $100,000. When it's another type of -- like purchase of goods, about 50,000. Commissioner Carollo: Okay. And this one that you're hearing, would you describe it as professional service agreement or purchase of goods? Ms. Mendez: It's goods. Commissioner Carollo: That's what I would think. Ms. Mendez: But -- Commissioner Carollo: It's $50,000. Chair Russell: I believe we did a retroactive four-fifths -- Ms. Mendez: Right. Chair Russell: -- vote. Ms. Mendez: So that -- I just wanted to remind you for this item, what we did was that, it was purchased due to the emergency that was declared by the Fire Department for the event, and then it was a four-fifths emergency retroactive approval. Commissioner Carollo: I remember that. But I want it said on the record what had happened before it came back for an emergency vote of this Commission for a four- fifths. Now, the total amount, Mr. Manager, that was spent was how much exactly? The total amount that was spent was how much for all the stuff that we had to spend because of Ultra? Chair Russell: Unexpected expenditures, correct? Commissioner Carollo: Well -- City of Miami Page 97 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: The -- above and beyond what was budgeted. Commissioner Carollo: I heard 800, or something, but Mr. Manager, what is the amount? Mr. Gonzalez: Chris, would you break it down for us? It was -- the total amount was 875. Commissioner Carollo: 875,000? Mr. Gonzalez: Sir, that is -- if I -- maybe 8 -- yeah. 860. Commissioner Carollo: 860. Mr. Gonzalez: 860. Commissioner Carollo: So -- okay. You're sure you didn't stick 15, 000 somewhere else? Mr. Gonzalez: No, sir. Commissioner Carollo: Okay. Mr. Gonzalez: Trust me. Commissioner Carollo: So it's not 875; the total amount is 860. Can you give me a breakdown of where that money went? Mr. Gonzalez: I can. I can't do it off the top of my ahead right now, but I'd be happy to give it to you. Commissioner Carollo: Do you have any information before you that someone could give you that you could read? Mr. Gonzalez: Not in front of me, but I'll be happy to get you something before the end of the day. Commissioner Carollo: Well, you know, this is something that you've been working on with Ultra. You just came to an agreement with them. I would have thought that you would have had this on top of your tongue. Chair Russell: While they get that together, I'd like to recognize Commissioner Gort. Commissioner Carollo: Well, I -- while they get it together, I do have more questions. Chair Russell: I -- Commissioner Carollo: The fire component side of it was how much, the total? Chief Zahralban: The total that was invoiced to Ultra? Commissioner Carollo: Well, the total that wasn't paid by Ultra to its. Chief Zahralban: We invoiced $475,000. City of Miami Page 98 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Okay. All right. Now, do you feel, Chief -- Chair Russell: Just a moment. One at a time, please. Commissioner Carollo: -- that that was a legit amount that we invoiced them? Chief Zahralban: I'm sorry, Commissioner. Commissioner Carollo: Do you feel that that was a legitimate amount that we invoiced Ultra? Chief Zahralban: Absolutely. The $475,000 was derived from equipment that was purchased that we would need over and above what we currently hold in inventory strictly due to placing Ultra out on Virginia Key. The unique location, the potential to be cut off from mainland services is what prompted the very robust response capability that was held at Ultra Music Festival. Now, when Ultra Music Festival is, let's say, in downtown Miami, I have the ability to -- Commissioner Carollo: I -- Chief Zahralban: -- place 50 firefighters on the scene within three minutes, 50 more three minutes after that, and 50 more three minutes after that. Commissioner Carollo: I understood that, and I'm not questioning what you did. I just wanted to get it on the record -- Chief Zahralban: Yes, sir. Commissioner Carollo: -- of what you felt. So Ultra has decided that they want a discount, so they're going to pay us less than 75 percent. Now, I mean, maybe I'm in a different world, maybe I'm not going along with the program, but who in their right mind in the private sector is -- wants a contract from someone, and then on top of that, on the previous one they had with you, they're going to tell you, "No, no, I'm not going to pay you this. I'm going to pay you less money, " and expect that they're going to get another contract from you? I mean, think about what I just said. Who would do that, unless they're so sure that they got people ready to role for whatever they say? I mean, this would never happen in the real business world; only in a government like this would it happen. I mean, I'm in shock that even at this point in time, we're letting them get off the hook on monies that are truly owed to us. You just heard the Police -- Fire Chief, rather -- state that it was a valid amount that was spent. And why in the world are we going to settle for anything less? Are these -- Chair Russell: Thank you, Commissioner. Commissioner Carollo: -- the kind ofpeople we want to be in business with? Chair Russell: Thank you, Commissioner. Commissioner Carollo: Now, do you have the amount for the other -- almost 400, 000, Mr. Manager? Where --? Mr. Gonzalez: Like I said, sir, we'll get that breakdown to you before the end of the day. Chair Russell: Thank you. Commissioner Gort, please. City of Miami Page 99 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Vice Chair Gort: Can you go over the hours of operation again, the amendments? Chair Russell: And while he's seeking that, I'm still questioning about this settlement on the overdue funds. Commissioner Reyes: Mr. -- Chair Russell: And then I just want to keep it -- Commissioner Reyes: Okay. Chair Russell: -- one subject at a time -- Commissioner Reyes: Sure. Chair Russell: -- because right now, we're dealing with the settlement of overdue fee -- of the task fees that they did not pay, correct? Joseph Napoli (Deputy City Manager): Yes. What (UNINTELLIGIBLE) -- Chair Russell: In this settlement that's been worked out and this memo that's been given to us today, what happens -- is that settlement contingent on this approval today? Mr. Napoli: Yes. Yes, it is. Chair Russell: If approval does not happen today -- Mr. Napoli: Then we go -- Chair Russell: -- where do we stand? Mr. Napoli: -- stand with the 475, and we'll continue to -- Chair Russell: The full amount? Mr. Napoli: -- mediate that. Chair Russell: So the -- Commissioner Carollo: But it's more than that; is that even if we agree to the discounted rate of over 70 -- of over 25 percent, now the money that they owe us today is not actually what we're going to be getting, because the money a year from now, two years from now, three years from now, four years from now, is going to be worth less. Now we're giving them a payment plan for four years. And obviously, if -- after the first year, if we don't extend this for additional time with the new Commission that will come in in November, then they don't get to pay anything else to us. I mean, look, are we being looked at as suckers? Does this Administration really think that everyone up here is that dumb? Mr. Napoli: Commissioner, no one thinks anybody is that -- Commissioner Carollo: Of course, you do. Mr. Napoli: No, we don't, Commissioner. Commissioner Carollo: Of course, you do. City of Miami Page 100 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: One at a time. One at a time. Commissioner Carollo: For you to present -- Mr. Napoli: This was a disputed amount -- Commissioner Carollo: -- something like this -- Chair Russell: One at a time. I don't want an argument. Commissioner Carollo: -- it's insulting. Its really insulting. And if these -- Mr. Napoli: It's insulting for you, Commissioner -- Commissioner Carollo: -- are the kind ofpermits that we've had -- Mr. Napoli: -- to tell us that you think that of us. That was a disputed amount that was -- Commissioner Carollo: Nothing disputed from what the Fire Chief said. Mr. Napoli: It was just -- it was -- the items were not in dispute. What was in dispute was whether those were covered in the contract or not. And we mediated last evening -- Commissioner Carollo: (UNINTELLIGIBLE) that -- you know what the problem is? That you're not negotiating for the City of Miami. Mr. Napoli: Yes, we are, Commissioner. Commissioner Carollo: You're negotiating for Ultra. That's who you're negotiating for. Mr. Napoli: Commissioner, don't accuse of us that. We're -- Commissioner Carollo: Absolutely, absolutely. Mr. Napoli: -- our best interest is always the City of Miami. Commissioner Carollo: Absolutely. And you can't come in here -- Mr. Napoli: Do not accuse us -- Commissioner Carollo: -- and make any other accusation. Mr. Napoli: -- of not protecting the best interest of the City of Miami. Chair Russell: Stop, please. Commissioner Carollo: All right. Chair Russell: I don't want to recess this meeting. Mr. Napoli: That is a serious accusation. Commissioner Carollo: No. You are -- City of Miami Page 101 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Stop, stop. Commissioner Carollo: -- negotiating -- No. Let me finish here -- Chair Russell: No. We need to focus here. Commissioner Carollo: -- for your salary -- Chair Russell: We're not going to accuse each other. Commissioner Carollo: -- and for your position. That's all you care about. Mr. Napoli: That's a serious -- Chair Russell: No, no, no. Mr. Napoli: -- and false accusation. Chair Russell: Order, please. Stop. Everybody stop. Commissioner Carollo: You're a disgrace, sir. Chair Russell: No. Stop, or we'll recess this meeting. We are on the same side of this issue. The true leverage for negotiation happens on this dais. The Administration only has so much leverage to negotiate. It's when it comes to this moment -- exactly what you're recognizing -- that we have the ability to withhold a vote, unless we get the best deal for this City. But I do not believe that the City is acting in bad faith; they're trying to get a deal done. Clearly, they want Ultra. Clearly, they're in favor of keeping Ultra, as all of us are, seeing Ultra continue in the City of Miami at the very least in whatever disagreements we have. But I'd like to at least keep decorum, and make sure we recognize we're all on the same side here. I don't believe there's any nefarious intent to give Ultra a break. It's simply that the Administration does not have the leverage to negotiate as you do up here. Commissioner Carollo: But, Ken, you might think that; I think very differently from that. Chair Russell: Fair enough. Commissioner Carollo: I've seen enough for quite some time now. Chair Russell: But let's keep it civil, regardless. Mr. Napoli: Please. Chair Russell: Commissioner Reyes, you've been waiting, and then -- Commissioner Reyes: Yes. Chair Russell: -- Commissioner Gort has questions about the (UNINTELLIGIBLE). Commissioner Reyes: I have a question. Madam City Attorney, all the expenses that we charge, they were within the framework of the contract? City of Miami Page 102 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: All the Fire -Rescue expenses and such? Yes. So everything that had to do with Fire -Rescue, arguably, in the contract -- It said that there was Police and Fire -Rescue expenses, right? Commissioner Reyes: Expenses. And that -- Ms. Mendez: So that they would have to pay. But then there were other expenses, like parking and certain things that could be -- you know, that we would have to mediate. So in the interest of trying to hammer out the items that were for sure a, you know, slam dunk, that's what the amount came to. Commissioner Reyes: I'm talking about -- Ms. Mendez: Even though -- Um-hm? Commissioner Reyes: -- the $800,000 that the Manager referred to. All the expenses -- all the expenditures, they were included in the contract. They were part of the contract? Ms. Mendez: So they were not line -item -- Commissioner Reyes: No. Ms. Mendez: --included -- Commissioner Reyes: Okay. Ms. Mendez: -- which was a -- they were just generally included. That's why the City feels that that money is owed. Commissioner Reyes: Okay. And that money that is owed includes the -- includes everything? Ms. Mendez: Right. Commissioner Reyes: Okay. Ms. Mendez: All the expenses. Commissioner Reyes: What are the -- what items are -- is Ultra contesting? Which one are the ones that they are -- that they're not accepting? Chair Russell: Fire --Mr. Chief. Chief Zahralban: Yes, sir. Again, Joseph Zahralban, Fire Chief. Let me begin by saying that when I am presented with a challenge, an event that we need to protect, we develop an Incident Action Plan. That Incident Action Plan, which is developed by my team of people, determines what is required for the protection of that event, including equipment. It's important to point out that we take the safety of these events so seriously that we will spend the money required to protect the event, regardless of whether we're getting it back from the vendor. We -- Commissioner Carollo: Chief -- Chief Zahralban: -- will make every good faith effort. Commissioner Carollo: -- we're not questioning you. City of Miami Page 103 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Just a moment. Commissioner Carollo: I want you to know that we're not questioning you. You did what you had to do. I believe what you're stating. You acted like a professional. You put the safety of your people first and worry about the money second. I would have done the same thing. Chair Russell: Let him answer the question, though. He's answering the question. Chief Zahralban: I appreciate that, Commissioner, but there's another point that I want to make. I have sat in numerous meetings with the City Administration and watched them defend my actions -- the equipment that I purchased -- and work in a good faith effort to negotiate with Ultra to try to get that money back. Now, Ultra is not disputing the actual items purchased. They are disputing the contract in general, and whether or not -- Commissioner Reyes: That's what I was saying. Chief Zahralban: -- that contract allows for the purchase of those items and the subsequent reimbursement -- Commissioner Reyes: That's what I was -- that's -- Chief Zahralban: -- of those items. I cannot comment on that. And fortunately, I live in a black and white world where I would have bought that equipment regardless, and then I look to my City leaders to analyze whether or not we are able to recover those costs. I have watched them work with Ultra in good faith to recover those costs, but I understand the dispute. It's a contractual dispute, and I'm not in a position to be able to answer that. And I don't think we can necessarily forecast where that might go if it goes to the point of litigation, and I think that was the premise for a settlement of a certain amount. Chair Russell: Yes. Understood. And thank you, Chief. Commissioner Carollo: Well -- Chair Russell: Now, I'd like to just make sure we get this item -- this part of the discussion dispatched with, which has to do with the settlement of leftover funds. So we'll get into the lighting in a moment for Commissioner Gort, which I also have questions as well, the sound checks. Further discussion on this, leftover funds? Commissioner Reyes: What -- I just wanted to know if everything that was purchased, all the expenses that have been charged, if they were part of a contract. And what is the nature of the dispute? That's the only thing that I want to know, because if there is a dispute because Ultra understands that that was not part of the contract, because whatever we do, we have to adhere to the contract. Ms. Mendez: So their main -- Commissioner Reyes: Its the language of the contract. That's it. Ms. Mendez: -- argument is that things needed to be pre -approved by them, and that certain things did not have to be purchased; they could have been rented. And as such, some of these things -- you know, some of the amounts could have been lower. So that -- those are the disputed facts at issue. City of Miami Page 104 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: Another thing that -- something that I heard, and I want to make sure. We bought some bicycles, right? Chief Zahralban: Yes, sir. Commissioner Reyes: And versus the County, that they rented it. That's not what you mean -- referring to? Ms. Mendez: I think some of those things are the things that they brought up. Commissioner Reyes: Okay. Chief Zahralban: I'm sorry. Point of clarification, Commissioner. Did you say "bicycles" or "buses"? Commissioner Reyes: No, no. That's what I heard. I don't know if it is true or not. Chief Zahralban: I understood "bicycles. " I'm not sure if you said "buses. " Ms. Mendez: He said "bicycles." Commissioner Reyes: No, no, no. Bicycles. Chief Zahralban: Okay. Commissioner Reyes: My accent is not that bad, man. Bicycle, bus; [expletive]. Chief Zahralban: I don't speak Spanish; I'm sorry, Commissioner. Commissioner Reyes: Oh, (UNINTELLIGIBLE). Commissioner Carollo: The -- Chair Russell: Commissioner Carollo. Commissioner Carollo: What I'm seeing here and hearing here is that this is an entity that wants to do additional business with us; dictating to us the way that they're going to do business with us. And if they can't even honor a past contract with us -- I don't want to do business with anybody that is handling prior business with us in this way -- Commissioner Hardemon: Mr. Chairman? Commissioner Carollo: -- because what I'm seeing is that this is going to be the way that we're going to be doing business with them all the time into the future. So I'm not voting to agree to any amounts that are here. This, in any legitimate world, would have to be settled before we move forward, except in the City of Miami. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Yes. From what I remember, when Ultra moved forward with the contract to bring the event to the venue that it had it at, when they were presented with these extra costs that they felt were beyond the contract, there was an immediate objection to it. And from that point forward, as I remember, the Administration and Ultra were going back and forth about what costs should be most appropriate. And I remember -- I don't know if we said it on the dais or not, but at least I had spoken to our City Manager about it -- is that, you know, these City of Miami Page 105 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 sorts of things is a matter of policy for us to really decide. And so, when the Chief discussed -- he said, "Look, I'm going to purchase what believe is necessary for us to purchase, " that was -- he said it before. He stands firm on that today. Commissioner Carollo: He made the right decision. Commissioner Hardemon: Correct. Commissioner Carollo: I agree with you. Commissioner Hardemon: And my point is that, you know, the question becomes, "Who pays for it?" Does the City of Miami, because he represents the City of Miami? He's -- there's an event. He needs to be properly equipped for that event, so he purchases the equipment. On the City side, do we bear the cost of it, or does an event that comes in that has it bear the cost of it; especially when that equipment is not being kept by that event producer; that equipment is not being leased back to the City of Miami; that equipment is not the property of the person that paid for it; the equipment belongs to us? And so, the question always became -- Commissioner Carollo: We can give it back to them, if they like. Commissioner Hardemon: No. Commissioner Carollo: No problem. Commissioner Hardemon: But the question -- Commissioner Carollo: I'll make a motion that that be part of it. Give us the money; we give them the equipment back. Commissioner Hardemon: So the question always becomes, "What next?" So, for instance, if -- I believe there were ATVs (all -terrain vehicles) that might have -- I'm not sure (UNINTELLIGIBLE), but there were ATVs that were purchased. There were -- I heard there were ambulances that were purchased. I mean, there were a significant amount of resources that were purchased, and these same things will be used most likely for the Super Bowl. They will be used most likely for the next big event. And those entities bear no costs in actually having these things. Commissioner Carollo: But the Chief -- Commissioner Hardemon: As a matter of fact, in the City of Miami -- Commissioner Carollo: -- stated -- Commissioner Hardemon: -- we give money. And so, all I'm saying is that I think, in one way, you're correct. If they hadn't negotiated a deal, and they did not -- they were not being forthright with their deal -- "You told me you were going to pay X, ' and you did not pay me X"' -- I don't see how we move forward with a deal like that. However, from what I'm seeing, the nuance here is we -- they -- we had a deal, and then there were these extra costs, and there was a dispute to those extra costs. And you have a Fire Chief saying, "Listen, I'm going to buy this no matter what, and we're going to try to get it from you. " And then that's where the dispute becomes between the City, the City Attorney's Office, and Ultra. And they go and try to make sense out of it all. You know, there are other entities that have not honored their deals with the City of Miami, and we piecemeal them along, and they have to pay rents, and et cetera, and they don't do what they're supposed to do, and City of Miami Page 106 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 they still stay alive and move forward and breathe life, and have the ability to earn millions of dollars in the City of Miami, and it cost us money, too. Commissioner Carollo: You got some names on who else is comparable to us? Commissioner Hardemon: I have a bad memory. Commissioner Carollo: I figured that. Commissioner Hardemon: But I know it happens. And so, what I'm saying here is that if there's a want to talk about whatever the number is -- if it's a hundred something thousand dollars in savings -- then we talk about that. But I don't think, just from my perspective from watching it happen, I don't think anybody -- not the City of Miami, nor Ultra -- acted in bad faith when it came to what happened here. It's just that there was a lot of equipment that needed to be purchased for safety reasons. The Police -- I mean, the Fire Chief made those purchases, and now we have to decide who's paying for it, and it sounds to me that Ultra is deciding to pick up most of that bill, even though this is equipment that's going to be for the use of the City of Miami and its residents. Chair Russell: Thank you, Commissioner. And I do understand both sides here. What we really need to decide, moving forward, what is our policy going to be about this sort of expenditure? Commissioner Hardemon: Right. Chair Russell: Because many great events could come to Miami, but maybe not be able to afford a lot of the additional expenditures that we would have to take on by welcoming those events. The Yacht Show is a pretty good example, where they had half a million dollars of additional expenditure that they weren't expecting -- it might have been more than that -- with regard to having to put in afire suppression system on the docks they weren't expecting. No way would we let them out of the obligation to do so. The question is, "Who carries the burden of those costs?" In this case, I guess I could understand a sharing as we get to keep the asset and use it and benefit from it in the future, and especially if there was a dispute on the contract with regard to whether or not they would be responsible for these purchases. But I definitely stand behind the Chief for the purchase, and I stand by the Administration to fight for the funds to save the taxpayer. But we do need to look forward for other events and see what we're going to do about this, because if we end up scaring events away from overburden charges, we need to be careful. So Commissioner Reyes: Mr. Chair? Mr. Chair? Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. I agree with you on that, that we have to look to the future, and that's why, in this contract, you see, I requested that no purchases and no expenditure should take place, unless it is agreed by both parties, or if there's a dispute, come to us. Mr. Napoli: And that's correct, Commissioner. And that was what was read into the record earlier, too, that clarification language. Commissioner Reyes: That's it. City of Miami Page 107 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: From our side, it was clear that in the contract, these expenditures are their responsibility. And really, as each contract is put together, that's where it should be made very clear. Commissioner Reyes: Yeah. Chair Russell: So there shouldn't be a dispute. Is there any further discussion on this part of the item? Commissioner Carollo: Yes, there is. Chair Russell: Yes. Commissioner Carollo: The Fire Chief made it very clear that City of Miami owns all sufficient equipment to handle any outside activities like this. Chair Russell: Except for this one. Commissioner Carollo: Except for one of this magnitude, in a place like Virginia Key. So, for the Super Bowl, for all the other stuff that we're bringing up now, is the excuse that we could use it for that, because otherwise, we wouldn't have enough. It's been made clear that we do have enough from before. I also heard the City Attorney say that in the contract, they had agreed to any additional equipment that we needed for security or police. So the only thing that I don't know is if it points to anything that they get the equipment back or not. It's obvious that when they entered that contract, they were expecting to be at Virginia Key for many more years. It didn't go quite as well as they thought, you know. They had a lot of problems, and this is why they reached out so that they could go back to Bayfront Park. So in the meantime, they want us to be stuck for the amount that they had committed to. Now, if in the contract it states that we don't get to keep the equipment, give them the equipment back. I just want the cash that we put upfront back to us, and they could have every vest, every bit of equipment back; that, according to the Fire Chief, we don't need all that additional equipment, except for any major events such as this, this magnitude, in Virginia Key. Commissioner Reyes: Madam City Attorney, what would be the solution to this? Because we're going around and around, and I think that we should move forward. What will be a solution to this? It will be what? Take them to a mediator, or it's a mediation, or decide that unless this is paid in full, or it -- we have a payment agreement, but the payment agreement would have to be effective. You see? And we will have to be paid real fast? Or what will be a solution to this? Because either we are going -- do they keep the equipment? Do we keep the equipment? It was -- it's supposed to be bought. It was not supposed to be bought. The truth of the matter is that there is an out -- I mean, it's an outstanding debt, and that we want to collect. Now, let's try to collect this as much as we can. And if we are going to move with a new contract, make sure that doesn't happen again, and -- but we have to move forward. I mean -- Chair Russell: Madam City Attorney. Commissioner Reyes: -- whatever we're going to do, we have to do it. Commissioner Carollo: The point that I'm trying to make is -- Chair Russell: No, no. Please let the City Attorney answer -- Commissioner Carollo: Yes. City of Miami Page 108 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: -- and then we'll move on. Ms. Mendez: So this was the most direct way to capture all of the money, which is to negotiate a settlement of this type, because if we go to mediation, if we go to court, we cannot always guarantee the results. This was more to get a settlement in order to get a guaranteed amount. But obviously, it's up to this Commission, if you feel comfortable with that negotiated settlement or not. Chair Russell: So the vote today could change this settlement agreement, even though the settlement agreement isn't within the backup of the item, correct? Commissioner Reyes: That's right. Chair Russell: Our vote today -- For example, if the majority of the Commissioners here who are voting on this item say they would demand more of the funds back or a faster payment plan, a change to the settlement agreement -- Commissioner Reyes: Absolutely. Chair Russell: -- could that be incorporated into this vote? Ms. Mendez: The -- obviously, this is something that you take into consideration with your vote. Chair Russell: Right. So answer the question. Commissioner Reyes: Yes. Ms. Mendez: And obviously, I know that the members of Ultra will be here -- should be here. Chair Russell: They're here. Commissioner Reyes: Yeah, they're here. Chair Russell: Commissioner Carollo. Ms. Mendez: And you can obviously discuss with them. This was our good faith effort to try and resolve something before it came to you. Commissioner Carollo: Well -- Commissioner Reyes: So we can work into the contract a settlement agreement and the quantity, too; to say, "Well, we will grant this contract if, and only if, blah, blah, blah happens, " and that's conditions. Ms. Mendez: It is always your prerogative, obviously, how you want -- Commissioner Carollo: Well -- Chair Russell: Commissioner Carollo and then -- Ms. Mendez: -- that to happen. Commissioner Carollo: -- if this was a real business agreement, real business negotiations, there'd be nothing more to discuss; they would be paying the full amount, or they would not be getting even I percent of a possibility of an additional City of Miami Page 109 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 contract. But since --we all know these are political negotiations. They have nothing to do with business in the real business world. It all has to do with politics in a political negotiation. This is why we're here. I mean, this is outrageous, that these people are demanding from us and giving us the terms of what they're willing to do at Bayfront Park, and they're not going to be willing to pay us monies that they owe before. Chair Russell: Commissioner Hardemon. Commissioner Carollo: You know. Commissioner Hardemon: It appears to me that there was about $1.3 million or so in additional costs. Of that $1.3 million, about 475,000 was in dispute. Of the 475,000, as I heard, maybe a little more than 300,000 that they agreed, "We're going to take care of." Commissioner Carollo: Maybe, maybe. Commissioner Hardemon: But when I read -- Commissioner Carollo: That's not what it says. It says, `Maybe. " Chair Russell: One at a time. One at a time. Commissioner Hardemon: When I read the items that were in dispute, $475,000 worth of items that were in dispute, you had Panasonic rugged tablets and adaptors and safety pads; you had defibrillators, masks, casualty incident field kits, fire phone systems, eight EMS (Emergency Medical Services) bicycles, two UTV 4 -by -4 EMS patient transporter scooters, 110 point blank brand body armor sets; you had raincoats, backpacks -- two different types of backpacks; one had an automatic -- automated external defibrillator, and there were a number of things. And then there were $91,000 of miscellaneous EMS supplies for new ALS (Advanced Life Support) and BLS (Basic Life Support) units for Ultra. So there was a -- I mean, there's a significant amount of costs for these things. And the way that I see it is that I don't -- look -- and we're getting -- we receive payments, for instance, for them to actually be there. First, the $2 million use fee, for instance. And so, you know, they have put a lot of money into the City of Miami to -- in order to move this forward. And there was also, as we saw, a big increase in the fees that they agreed to pay. And so, the way that I look at this is like -- when I hear "No business will do this, " I don't know. I mean, businesses don't tend to be penny wise and pound foolish either. You know, it's like, "Okay. Well, to get to the next step, you know, I'm going get another $2 million worth of payments, " et cetera, et cetera, et cetera. And so, I don't really see this as a main sticking point. If we want to talk about some other things, I think we should, but -- unless we just want to make a decision about this. But we're talking about $100,000 or so, and we're looking at a contract that's worth more than $2 million. There's a $2 million use fee, then you have the economic impact, then you have the jobs that these men and women in uniform are going to actually have and the money that they bring home to their families. So, you know, I don't think that this money is -- and this memo is worth putting a clog in this. Chair Russell: You're okay with the settlement; understood. Is there any further discussion on the settlement agreement? Commissioner Reyes: Yes. I would suggest that -- I mean, for -- (UNINTELLIGIBLE) if you will feel better if we accelerate the payment, we make sure that -- regardless of what happens, we are going to collect our funds, you see, City of Miami Page 110 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 and get some sort of -- either bond or get a promissory note that we can take to court, or accelerate it; instead of four years, then in less years. And I know -- and I've been in the business world -- that businesses, they have disputes. And I'm going to be very honest: Businesses, they have disputes on charges, and that happens, that happens. When you have a contract and you've been charged, you dispute it. You say -- no, even when you're doing something in your house, you see. If the contractor tried to charge you for something that you -- Chair Russell: Understood. Commissioner Reyes: -- (UNINTELLIGIBLE) what are you going to say? So there's disputes, but -- Chair Russell: Commissioner, do you have a recommended time frame for repayment versus the three years for the 300,000? Commissioner Carollo: Upfront. The full amount upfront. I mean, look -- Commissioner Reyes: We can do it, half this year, half -- the first payment -- two payments, and that's it. Commissioner Carollo: What this says here is that after we give them what comes to maybe 26, 27 percent discount that they're only going to give us $77,000. And then each year, we have to approve them again for Ultra at Bayfront Park to get the next $77,000; otherwise, we will be waiving, if we don't give them the rent of the park, any other monies they owe us. So you explain to me how we're getting all our monies here. Chair Russell: Understood. If we get to a motion, we'll consider an amendment on that. Commissioner Carollo: If they want to come to this park so badly, let them pay this up, and then let's start negotiating, if you want, the next phase. But this is not the way any business or a city government should be doing business. Chair Russell: Thank you. Commissioner Carollo: Only in a city like this is this done. Chair Russell: Thank you, Commissioner. Let's move on to other items of potential dispute. Commissioner? Or not? Commissioner Hardemon: No. I just -- here in the wonderful City of Miami -- says -- I'm reading this. If the item is approved today, the first payment of 77, 000 will be paid within 10 days." "Will be. " "The remaining payments will be due by June I of each year thereafter, and there'll be no mediation of any remaining amounts. " Will be -- I guess that will be the difference between 308 and 475. Chair Russell: Correct. Commissioner Hardemon: So I'm trying to understand what the option is for them not to -- Commissioner Carollo: In the second paragraph, it says that -- Commissioner Hardemon: (UNINTELLIGIBLE). City of Miami Page 111 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: -- If that license agreement is not extended for any reason, the City would waive any remaining amount that may be due and not yet paid. " Chair Russell: It's a little in their favor. Commissioner Hardemon: Yeah. I mean, strike it. Commissioner Reyes: Strike that? Chair Russell: Well -- Commissioner Reyes: Then let's strike it. Chair Russell: So we'll put it on a list for potential amendments when a motion is made. Commissioner Reyes: That -- with -- let's strike it and make -- add something that said, "They will be responsible for the full amount, regardless of what happen. " Chair Russell: All right. Commissioner Gort. Commissioner Hardemon: Strike it. Vice Chair Gort: I have some questions about amendment that was made about the operating hours. Chair Russell: Yes. Thank you. And I apologize. Vice Chair Gort: I think I heard something about Thursday at 4 and -- until 3 o'clock and 2 o'clock in the morning. Mr. Napoli: Commissioner, those were the light checks. The actual operating hours for the event will be Friday, from 4 p.m. until 12 a. in.; Saturday, from 12 p.m. to 12 a. in.; and then Sunday, from 12 p.m. till 10 p.m. Vice Chair Gort: Okay. Chair Russell: Regarding the light checks, there was a potential proffer having to do with the directional angle of the lights with regard to how it affects residents in the area. Was anything proffered with regard to that, from --? Mr. Napoli: Not directly on that. I think maybe Ultra could speak to how they would do that, Commissioner, but -- Chair Russell: It was a concession I heard they were willing to make. Mr. Napoli: Right. Chair Russell: I didn't hear it get into -- Mr. Napoli: It is not in here, but they were going to work that, and they could perhaps discuss how they plan on doing that. Chair Russell: Got it. So I'll just add that to the list. Commissioner Gort, did that answer your question about --? City of Miami Page 112 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Vice Chair Gort: Yes, because I thought I heard something different, according to what I read before. Okay. Chair Russell: Thank you. Is there any further discussion before we --? Anything else from the Administration? Commissioner Reyes: Yes, I have another question. And I heard that we can -- I'm going to ask from Ultra, the restoration, it been always stated at 60 days. Can we lower it to 38 days? That's what I heard that we can -- one of the concessions (UNINTELLIGIBLE) restoration will be faster. Okay? Can we? Or can you commit yourself to lowering --? Chair Russell: I think someone from Ultra should be up here to -- Commissioner Reyes: Sure. Chair Russell: -- answer some of these questions. Ray Martinez: Yes, sir. Ray Martinez, with Ultra Music Festival. I'm sorry, Commissioner; if you could ask the question again? Commissioner Reyes: Yes. You take 60 days -- you know, that one of the main complaints is the park is closed, and restoration takes a long time. Can you lower it, lower it? And what I'm trying to do is get as much -- I mean, less time that the -- shorten the time that the park is not being used. Mr. Martinez: Correct. I think we can commit to 38 days. The only, you know, thing that we don't control is obviously other events that may come right behind us. Commissioner Reyes: If another event -- and while you are in the middle of restoration in the park, it is -- then I think that the proper thing for us to do is to give you a couple of days. If it takes you a couple of days, just make (UNINTELLIGIBLE). But -- I mean, I threw 38 days, but if you can do it in 30, that will be much better. Mr. Martinez: Certainly. We try to remediate as soon as possible. And usually, the last thing is obviously the sod. You know, the park is open at that time, so -- but we can commit to the 38 days. Commissioner Reyes: No longer than 38? Mr. Martinez: Correct. Commissioner Reyes: You're going to strive to do it faster? Mr. Martinez: Yes, sir. Commissioner Reyes: Okay. Chair Russell: Does that require an amendment, or is that as written, Madam City Attorney? That commitment to 38 days, does that require -- Commissioner Reyes: Yes. Chair Russell: -- an amendment? Commissioner Reyes: Requirement. City of Miami Page 113 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: Yes. That has to be placed in the agreement. Commissioner Reyes: Yes. Ms. Mendez: I believe it may have already been placed in the agreement. Chair Russell: That's why I'm asking. Ms. Mendez: It was already placed? Commissioner Reyes: Yes. We spoke about that last night. We were going to request that last night. Ms. Mendez: That needs to be specifically -- I know that it was discussed, but I don't know that it was specifically placed in there yet. Commissioner Reyes: Okay. Chair Russell: Thank you Ms. Mendez: But it has to be an amendment. Chair Russell: Thank you, Commissioner. Other questions for Ultra and/or the Administration? Vice Chair Gort: I'd like to hear it all again, all the amendments that's supposed to have been making. Commissioner Carollo: Well, I'd like to -- Chair Russell: Commissioner, just a minute. Commissioner Gort. Commissioner Carollo: -- finish what we had before on the monies owed to us, before we proceed further. I thought we were going to handle that first. Chair Russell: So what it looks like, that will be an amendment, if and when a motion is made, to strike this -- the payment schedule, and require all of it upfront; is that correct? Commissioner Hardemon: No. I think it was about the four-year commitment. If it's not -- Chair Russell: Is not waived -- Commissioner Hardemon: It's the second paragraph. This does not mean that Ultra's getting a four year license agreement (UNINTELLIGIBLE). No. The part - - It says, If that license agreement is not extended for any reason " -- Chair Russell: To strike that section. Commissioner Hardemon: -- "the City will waive any remaining amount that may be due and not yet paid. " Chair Russell: Thank you. Now, that is from a memo that's outside of this agreement, if I'm not mistaken? City of Miami Page 114 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: Right. There was -- there's going to be an agreement drafted to the effect, depending on the -- Chair Russell: So it sounds like there is -- Ms. Mendez: --conditions. Chair Russell: -- consensus to request a strike of that line, if this is approved. Ms. Mendez: So in other words, have a payment plan of the 308,000 over four years, regardless of whether or not there is a -- Chair Russell: Continuation beyond this meeting. Ms. Mendez: -- continuation. Commissioner Carollo: Look, I got a lot of things to do today that I could be doing while this whole charade is going on. This whole thing's been cooked already from the contract that people in the Administration were told how to write it, what to put into it, to everything else that's happening, including opinions that have been given. I'm going through this contract, and this is ridiculous. People are putting stuff in here that they don't know what is even put in here or not. First of all, Madam City Attorney, with all due respect, the only entity that legally can sign this contract is the Bayfront Park Trust. The City Commission could approve whatever it wants now and send it over therefor the Trust to consider approval, but that is the only entity, by law, that can approve it. And the best example that I could give you was back in '03, I believe it was, where Mayor Diaz threatened to cancel Ultra. It had to go through Bayfront Park Trust and the board voting upon it, which it decided not to at the time. Mayor Diaz didn't come to the City Commission, because he was told he had the authority, through the City Commission, to throw them out, because there was a contract that was made with Bayfront Park Trust. Now, the difference is in the wording that the City has with the Trust. If the Trust takes steps on its own that the City is not in agreement with, the City could request for cancellations, but the City cannot dictate to the Trust what it must do, and enter independently into a contract with anyone without it being the Trust that does that. Here you have, for instance -- and I know the tricks that are put in here, because I'm the guy that sat with them and heard them all, and heard them and heard them and heard them. On 4, premises, 4-1, Amphitheater: "Licensee shall not be required to pay any additional amount to the City or any other party for the use of the amphitheater. The City shall cause the amphitheater to be available to licensee during the use period, as described below, at no additional cost to licensee beyond the use fee described in Section 7.1. " Now, this will cause the Bayfront Park Trust to be in violation of their contract with Live Nation. I cannot tell you now if Live Nation has any acts that they have contracted with during that time, because I don't know on whatever dates they want to hold Ultra. But if they do have contracts, we're going to be in violation, because we cannot tell them, "No, you can't do that. " Secondly, in our contract in Bayfront Park Trust with Live Nation, Live Nation has a right to charge them, and the cost is approximately 250, 000 that they charged in the past. It might be a little less, but that's the approximate amount that they have charged. So that means that we are either going to be in violation of that contract, or we're going to have to pay it in addition for them; another big amount that's hidden in the contract. There's an additional loss ofsome $50,000 that the Trust is going to have in valet parking that is not covered here that we make. So now we're up to close to $300,000. So, you know, Mr. Manager, can you say that on the record, too, so that I could understand anything you want in Ultra on the record? City of Miami Page 115 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Just a moment, Commissioner. I'd like the City Attorney to be able to address your statement just now about who has the ability for decision-making on that site, because that's pretty key. Ms. Mendez: So it has been my opinion from the beginning of time that this Commission has the authority to do whatever it wants with Bayfront Park Trust. Unfortunately, Bayfront Park Trust is not sui juris; they cannot sue and be sued. The City of Miami is still the owner of that property, but Bayfront Park Trust manages on a day to day. But the main thing -- and it clearly says -- and as you know, the City Commission can abolish Bayfront Park Trust. It's just a management of day to day. And it says, "The Powers and Purposes and Duties of the Trust. The Trust shall have the power to do all things necessary to direct, manage, and maintain Bayfront Park Trust, subject at all times to City Commission approval and any existing contractual obligations. " So what you're talking about the contractual obligations -- You know the Trust best, and obviously, all this needs to be taken into account -- there's a big indemnity provision in this contract that's supposed to take care of all those things. However, I've always been very clear that this Commission -- I mean, I am the advisor to this Commission -- Commissioner Carollo: Are you -- Ms. Mendez: -- and I always give you the power, whenever I can, to do whatever it is that you want to do. Commissioner Carollo: Well, the City Attorney in 2003, when Mayor Diaz was Mayor, had a difference of opinion when he went to the Trust. Now, is this the same opinion that you have for the Virginia Park Trust; that we could do whatever we want there, too, the same way? Ms. Mendez: Yes. Commissioner Carollo: Okay. Ms. Mendez: It's just that you're the City Commission. And again, the Virginia Park Trust -- Beach Trust -- you have -- they're not sui juris; they cannot sue and be sued. It's notproperty that belongs to them. It's just the -- Commissioner Carollo: Then if you believe all that, then why didn't you say that when -- about a year ago, when I brought it first to the Commission to look at it, and I made it clear; this has to be approved by the board, because that's the way that it's supposed to happen? You never said anything against the board having to approve it then. Ms. Mendez: What I said was that -- and that's why we brought it to the Commission first, because -- Commissioner Carollo: No, no. Ms. Mendez: -- ultimately, you have authority. Commissioner Carollo: We brought it to the Commission first, because I didn't want the board to be blamed when it voted it down. Ms. Mendez: No. I understand. City of Miami Page 116 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: So I wanted the Commission to take whatever action it wanted, and I stated it on the record that whatever action it wanted at that time -- not this time -- I would go back and vote with the will of the Commission. Ms. Mendez: Understood, but -- Commissioner Carollo: So it was understood that the board was going to be voting on it, because it was supposed to. But all of a sudden, even though you're trying to convince me that this is the opinion that was always there, there is a new opinion. Ms. Mendez: No, no, it's the same opinion, because whatever the board decided -- that's why I wasn't concerned that you were bringing it to Commission first, because whatever the board decided, the Commission controls. That's why I had no problem with you bringing it here. Commissioner Carollo: No, no, no. Ms. Mendez: I understand there was a different reason, but -- Commissioner Carollo: It didn't control. The only way the Commission are controlling -- and I submit to you, because as you said on your concerns with the lawsuits, "Well, it's the best deal, you know, the payment with Ultra. Because there could be lawsuits, and we don't know how it'll end up in court. " Well, you could be sure there're going to be lawsuits and -- because I know that, and I want to protect this City to the fullest, then if the fix is on -- and it certainly is -- then I suggest that before this Commission does anything else, it dissolves the Bayfront Park Trust so that you could take it over completely, bring Ultra -- in fact, name it after Ultra. Take the Bayfront Park name away. Name it "Ultra Park. " In this way, you have one less cause when it goes to court, and the Mayor would be very happy, in particularly, and others probably would. Chair Russell: Is that a motion? Commissioner Carollo: You guys could make it. I'm telling you what needs to be done for -- Chair Russell: Understood. Commissioner Carollo: -- have less liability on this City. And I think I still have the responsibility to protect the citizens of Miami on liability like that as much as I can. Chair Russell: Thank you, Commissioner. Commissioner Carollo: But to go on this route -- Once this gets to a court of law, you're going to be in quicksand. Chair Russell: Commissioner Gort had asked for a list of all of the concessions that were -- that had been made since the last we discussed this on the dais. Can we list those and quantify it? Because I know there's others that haven't been mentioned with regard to the cancellation clause, the threshold for that, and some other things. Mr. Napoli: Yes, Commissioner -- Mr. Chairman. I'll read you the major changes from when this was brought to you before. In the last iteration, there was $1 million that we would provide in-kind credit for; that is taken out. There is no in- kind credit that they will be given, so the 2 million is in full. The -- it required a City of Miami Page 117 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 five/fifths vote to revoke. It no longer requires that; it's four-fifths. They -- the hours -- Chair Russell: For the cancellation? Mr. Napoli: For the cancellation, yes, sir. For the event hours, I went through those. Chair Russell: Yes. Mr. Napoli: There were changes in the event hours. The use period is reduced from 30 days to 28 days, and the total park closure, from 14 to 11 days. And what we read into the record earlier, those areas will not be closed. There is changes to the stages; one stage will be eliminated completely and another one will be redirected. The sound level was reduced from 110 to now 102. And there's low frequency base, which has always been an issue. They will tune each stage to reduce low and very low frequency base to minimize potential adverse impacts. Chair Russell: Thank you. I have a question about that last one, because they're willing to quantify the decibel, the general decibel reading, but as we know, the general decibel is not our issue; the base -- Mr. Napoli: (UNINTELLIGIBLE) base, yes, sir. Chair Russell: -- is the issue. They have stated they cannot or have not yet been willing to quantify what limit they will hold them to -- themselves to on that base, and neither have we held them to anything. It was brought to our attention earlier today on some documents that New York City actually does have base decibel - specific legislation that they hold their events to. I'd love for us to study that, because that's what we need in here, and that's a missing piece, and that really might solve a lot of the problems that our residents have. This is a good faith effort, but that last statement is simply good faith, and it's not something that they can bank on. So what we're being told is, if this gets approved today, let's cross our fingers that it's a better experience than what downtowners had in the past, and we'll see how it goes. I would love for us to be able to quantify that; I don't know why we haven't been able to. I know they're employing some of the best sound engineers in the world, but I see we're heading in the right direction. These are just talks that should have happened so long ago; even two years ago, we wouldn't be where we are now. There's a lot happening at the last minute here, and it's tightening up, it's getting better. I definitely give Ultra credit for being together with the residents. I know the Mayor's tried to work with them as -- in a capacity as a mediator for this, and I definitely give credit to both sides for that, but there are still some pretty serious concerns that don't have teeth. So are there any other items? Mr. Napoli: That's it, Commissioner. But -- Vice Chair Gort: No. Mr. Napoli: -- we can, perhaps, work with them to be able to quantify this. I can't state that right now. They do have, I think, their sound engineer here; perhaps they have some more insights on that. But we will work to quanta that in the final agreement. Chair Russell: Vice Chairman Gort. City of Miami Page 118 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Vice Chair Gort: Yeah. One of my questions was, Bayside has a problem getting people in. Mr. Napoli: Right. Vice Chair Gort: I want to make sure we do something. At the same time, I was told that the kiddy -- the kids will be able to use their playground. Mr. Napoli: Yes, that's correct, Commissioner. Vice Chair Gort: And that will be open to the public. Mr. Napoli: I want to make sure that that was one of the items (UNINTELLIGIBLE). Vice Chair Gort: I just want to make sure you put everything on the record. Chair Russell: So the kids playground was where the spider stage was that's made from the aircraft; that's being eliminated completely, is my understanding. Am I incorrect on that? Mr. Napoli: Yes. Yes, sir. Chair Russell: So that will increase access to the kids playground during the setup time, but obviously not during the event itself? Mr. Napoli: That's correct. Chair Russell: Other questions or items? Sam Dubbin: Commissioner, ifI could just interject? Its -- Commissioner Carollo: Can you -- Commissioner Hardemon: We're notfinished. Commissioner Carollo: -- wait for one second -- Commissioner Hardemon: Yeah. Commissioner Carollo: -- if you would? I want to read this into the record, Chair, if I can. It's quick. This is the Miami Herald; Tuesday, March 11, 2003. "He denied ever wanting the concert canceled, even though his office issued a news release titled, Mayor Manny Diaz petitions Bayfront Park Trust members not to issue a license musical festival promotors' -- `to musical festival promotors. "' So here you have a Mayor in 2003 that issued a press release based upon what he was told by his City Attorney at the time that the only way that he could cancel the Ultra Music Festival was through the Bayfront Park Trust, not through the City Commission. Chair Russell: Madam City Attorney. Ms. Mendez: I -- unfortunately, without having that contract -- Was that a contract that Bayfront Park Trust had entered into? Because if Bayfront Park Trust entered into it, it was a standing obligation; the Mayor has no veto authority there. It would have had to come to Commission to do something about that. City of Miami Page 119 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: But he wasn't asking -- Ms. Mendez: So I -- unfortunately, I don't know the contract. Commissioner Carollo: -- the Commission. He was asking the Bayfront Park Trust to take action. Ms. Mendez: Right. If it was a contract -- Commissioner Carollo: So what I am saying to you is, I don't know why you have a Trust any longer, because based on your new-found religion with Ultra and Bayfront Park, Bayfront Park Trust is nothing. It -- you know, anything it does don't matter. Ms. Mendez: I'm not -- Commissioner Carollo: The City could tell -- the City could say to the Trust to take any action and it's got to follow it. Ms. Mendez: -- saying that. I am saying that, ultimately -- Commissioner Carollo: You certainly are. Ms. Mendez: -- what I am saying is, ultimately, this Commission has authority over that property and that Trust. That is all I'm saying. Commissioner Carollo: On actions -- Ms. Mendez: I am -- Commissioner Carollo: -- that they take. But this Commission does not have the authority to say, "We're going to enter into a contract on anything in that property, " on its own will and institution, without the Trust having voted upon it. It has a right to deny actions that the Trust takes in contracts, et cetera, but not to say, "This is what you got to do. " Otherwise, why do you have a Trust? What's the reason for the Trust? Ms. Mendez: If this Commission can abolish the Trust by just three votes -- Commissioner Carollo: Yeah. Ms. Mendez: -- and if the Code section says that everything is at all times subject to the Commission, it doesn't make sense that I would say, "Sorry, Commissioners; you do not have the right to do anything you want on that land. " When -- the Trust can't even be sued. The ones that would be sued is the Commission, not the Trust. Commissioner Carollo: Of course. Ms. Mendez: They're not sui juris. They cannot be -- I mean, somebody can try, but we would dismiss it in a second, saying it's not the Trust; it's the City. Commissioner Carollo: Well, then you know what? We should dissolve the Trust. We should dissolve all the Trusts -- Ms. Mendez: But I -- Commissioner Carollo: -- including Virginia Key Trust. City of Miami Page 120 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: At the end of the day, this is your decision and -- Commissioner Carollo: Including Virginia Key Trust, okay? Commissioner Hardemon: Don't -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: -- threaten me (UNINTELLIGIBLE). Commissioner Carollo: The one that I made when I was Mayor; you weren't around. Commissioner Hardemon: No, I wasn't. Chair Russell: Thank you. Commissioner, your point is well taken. There is a dispute -- disagreement between Legal and Commissioner Carollo, but it's -- both sides are well heard. Mr. Dubbin: Could I address the statement that the Bayfront -- the Kids Park, the Tina Hills Pavilion, and the Dog Park would only be closed during the event? Because that's not what we were told. That's not what -- the agreement we were shown. Chair Russell: Can I get clarification on the closure time of the Kids Park, please? Because I know concession was made to remove a stage from that area to maximize access. Can I get a clarification? Mr. Napoli: It would be outside of the 11 days that the park is closed. Mr. Dubbin: They'll be open -- they'll be closed for 11 days? Mr. Napoli: Yes. Mr. Dubbin: Not during the event? That's the clarification that I wanted -- Mr. Napoli: Yeah. I'm -- Mr. Dubbin: -- to make sure everybody here understood. Mr. Napoli: That's correct. Mr. Dubbin: The implication was they would only be closed for the event, which is three days. Chair Russell: So it'll be closed during the event, inclusive of the 11 days? Mr. Napoli: Inclusive of the 11 days. Mr. Dubbin: So it'll be closed for 11 days. Chair Russell: Correct. Mr. Dubbin: Not just -- Chair Russell: Not just the three. City of Miami Page 121 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Dubbin: -- the three. Mr. Napoli: That's correct. Chair Russell: Thank you for clarifying. Mr. Napoli: That's fine. Mr. Dubbin: And there was another change to the definition of how much park -- how much of the entire park would be closed in the process of specking that those three parks -- those three small areas would be open, except for the 11 days, because the implication had been, In no event will the entire property be closed to the public for more than 11 days. " That was the prior language; suggesting, I think, to any reasonable person that a lot of that park would be open again after those 11 days. Now they're saying, "Hey, you got three spots that will be open otherwise, they have exclusive use of the park for the period of time they're ask for the use period. Chair Russell: Understood. Thank you for clarifying. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Hardemon: While we were doing public comment, I was looking up information about Bayfront Park, and like, I want to see how Bayfront Park had been used almost as an event space in the yesteryears of Miami. And just a quick search on my iPad, I was looking at some things. Its -- something called a "Bayfront Park" -- I don't know if you all remember this. I know I wasn't around; maybe Commissioner Carollo was, but I doubt it. Let's see. "The Bayfront Park Bandshell" in 1928. And so, at the time, I'm sitting there saying, "Well, what is a band shell?" And it talks about -- for instance, "Less than two years after the opening of Bayfront Park, the Miami City Manager recommended that the park require a larger bandshell to replace the bandstand that was constructed during the opening ceremonies for the park. " So in 1928, they had a band shell, but then the City Manager believed that we should have a larger one. That one was damaged when they tried to move it, but the new one was built in time for the Shriner Convention that began in May of 1928. And then it says that "bandshell basically saved Mia" -- "served Miami for 19 years before it was ordered to be torn down by the City Commission. " In 1947, it was condemned by the City engineer. And then it says in -- well, it says, "The replacement bandshell was built and unveiled in 1950. It was modern, larger, and provided better acoustics than the 1928 facility. It opened on the City's birthday in 1950. " So the second one was built by 1950. And so, I wonder what that looked like. And so, I found a picture of Bayfront Park of the band shell, circa 1957. I'm going to hold it up so people can kind of see what it looks. Chair Russell: Hold it that way. Commissioner Carollo: Well, if you want, I could tell you -- Commissioner Hardemon: No, no, no, don't tell me. Commissioner Carollo: -- what it looked like. Commissioner Hardemon: Let me just finish. City of Miami Page 122 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: I was there; I could tell you. Chair Russell: In 1928? Commissioner Hardemon: I know (UNINTELLIGIBLE) just blew up. (UNINTELLIGIBLE) it's beautiful, but the -- what I'm showing is like an event space that has a tremendous amount ofpeople back in 1957. And then I looked for another image of what -- the view of the band shell in Bayfront Park, and it showed Biscayne Bay and the Bayfront hotels, and how large the band shell was as compared to the rest of the park. And so, what it lead me to believe was that, you know, they used Bayfront Park really as a park, yes, but also an event space. And I know there was a lot of comment about these other world-class cities, such as New York City, and everyone kept calling Bayfront Park our "Central Park. " And I think -- I -- I'm a park kid. I didn't grow up on these -- on a Central Park, but I grew up in a place called "Charles Hadley Park, North Glade Park. " Right? All these different parks that were in areas that didn't attract as many people, but it was used to give us discipline, and things of that nature. But nonetheless, I don't think we have a Central Park yet, if we're going to have one. Right? But -- so what I found was this image of a concert -- whoever -- Anyone seen Paul Simon? Is it Paul Simon in concert? Paul Simon in concert at Central Park. So it's like a lot of people in Central Park. And so, what it just brought me to was that these spaces are, of course, spaces where people go for recreation, they go to relax, they go to have wine, they go to do a number of different things, but they also go for event spaces. They also go to have a good time. They also go -- and other cities are having similar events and spaces. And, you know, I think our responsibility is, especially, to ensure that these parks are preserved, that everyone has an opportunity to continue to enjoy those parks moving forward. But also, I want to kind of keep in mind that Bayfront Park is one part of the green space that is there on the bay. You have other spaces that are available to enjoy, to walk, during the time that -- even there's an event being set up on the bay. And so, you know, I think -- There was a young lady that said something on the record. She said, It takes courage. " And what she was saying was that it takes courage to vote on the behalf, as she put it -- as they would put it, like for the residents. It takes courage. I disagree with that statement. I think it does take courage, but I think it takes courage for us as Commissioners to vote on things when we're getting basically threatened by people in the community saying, I'm going to vote you out. You are corrupt"; all these things. And you still vote the way that you believe is the right way to vote. And I'll tell you, for all the people that spoke on the behalf of the community, saying they do not want this event, I think your arguments are compelling. I think there is a compelling argument, saying that, "Listen, this is a major event. It causes noise. It disturbs us, " XYZ. But I also think that those who spoke in favor of Ultra had a compelling argument as well, saying what it does for the City, what it does for our communities, the economic impact that it has, the jobs, the experiences. I think all those things are -- those are both compelling arguments. And so, we're on the side where we have to decide whether or not that this event should come back to this space, and I think when you hear both sides of that argument, it puts me in a position where -- although I respect both of your arguments; I think both of them are compelling, I can respect any Commissioner for voting each way, because I think both of them are righteous votes, vote for it and to come back and voting against it. But I do believe that for the benefit that the City of Miami is receiving for an event like this, the inconvenience that it has to our residents in the City of Miami, it can be outweighed by what's happening here, because what the City is getting I think is just that tremendous. And so, I think we - - you know, we roll out the red carpet for a lot of different things, and I see that that's going to come back for me. Someone's going to make a comment about rolling out the red carpet, but we roll out the red carpet for a lot of different events and things that happen in the City of Miami, and I'm not saying that we do that City of Miami Page 123 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 here. However, I do believe that the -- that this organization has been a partner for the City of Miami. I think they represented us well. I think that their impact is something that is special. They are not the Rolling Loud Concert. They're not anybody who's out just to make a quick buck and not necessarily give back to the City of Miami, and because of those things, because of those ongoing relationships that we will continue to have, I can support this item moving forward in this place that they're wishing to have it move forward. So I -- what I would do is I would move that we approve it, subject to some of the -- Chair Russell: Amendments. Commissioner Hardemon: --documents and the memo. I think I read something -- or I was told that there can be a change to the payment schedule for the outstanding fees, so they could expedite the payments, and then we can come to an agreement about the rest. And so, I think that's probably the best thing that we can do. Commissioner Carollo: So you're -- Chair Russell: There's a motion. Is there a second? Commissioner Carollo: There's a motion to approve what, Commissioner? Chair Russell: Approve Item RE. 4. Commissioner Carollo: Okay, the contract as stated, even though I just put on the record that in 4-1, if you approve it in this fashion, we are going to be in violation of the contract with Live Nation, and that we're losing -- and the contract is what they would charge separately. We'll be in violation of the contract with Live Nation in two ways. One, I don't know if they have any dates that they already have signed for the dates that Ultra wants. Secondly, it says here that Ultra doesn't have to pay them any money. They've always have paid them money. That's why they tried to get out of me the last time, and I said, "No, " and they agreed finally that they would keep doing what they've done in the past and pay the 2 million. But you guys are such great negotiators that you can't even get that done, what I did before. Chair Russell: Thank you, Commissioner. Commissioner Carollo: So the $250,000, if Live Nation doesn't get that paid by them, we're going to be in violation of that contract. Furthermore, the Trust is going to be losing another approximately $50, 000 in valet parking. So what are we going to be making out of this contract now? Chair Russell: Is that a rhetorical --? Commissioner Carollo: How much of that is going to be going now to the Virginia Key Trust? Ms. Mendez: There's nothing going to the Virginia Key Trust. It's supposed to be a 2 million fee to the City. Chair Russell: General fund. Commissioner Carollo: So -- Ms. Mendez: To the general fund. There's nothing -- I mean, that contract is -- City of Miami Page 124 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: -- again, even though always the money has been paid to Bayfront Park Trust since they've been there -- because that's the right entity to have entered into the contract -- the new legal opinion is that, "No. The money goes to the City directly. The City is the one that" (UNINTELLIGIBLE). Ms. Mendez: No, no, I did not negotiate that. That is up to you. Commissioner Carollo: This reminds me -- Ms. Mendez: That is up to you. Commissioner Carollo: -- of how Venezuela is being run these days. Ms. Mendez: No, no. That is up to you. Commissioner Carollo: You have the government of Maduro that got duly elected, and the central government decides that they have no say-so anywhere, and they're going to handle things, so. Ms. Mendez: No. You have that -- Chair Russell: Thank you. Ms. Mendez: -- the point is, you have all the say-so as a City Commission, so you determine where -- if you want a certain amount of money to go to Bayfront, you could de -- you decide that now. Chair Russell: At the moment it's general fund. There is a motion. Is there a second? Commissioner Carollo: So Bayfront Park Trust is a colony; that either they pay to the king or heads are chopped. Chair Russell: Is there a second on the motion? Ms. Mendez: There needs to be certain amendments to that motion, if this is being entertained. Chair Russell: There will be plenty of amendments, but I just need to see -- Ms. Mendez: Okay. Chair Russell: -- if we're even taking this up. If not, we can stop wasting our time. There's been a motion; is there a second to approve the Bay -- to approve the Ultra contract? Commissioner Reyes: I'll second it. Chair Russell: Seconded by Commissioner Reyes. Let's -- it sounds like we got a little more discussion to do here. Commissioner Hardemon: I think, if we're going to make any -- if there are changes that we want to make, we make the changes. You know, you make the motion stronger. You -- if-- it's up to us to decide how we want to move that money and the $2 million payment. If we want to have a million of those dollars, or any amount of it, to go towards the Virginia Key Beach Trust, or any of it to even be assigned to Bayfront Park -- I mean, it could be assigned to Bayfront Park Trust, City of Miami Page 125 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 the same $50, 000 payment or so. And those are things that we can do on this dais - Commissioner Carollo: Okay. Commissioner Hardemon: --you know, so. Commissioner Carollo: Commissioner, my main problem is that we're not following the process that we should be following. At the end of the day, it is the will of the majority -- Commissioner Hardemon: But this is what we did to Virginia Key Beach Trust. Commissioner Carollo: --for whatever reason. The majority wants to go one way -- that's the way democracy works. However, when we're going around it and around it, we come up with the, "No, no, no. You don't need four-fifths; now you could do it with three, " because Ultra knew they could never get four-fifths vote. So that was worked out so that it would not have to be four-fifths, and now it's three, because some judge might have made some statement that any attorney that's here is listening knows that is not law at all if a judge makes a comment that might have to do with this or not. The only way that you could look at cases as case law is if a judge makes a ruling in a certain way, and there's never been such a thing that any judge has made, so that's the first hurdle. And the second one is, "Well, Bayfront Park Trust, it's just a colony; they can't do anything, " even though, as I stated, history shows that even a former Mayor knew that that was the way to go. So now that's the problem that I have. If we would follow the process, and at the end of that process, a majority, for whatever reason, feels one way, that's democracy. Commissioner Hardemon: But is this not the same process that we follow when we push the event to the Virginia Key Beach? I don't think that their Trust -- Commissioner Carollo: No, no. Commissioner Hardemon: -- had decided at that time -- Commissioner Carollo: No, no. Commissioner Hardemon: -- to accept it yet. Commissioner Carollo: No, no, no. When we approved it, we approved it in the (UNINTELLIGIBLE) that stayed in there. I don't know what they did in the other area, or whatever they did. And if they didn't care to stand up for what was happening, that's their fault that they didn't do that. Chair Russell: Thank you, Commissioner. I see both sides of the argument. I do agree with the City Attorney that the City Commission has the ability to contract on any of our properties. It may be a courtesy issue to the boards that govern those properties for them to not have a say, but I don't see a legal issue. And last year, if I'm not mistaken, the City did the contract directly with Ultra, even for the portion that was on the Virginia Key Beach Park Trust, and then later an agreement was made with the Trust on what portion of fees came back to the Trust. I think that is something we will want clarity on. Whether we get that clarity today, if this is voted forward, with regard to where those funds are spent and how they're spent, because it is quite a significant amount to the City, and I think it should be used in a way that mitigates the effect of the event and also accomplishes our goals with regard to green space, with regard -- I mean, this is an event on our park. It's affecting the City of Miami Page 126 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 quality of life of residents here. Last year, part of its mission was to help with our efforts toward seeing the museum on Virginia Key Beach Park Trust realized, and I recognize that goal as well. We don't always agree. Sometimes we vote similar, and we still not -- don't agree on the reasons for why we're voting the same way, and that may be the case here. I have my own issues with this. I don't fully agree with the logic of how the contract needs to be structured through the Bayfront Park Trust. I'm with you on the three-fifths versus thefour-fifths issue. I don't like that we're able to be so malleable with our process and threshold for votes on this dais based on -- and it's just an assumption that four-fifths were needed to get it passed last year on Virginia Key and only three and -- but three-fifths would get it this year. It changes things. Commissioner Carollo: I'm sure a court of law is going to settle that. Chair Russell: I -- well, I think it's vague within our Code, within our procurement. I don't agree with the idea that simply because it earns more money that suddenly it jumps to a four-fifths, or because it covers more days, because we don't have that codified. We don't have a threshold that says, "Now it becomes a four-fifths. " We only have that for waiving procurement in the sense that -- We have specific rules for that. I think just saying that we're -- The jump to four-fifths may have been a mistake last year, in my mind, simply because this is a revocable license and -- Ms. Mendez: I'm sorry, because I -- since I'm getting hit today from all angles, I just want to say very easily why it was a four-fifths and now it's a three-fifths -- Chair Russell: Please. Ms. Mendez: -- and it's very simple. Judge Judy Ruiz had a case regarding Ultra. Okay? That case and the issues on that case were whether it was a violation of the Charter, whether it was a contract, whether it was real estate; all sorts -- whether it was a lease, et cetera. The issues as to why I thought that this hit a procurement threshold was because of the amount of time that the -- it was taking on the actual deal that it could be considered a conveyance in property, that it could be considered an exclusive use, and because of those reasons, it would hit a procurement threshold. Judge Ruiz, on this case, said that it was not exclusive, it wasn't assignable, it wasn't a conveyance, it wasn't an interest in real property; that it was revocable, and because it was revocable -- it wasn't even an agreement, it wasn't even a contract; it was a license, a revocable license which gave nobody any type of interest; thus, it wouldn't trigger the procurement options having to do with real estate, and that is why, right now, if this Commission decides to vote on a three-fifths, it is well within its right, because it is not a lease, because it's revocable, because you could revoke it at any time. If we would have done a five - five, then that's not truly revocable. This is a majority revocability; you have 60 days to do that. They have no interest in real property; zero interest in real property, and that's why, when Mr. Dubbin is throwing text messages about what I'm saying, whether is something a four-fifths or not -- We were talking about a multi-year agreement. Ultra wants a multi-year agreement. But Ultra knows very well that if they get a multi-year agreement, then, Mr. Dubbin, then it's subject to procurement, then you have to go through a whole bunch of hurdles. So you trying to turn things around about what I'm saying, or my opinion going back and forth, no. There has been a court case, which was won by the City, giving all the reasons why this is not subject to procurement, and that's the only reason why this is before you on a three-fifths. I will -- am ultra conservative. So until a courts -- now a Federal judge made a decision on all these things that I was having discomfort about, why am I --how do I know more than a Federal judge? So that is why this has changed. I just want to make it clear. I sent you a memo as to all the reasons why this is now not subject to procurement. I hope you understand. I'm trying to City of Miami Page 127 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 do the best thing by you for you to make the decisions, for you to decide what you want to do. If you do not want to enter into this agreement, it is still in your camp. Thank you very much. I just wanted to put that on the record. Chair Russell: I appreciate that, and you have given a written opinion to that effect. Commissioner Carollo: My dear City Attorney, while I disagree in your interpretation of what the good judge -- that's now a Federal judge, as you said -- stated, where in his final order, the one that's printed that everybody could look at and everybody goes by case law, does he state anything to the effect of what you're trying to interpret, in the actual written opinion when he ruled; in his ruling? Ms. Mendez: He says, again, "The exclusivity, assignability, conveyance, and revocable analysis I did would eliminate the success of likelihood on the merits. " So that is one of the things that he says about all the things that make it not -- that it's not a lease. He distinguishes that horrible case on Home -- on Speedway that Dubbin is always citing, the Homestead Speedway, that has to do with -- that a three-day, three-day thing makes it a lease. He distinguished that case as well. It was a very good -- I mean, obviously, we have the transcript attached to the order that he signs. But the point is that Mr. -- I believe it was Mr. Winker that -- Oh, he points in his -- also in his argument that we are not conveying any interest in real property -- Commissioner Carollo: But you're talking -- Ms. Mendez: -- to the licensee. The real property is what triggered my procurement aspect of it. Commissioner Carollo: You're giving me, supposedly, the arguments how you understood that he made them. I'm asking -- Ms. Mendez: No, no. This is the judge. This isn't argument. Commissioner Carollo: I'm asking -- I understand that. I'm asking directly in his order, directly in the order that he wrote. You're reading to me -- Ms. Mendez: His -- Commissioner Carollo: --from arguments. Ms. Mendez: No, no. This is his -- So he didn't type up an order. He gave ore tenus reasons why he was ruling and everything, and this is -- everything that I'm quoting is his words. This is not argument. I'm not -- no, I'm not using argument by the attorneys. I'm using his words to describe all the reasons why this is not a real estate -- a conveyance of real estate that would trigger procurement. He's saying, it's just a revocable license. It's not a lease, it's not a contract, it's not a conveyance in real property, and those are the things that trigger procurement. It's him saying it, not -- I wasn't, you know, quoting argument. Commissioner Carollo: I stand by what I said, Madam City Attorney. Chair Russell: Thank you. Thank you very much. Commissioner Reyes. Commissioner Reyes: Yes. I want to make clear that we have --well, I want to include in that contract the payment of the funds that are owed to us in an City of Miami Page 128 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 accelerated man -- way; that we shall get half of it as soon as the contract is signed. Do you agree with that, Keon? Chair Russell: Commissioner Hardemon. Commissioner Reyes: Half of it as soon -- I mean, the date that the concert ends; that way, we don't have any, any danger of -- no extending the license next year and losing the -- Chair Russell: You're saying the total amount will -- Commissioner Reyes: The total amount is going to be in two payments. Chair Russell: But all in the one year. Commissioner Reyes: All in the one year. Chair Russell: Because the original amendment that was suggested was simply striking the language that lets them out of the future payments if it's not renewed on a future basis. Commissioner Hardemon: Yeah, because that was the original thing; and then, I believe there was another offer that was better than that one, and I think the Commission is trying to improve -- Chair Russell: How about a combination of the two, then? Commissioner Hardemon: Yeah. Chair Russell: So an accelerated payment, without an escape clause. Commissioner Reyes: Without escape clause; no escape clause. Commissioner Hardemon: I mean, look, we can present -- up here, we can say -- Chair Russell: They're all here, right? Commissioner Hardemon: -- "Give it all to me," right. It's up to them, you know, whether (UNINTELLIGIBLE). Commissioner Reyes: Let's ask them and see if they -- Vice Chair Gort: You want the contract? Miguel De Grandy: Could you restate what the offer is, please? Chair Russell: Please introduce yourself. Mr. De Grandy: Oh, I'm sorry. Miguel De Grandy again -- Chair Russell: Representing Ultra. Mr. De Grandy: -- representing Ultra. Ms. Mendez: He has another check for us today. Vice Chair Gort: Cashier's check. Cashier's check. City of Miami Page 129 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. De Grandy: But I guarantee you, if I write it, it will bounce. Let's move on. What's the offer? Commissioner Reyes: The offer is -- Chair Russell: An accelerated payment -- Commissioner Reyes: -- payment; half at the -- Chair Russell: -- with no escape clause. Commissioner Reyes: -- beginning, as soon as the contract is signed -- Mr. De Grandy: Or 10 days after the contract? Chair Russell: Yes. Commissioner Reyes: -- that 10 days after the contract, and 10 just when the event ends. Mr. De Grandy: 10 days after the event then. Commissioner Reyes: 10 days, I mean; and the rest, 10 days after the event ends. Mr. De Grandy: That would be acceptable. Commissioner Reyes: That would be acceptable? Mr. De Grandy: Yes. Chair Russell: All right. Commissioner Carollo: How can that be acceptable, counselor, when you're not an owner of Ultra, you haven't discussed it with your clients? You were just asked this and you've accepted. Mr. De Grandy: Sir -- Commissioner Carollo: You don't have the right, before you speak to your clients, to accept that, because you don't know if your clients are going to accept that or not. Mr. De Grandy: Sir, sir, may I? Commissioner Carollo: Yeah. Mr. De Grandy: You may have missed when I discussed it with my client. I don't make statements that aren't -- Commissioner Carollo: Well, he just asked this right now for the first time. I mean, there were discussions here, but he asked this for the first time now. Mr. De Grandy: Commissioner -- Ms. Mendez: And half of what? I just want to (UNINTELLIGIBLE). Half of 475, or half of 308? City of Miami Page 130 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. De Grandy: The 308. Chair Russell: Half of 308. Commissioner Reyes: Half -- but I -- yeah. Commissioner, I said it about four minutes ago when I first started making the amendment. I mean, it was not the first time that I mentioned that. I don't know if he's talked to him, and I don't know what authority he has. Commissioner Carollo: But it doesn't concern you, what I said before; that in this contract, they're requiring us to give them the amphitheater at no cost, when we don't even know if those dates have been sold already or not? And we would be in breach of the contract if we agree to this. And furthermore, we would be in breach of the contract if we agree that they get the amphitheater at no cost, because they're going to charge some 250, 000 or so for that. Chair Russell: You've made that point. But I believe we should take Mr. De Grandy -- Commissioner Carollo: But it seems nobody worries about it Chair Russell: I think we're good. Commissioner Reyes: We have to follow what the City Attorney says, you see. I mean, if she is wrong, we're going to pay dearly. Chair Russell: All right. We're clear. These points have been made; they're on the record. Mr. De Grandy, we take -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: --you at face value that you represent your client -- Mr. De Grandy: That's correct. Chair Russell: -- and that they will be bound by whatever you promise here today; otherwise, this whole thing will be void. Mr. De Grandy: That is correct. Chair Russell: So I think we're okay there, too. And so, there is no need for an escape clause amendment simply because they're paying the entire settled amount basically upfront. Thankyou for clarifying. Are there any other questions for --? Vice Chair Gort: My understanding, we have an indemnity clause, also, agreement? Ms. Mendez: Yes. We have an indemnity hold harmless -- a very robust indemnity hold harmless that actually was taken from Commissioner Carollo's, two agreements ago. Chair Russell: Meaning that if we are sued by another entity -- Commissioner Carollo: Don't take anything from me; just put down what you want. You should go back to the original contract that the colonel wrote; that we would pay a million bucks for the police, and I don't know what else -- or, you know, I think we were going to end up with maybe half a million dollars, but -- you know. City of Miami Page 131 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: No. We're going to get $2 million, and they better come up with $2 million, and pay for whatever expenses are. And besides that, I want to add, also, that I want to see local, local businesses being employed by you and used by you, and local labor be employed by you. Commissioner Hardemon: Now, you're saying "loco, " right? You're saying "loco. " Chair Russell: Not "loco"? Commissioner Reyes: I'm saying "local, " because you have to be local -- Commissioner Hardemon: Loco. Commissioner Reyes: -- to be loco. Commissioner Hardemon: Precisely. Ms. Mendez: L -O -C A -L, just in case. Chair Russell. Thank you very much. Are there any other questions for the Administration? Commissioner Gort -- Vice Chairman. Vice Chair Gort: No. I think we had enough questions. I've heard both cases, and we have a lot of events throughout the City of Miami; that they don't produce the jobs or the funds that we're going to produce in here. I think we could make some more amendments to make it a lot better for the neighbors, the immediate neighbors next to it. Let me give you one example: Critical mass. I don't know how many of you have been caught in a critical mass on the last Friday of the month. We had to pay for the police, we had to pay for the protection, but we had to put up with the nuisance, too. We have all kinds of festival throughout our neighborhood that doesn't produce any income for the City of Miami, but a lot of cost to us. I have a good gentleman that had a lot of respect for it, and he doesn't believe this is a good deal; that it's bad for the residents. We here elected, and we keep saying, "We're elected to protect you residents in the City of Miami." And we're looking at all of the City of Miami. I mean, some festival that we have -- or events that we have affects the -- certain neighborhood, but it benefits all of the City. This is an event that I understand affects certain neighborhoods, but there's a lot of benefits; employment they're going to create, the amount of jobs they create is very important for this, so I'll be voting for it. Chair Russell: Thank you, Commissioner. Vice Chair Gort: Okay. Mr. Dubbin: Mr. Chair -- Chair Russell: Is there -- I'm sorry. Who was asking? Mr. Dubbin: Sam Dubbin for the DNA. You mentioned before that I would get a chance to address the four-fifths vote requirement. Chair Russell: I did? Ms. Mendez: You -- Mr. Dubbin: Yes, you did. You -- City of Miami Page 132 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: I thought we just did, though. Mr. Dubbin: You said that I would get a chance to address it after the break, when you -- when I didn't get my full eight minutes before. Commissioner Hardemon: You got like 12 minutes. Mr. Dubbin: Since the City Attorney has -- Chair Russell: I -- Mr. Dubbin: -- also, you know, made representations, which I, frankly, will tell you were not accurate about the case and about the law, and about what it means; about what the -- what her texts say, misrepresented those. I mean, you know, this is a serious issue, as you said. Going back and forth at the whim of, you know, the amount of money that a concert is going to bring in to change your procedure for -- creating catastrophic damage against 10,000 -- at least 10,000 residents downtown; that should be taken with a lot of care and a lot of seriousness. And when Ms. Mendez and her colleagues were talking in May about a one-year agreement that would require a four-fifths vote, which is what her texts say, in May, two months after Judge Ruiz's decision, based upon the principles that there is no schedule for this, and therefore, it creates an issue, then that starts to tell you how you're being misled by your City Attorney about what's required here. Commissioner Hardemon: But Mr. Dubbin, I don't understand. Right? Here you are -- Victoria Mendez is an attorney. She comes up with opinions. She has a slew of attorneys that work for her that also have opinions. Many times, their opinions are not the same as her opinion. Yet, the City Attorney's Office usually comes out with an opinion that it has; sometimes, it's one that she agrees with; sometimes, it may be one that she doesn't. I'm not, you know, in the office, but what I'll tell you is that her opinion was different from the Judge. She always said that it required a four-fifths vote. Many people didn't agree with her; however, it was to your benefit when she did. A Judge said, "No. It's my opinion it doesn't require four-fifths." The email that you read off was a conversation between many different lawyers about their opinion. Everybody has the right to come up with an opinion. Mr. Dubbin: But the case -- Ms. Mendez: Right. But in this case, he's -- because now -- I want the Lotto numbers, by the way, Mr. Dubbin, if you know what that conversation was about. But basically, we're talking about what it -- Mr. Dubbin: I only know what I would produce. Chair Russell: One moment. Ms. Mendez: -- a multi-year agreement versus a one-year agreement. It was not talking about -- if it's a multi-year, obviously, obviously, it requires four-fifths, and that's what he is twisting around in order to give whatever opinion he wants to give. if Mr. Dubbin: Can I quote your texts that were produced by your office to--? Ms. Mendez: You already did quote the text. Mr. Dubbin: I didn't quote the whole thing -- City of Miami Page 133 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: In answer -- Mr. Dubbin: -- and as to -- Ms. Mendez: -- I have the text. I pulled it. Mr. De Grandy: Mr. Chairman, Mr. Chairman, if I may? Chair Russell: Mr. Dubbin -- and I apologize. You did have the full eight minutes. You did use the full eight minutes. You didn't get to finish. Mr. Dubbin: Then let me address the -- Chair Russell: The numbers were -- Mr. Dubbin: -- accusations that have been made against me, and to, frankly, advise this Commission about what the law really is here about the four-fifths vote, because— Mr. De Grandy: Which we disagree with. And I can tell you -- Mr. Dubbin: Listen, you -- Mr. De Grandy: -- and we could get into a debate that could last for hours on this. Mr. Dubbin: But I think you need to at least have your facts correct. And the -- Commissioner Hardemon: But that's -- Mr. Dubbin: -- Homestead -- the Ultra case on Virginia Key had nothing to do with a three-fifths vote; it had nothing to do with a four-fifths vote. We had always maintained that you are conveying an interest in real -- in public land that was governed by the Charter, 29A, 29B, and 3F, as to what -- Ms. Mendez: Which, says Ruiz, that there was no interest in land. What is the point? So it's not (UNINTELLIGIBLE) procurement. Mr. Dubbin: I think you know what -- listen. You're the City Attorney. They'll do what they want to do. Commissioner Hardemon: No. We'll do -- Mr. Dubbin: I think they're entitled to know what the law is. And that was the issue raised in the Virginia Key case. Is this governed by the Charter? And the Homestead Speedway case -- the City Attorney is right -- three days. The Third District Court of Appeal, in a published decision by the Appellate Court that is binding on this City and these Courts, said that exclusivity conveys an interest in real estate, and therefore, the Charter governs. And they nullified the agreement that was not subjected to the requirements of the Charter. Commissioner Hardemon: Mr. Dubbin -- Mr. Dubbin: The -- Commissioner Hardemon: -- the thing about it is this: I -- if there was binding -- if there was a bind -- if there's binding case law, I have no doubt in my mind that this City of Miami Page 134 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 City Attorney would introduce it to us and say, "You can't do it. This is binding case law." You -- Mr. Dubbin: I just heard her describe it -- Commissioner Hardemon: No -- Mr. Dubbin: -- as a horrible decision, which means she doesn't like the result, because the result says that you have to -- Commissioner Hardemon: -- because we know that binding case law is binding. Right? Mr. Dubbin: Well, it -- Commissioner Hardemon: And so -- Mr. Dubbin: -- gives it -- Commissioner Hardemon: -- what that means is that we must follow it. And so -- Mr. Dubbin: (UNINTELLIGIBLE). Commissioner Hardemon: -- it's still binding. If her opinion to us is that this -- is that the three-fifths can be -- I've disagreed with her on many occasions about things. Mr. Dubbin: Ask her if -- Commissioner Hardemon: But I don't -- Mr. Dubbin: -- the Homestead Speedway case is binding. Commissioner Hardemon: Well, we don't have to ask her anything. She's given us her professional recommendation; you're telling us yours, but you're hired and paid by someone who does not -- who has a different interest than what she does. Her interest is to protect the interest of the City of Miami. Your interest is to protect the interest of the DNA. It's different. It's different. Mr. Dubbin: I understand. But you ought to be going on accurate facts and accurate characterizations of what happened in that case. In that case, the judge did say it wasn't an interest in land, because there was no exclusivity. He literally said, "People can go to the beach all the time. " This contract has exclusivity for at least 11 days. Now, if the Homestead Speedway case was -- three days of exclusivity meant it was a lease and an interest in land, and subject to the Charter, I would submit that 11 days of exclusivity here is an interest in land, a lease, and subject to the Charter. The four-fifths requirement had been the City Attorney's way to circumvent the actual protections of the Charter; which, by the way, would require competitive bidding, appraisals, and the payment of fair market rent; that's why that Charter provision is there; so the people like --folks like Ultra can't just come along and offer a little bit of money here to all these people and say, you know, "Come on, we're going to make things better here. " No. The City is entitled to fair market rent for its public land when it's -- when that interest is conveyed, and that's what the Homestead Speedway case said. To then extrapolate from that, and she's going to now go from the way she was circumventing the Charter with a four- fifths vote to saying, "Now you don't even need a four-fifths vote" -- I had been asking for -- a request. I got an opinion today about an hour ago, which I City of Miami Page 135 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 requested, because I was told by a reporter that there was a memorandum from the City Attorney's Office, and it was written by Mr. Suarez -Rivas, and it contradicts the proper legal opinions he'd previously given. And he cites provisions of the Code, which do not say that this is subject to a three-fifths vote. In fact, they say it's subject to a four-fifths vote. So I am suggesting to you that this is a very serious issue, and the -- Chair Russell: Thank you. Mr. Dubbin: -- Commission would be committing error to try to pass this with a three-fifths vote. Chair Russell: Mr. Dubbin, I think you'd agree that I've given sufficient additional time for you to make that point -- Commissioner Carollo: I -- Chair Russell: -- and I was happy to allow you to have it on the record. And I knew that Commissioner Hardemon, even though he disagrees with you, always enjoys a vigorous legal debate. Commissioner Carollo: -- do have one question -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- of Mr. Dubbin. Mr. Dubbin, the Judge that has been cited here as to recent -- of going with a three -vote majority instead of the four - fifth, didn't he rule based upon that the plaintiff did not have standing? Mr. Dubbin: That -- Commissioner Carollo: Isn't that what his findings were? Mr. Dubbin: -- he -- that was definitely one of his rulings. He then went and offered what most lawyers would consider an advisory opinion to say that it wasn't covered by the Charter. But he -- that decision of his, because of the -- because there was no exclusivity in the Virginia Key agreement, that is a difference between the Virginia Key agreement and the Homestead Speedway agreement, and this agreement. These have exclusivity. These are not, you know, what the -- your rules had previously been. You know, you have a system and a charge for what people pay for land, and if someone wants to -- if there's going to be a deviation from that, that's what triggers these rules, and that's what Mr. Suarez -Rivas said. And if you're using it for something that it wasn't built for -- he literally uses the example of if it was a public park -- Commissioner Hardemon: But that was an event space. It's not a -- since 1928, it's had a concert venue on it. Mr. Dubbin: And my client is more than happy to have one -stage concerts all the time. Did you see pictures of seven stages, blasting 102 decibels? Because that's what's happening now, and that's more than an inconvenience -- Chair Russell: Thank you, Mr. Dubbin. Mr. Dubbin: --that -- Chair Russell: You made the point. City of Miami Page 136 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Dubbin: -- that's damaging the health. And Commissioner Gort asked if the indemnification covers the City's liability for the health injuries for the people who live approximate -- Chair Russell: Mr. Dubbin -- Mr. Dubbin: -- because that's -- I think that's one of the concerns that the City -- you know -- ought to have. Chair Russell: Thank you. You've made your point, and I think what you've basically reserved is set up; is if there is legal cases beyond this, you've put it on the record. This Commission is going to follow the advice of our City Attorney in making our vote at this point. I just want to know if there's any further discussion from the dais on this before we move forward. Commissioner Carollo: Yeah. The moral of the story is, if you got sufficient money, you could do just about anything you want. And residents, they don't count. For me, the easy way would be to have gone along with Ultra way back. You could be sure that it would have been a lot more favorable towards me. I didn't do that, because even though the residents in that area that were mainly affected, they don't vote for me, they're not in my district, I felt that I had an obligation to also represent them, because I do represent all of Miami. And my vote today is going to be based on principle; not on what's good for me politically, or otherwise. And I'm really ashamed of all the false reasons that I've heard today of why we're going to be reaching the decision that's going to let Ultra come in again. Chair Russell: Thank you, Commissioner. Commissioner Carollo: This is the same Commission that, a year ago, voted 5-0, against it; the same Commission. Now, the sky is falling. Miami is going to be destroyed quicker, and the oceans and -- are going to come into our streets if we don't bring Ultra back in there. Commissioner Reyes: Mr. -- Chair Russell: Thank you. Commissioner Reyes: --Chair -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- I want to clarify some -- clarify something; that I don't -- I'm not voting for Ultra because I'm receiving any money. I am not voting for Ultra because I have any personal benefit on it. I also have a responsibility for the City of Miami for the work -- amount of work that have been created; others might not believe on it, but economics dictates that if 55,000 people comes to the City of Miami for three days, and let's say that they spend $200 a day, that represents $49 million; a multiplied effect, it is three times that. And if every $80, 000, you create a job, that is over thousand dollars -- or jobs that have been created. And that is -- those are facts; those are proven facts, you see? I am not driven by any interest. I take offense on that. And I want all of you to know that I have met with both parties. I met with residents from the --from Biscayne Boulevard, and I was asked to mediate. I was asked to talk to Ultra. And they told me, and I said "Well, if they agree that then it is all right. " I was asked, and they started agreeing, and they started getting into -- I mean, making concessions. Another thing that I have to tell you is this, you see. Another thing that I have to tell you is this: That concessions were made because we asked for them. And if you make history, when it was voted, City of Miami Page 137 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 and I was one of them that voted to kick them out of Biscayne Boulevard -- of Bayfront Park -- was because they didn't sit down, and they didn't made any concession for -- I mean to the neighbors. And having said that, you see, I'm ready to vote. But I don't like any implications that -- Yesterday, there was a person on the radio that were accusing you and I of taking -- I mean, that we vote some way because we received contributions. You see, there is no money in this world -- there's no money in the whole world that could sway me to vote against my principles, what I believe. I believe that we can give them a chance, we can and -- that's a question that I said. One is, Ultra and the (UNINTELLIGIBLE) find a possibility for Ultra and the residents to coexist and benefit the rest of the City of Miami. Thank you. Chair Russell: Thank you, Commissioner. Commissioner Hardemon: Mr. Chairman -- Chair Russell: I have one last question, please, with regard to any -- is there an amendment needed with regard to waiving the park usage limitations, and does that need to be stated on this? Ms. Mendez: Yes. So if there -- and if there's going to be a motion on this, there needs -- Chair Russell: There already is. Ms. Mendez: Okay. Chair Russell: There's a motion and a second. Ms. Mendez: So there needs to be three changes. All the -- obviously, all the amendments, as stated on the record. There needs to be a clause to negotiate and execute any -- all other agreements regarding the monies that are owed. And then, you need, as you just stated, the provision of waiving the 85 percent utilization of the park space. That waiver, that could be done by City Commission, because we don't know if the park, based on the days that it has big events, whether or not that timeframe is utilized, so I don't know, so you would have to waive that. Chair Russell: Does the mover and seconder agree with those amendments? Commissioner Hardemon: Yes. And Mr. Chairman -- Chair Russell: Yes. Commissioner Hardemon: -- two things. One, I know that we've made a commitment to bring funds to the Virginia Key Beach through the Trust, for funding for their operations and building their museum. I think that I'm amenable to deciding an amount to contribute of the $2 million in fees, but I would have them paying any of those -- any of the $2 million to the Transportation Trust Fund. So I would be amenable to a million dollars going towards further operations of that facility that needs to be built; that's first. And then, also, I want to make a comment based off what Commissioner Reyes says. And I try to stay away from this sort of thing, but it's -- I mean, it's obvious that when people -- I think people lack courtesy when they make comments about individuals, especially those who serve in public life. And the comment that someone is voting for something because they have a campaign contribution, I think it's hogwash. I will tell you that my mother has invested more money in me than any person -- or any person has ever invested in me in my entire life, in anything I want to do in life, and I barely listen to the things City of Miami Page 138 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 that she tells me to do. So if I don't listen to my mother, I'm certainly not listening to anybody who represents a corporation. But other than that, I think if we make the amendments that you -- that were just spoken about -- the $1 million towards the Virginia Key Beach Trust for the operation of the museum, and the waiving of the money that's supposed to go into the Transportation Trust Fund, then I'm fine with it. Chair Russell. Waiving of the Transportation Trust Fund, as well? Commissioner Hardemon: Right. Ms. Mendez: Right. When you get any -- Chair Russell: Understood. Ms. Mendez: Okay. Chair Russell: I know how it works. Ms. Mendez: All right. Amend -- Chair Russell: Does the seconder agree with those amendments? You're the seconder. Do you agree with them? Ms. Mendez: The only other thing that I -- unfortunately, I have not been able to speak with the Executive Director of the Bayfront Park Trust; I don't know if the Administration has. But Commissioner Carollo brings up very valid points of existing contracts. I know that there is an indemnification provision; the same situation that we had with Rapture. Your client is footing the bill for any type of contract that the Trust may have that may be in conflict. Chair Russell: I don't believe that's negotiable in the moment. That should be in the agreement, correct? Ms. Mendez: Well, but they -- Vice Chair Gort: That's correct. Ms. Mendez: -- have to accept it. They have to accept it, because I'm not -- Commissioner Carollo -- Chair Russell: The indemnity. Ms. Mendez: -- is saying that there may be -- Commissioner Reyes: Mr. -- Ms. Mendez: -- contracts that we're messing with. Chair Russell: But my understanding is the agreement before us, with all the -- all of the clauses that are in there have already been agreed to by them; am I incorrect on that? Ms. Mendez: They have, but I need to -- Chair Russell: You want clarification. Fair enough. City of Miami Page 139 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: -- I need on that issue, on that specific issue, because the last time we specifically wrote in that there could be a contract dispute on the time -- remember Rapture back then? Chair Russell: Yes. Ms. Mendez: And they took it on. But Commissioner Carollo's bringing up a very valid point that we need to address, and I don't know that anybody specifically -- Chair Russell: I agree. I believe it's already clear, though, and it's important. Ms. Mendez: Well, I -- Commissioner Reyes: Chair? Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. And as I remember, last time, when they went to Key Biscayne, we encountered a similar problem -- Ms. Mendez: Exactly. Commissioner Reyes: -- we -- and it was resolved. And I think that we should be concerned about what Commissioner Carollo is saying -- Ms. Mendez: Yes. Commissioner Reyes: -- and that the other events that they had a contract with us. Ms. Mendez: Right. So the two main issues are any potential conflicts in contracts, and the Live Nation; the main point on the Live Nation that was brought up by Commissioner Carollo on those two issues, that is nothing that we discussed before. Mr. De Grandy: We plan to -- Chair Russell: Mr. De Grandy. Mr. De Grandy: -- work with both the City, with Live Nation, and with the Trust. We're not going to pick a date at which they have an event, and I think that solves the problem. Commissioner Carollo: As well -- Ms. Mendez: I'm sorry; what? Chair Russell: "Do you agree with the indemnity clause?" is really the question. Vice Chair Gort: Yes. Mr. De Grandy: Yeah. Unidentified Speaker: Yep. Vice Chair Gort: That's part of the contract. Chair Russell: Yeah; that's why I'm saying it should be in this -- City of Miami Page 140 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Well, that's part of the issue in this one, on 4-1; the other one is that you approve this the way that it's written, and they trick you on that, because— Mr. De Grandy: And answer is 'yes. if Commissioner Carollo: -- none of you knows about that. Chair Russell: Okay. Thank you. Commissioner Carollo: It says here, "Licensee should not be required to pay any additional amount to the City or any other party for the use of the amphitheater. The City shall cause the amphitheater to be available to licensee during the use period as described. " Now, they're -- if we're giving them a contract that says they don't have to pay, and we have a contract with Live Nation that says, "Anybody that uses that has to pay," and they'd be paying some -- between 230, 250, 000 in the past -- I don't know what Live Nation were charged now -- then we're in violation of that contract. Ms. Mendez: Right. And that is why -- because you have brought that up, Commissioner, and I thank you. That is why we're asking Mr. De Grandy to state on the record -- Chair Russell: As he has, through clarification, yes. Ms. Mendez: -- that he will handle this Live Nation potential fee conflict and -- yeah. Well, we need to hear it again -- I'm sorry -- and any conflicts, like we did with the Rapture situation. Mr. De Grandy: We will indemnify in terms of -- Commissioner Carollo: The -- Mr. De Grandy: -- a lawsuit on that, yes. Commissioner Carollo: -- other one is, so that when you go to the TV station and say, "We're getting $2 million, " you could subtract some additional money out of that. We have some $50,000 that we normally make during that time in valet parking that we do there. So if you don't -- you want to lose that money, you want to give it free, too, to them, you guys decide. But -- Ms. Mendez: Mr. De Grandy -- Commissioner Carollo: -- I have to bring it up to you Chair Russell: But we'll be able to carry out valet parking. Commissioner Carollo: No, no, no, because they will be taking over that whole area. Ms. Mendez: -- can you address that $50, 000 valet fee? Chair Russell: So -- Mr. De Grandy: We think that we have an agreement within that $2 million, Commissioner. I mean -- City of Miami Page 141 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: For what? Mr. De Grandy: Excuse me? Chair Russell: The question really has to do with the -- it's more about the actual logistic of the valet parking. If the Bayfront Park Trust has handled this in the past and it's been a revenue source, do you have another source in this case for valet parking, or do you intend to look to the Bayfront Park Trust for that same service? Mr. De Grandy: That -- our understanding is that is covered within the $2 million fee. Chair Russell: Who is going to do the valet parking? Because -- did you get paid through Ultra in the past -- Mr. De Grandy: We're talking about a revenue loss -- Ms. Mendez: (UNINTELLIGIBLE). Chair Russell: -- or by --? Mr. De Grandy: -- Mr. Chairman. Commissioner Carollo: We will be losing that amount during that time. This is what the Executive Director stated to me on that. Vice Chair Gort: Maybe it should go to Bayfront Park. Commissioner Reyes: Well, we should -- Mr. -- Chair Russell: Right. It's been stated, their position. Ms. Mendez: Well, the valet fees that he's bringing up are not like a line item in this agreement. Commissioner Reyes: Find out. Chair Russell: Agreed. Mr. De Grandy: That has always been -- our understanding -- covered within the $2 million fee. If they are not doing valet parking, they are not expending resources. So the issue is, what would be the delta between what they would expend in resources to effect valet parking and what their profit margin would be? I don't even know what that number is, but it's de minimis -- Commissioner Reyes: Mr. -- Mr. De Grandy: -- and it is covered by the $2 million fee. Chair Russell: Understood. Commissioner Carollo: Oh, okay. Commissioner Reyes: Let me -- Commissioner Carollo: Well, then they tell us what is covered, what is not. City of Miami Page 142 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: No, what -- Commissioner Carollo: You know, this is ridiculous that we're negotiating with people that they're telling us what they're going to accept, what we have to put in a contract, and we're here, like school kids, accepting anything they tell us. Now, if you guys really want to bring all this money to the City of Miami, the -- all the jobs and everything else -- I tell you what, I could bring in probably another three, four major, major concerts, almost as big or bigger than them; that we could have one every other month if you want. Let's shut down the park the whole time so that we make it into a mega concert park, and then you could bring all this joy to all these hotel people. The hotel, they could be so happy, jumping for joy. We could have our hotels full -- that we do in winter, anyway -- and we could have all of these jobs and all this money that comes to our community. Chair Russell: Commissioner Reyes. Commissioner Carollo: Or is it that we only have to do it for Ultra? And that's my question. Does this Commission want to do something like this only for Ultra, or can we bring other groups that would not be as noisy as them -- they would have noise -- that could bring in as much as they do to the City? Vice Chair Gort: Yeah. Chair Russell: Commissioner, thank you. Commissioner Reyes: Commissioner, if you have somebody that is going to bring that, bring it on, and then we will analyze, and see what we can do. I'm -- but Commissioner Carollo is referring is the loss of income -- it's not the rent or anything -- the loss of income for the Trust, due to the event, if that was going to -- is going to be taken care. It's not rent; it is loss of income, okay? Mr. De Grandy: I understand. And that -- our understanding is it is covered as part of the $2 million fee. Chair Russell: Understood. Mr. De Grandy: We've done a holistic deal, if you will. We have made concessions. We have tried to accommodate residents as best as possible. We have eliminated stages. All of that is part of a total package negotiation. Commissioner Carollo: Counselor, look, when you say you've made concessions, come on. You're not dealing with school kids here. You asked for the world. The Administration gave you the world. So then, you could come back here, and they tell you, "We're going to lower some of that pie in the sky that we asked for, so we could claim we made concessions. " What they've asked for, they never got before. Chair Russell: Commission --thank you. Commissioner, you very well made your point. I'd like to bring this to a close. I'll be a "no" vote on this, and it-- but for different reasons than Commissioner Carollo. I don't believe this is a discussion -- I don't believe this is an issue of corruption versus justice or process. I believe the bigger issue here is about resident quality of life versus what we want our City to be as a whole. And we do want an active city. But I wonder if this Commission would vote differently if this event were held in your district, because then, the voters who do hold you accountable might take a little more value to your decision than the ones who don't. These voters don't have an effect on you; they have no way to hold you accountable for this. I -- City of Miami Page 143 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Hardemon: They will hold me accountable. Chair Russell: What's that? Commissioner Hardemon: They will hold me accountable. Commissioner Carollo: Well -- Chair Russell: Thank you. That's -- actually, that's actually a good point as Commissioner Hardemon moves on. That's a good point. So there are bravery in these decisions, as has been said in the past, on both sides. I believe our first job is to our residents and their quality of life. Our second job is to the image of the City and what we want it to be in terms of active events. Certainly, we want to support our businesses, but we -- it doesn't mean we let events or external forces or companies walk all over us, and that's why I think they finally realized their very existence as an event in this City depends on them being at the table with these residents and working with the Commissioners for these residents, and they're finally starting to do it. But we're not there yet. And so, the issues I have that haven't been addressed -- The direction of the lights has not been agreed to. It was agreed to tentatively, but it hasn't been incorporated into this. One of the big -- everyone -- I do agree this is so good for business, for hotels, for so many, but it is not good for the businesses in Bayside itself,• it hurts them during this period, as has been told to us, as we've received letters. They haven't been taken into account. I think it could be a very easy fix from the event to incorporate those businesses, so they actually gain money and not lose it during the event in which you're taking over that area. The base frequency has not been quantified, so we're just hoping that it's better than it has been in the past. We know you're able to do it, because you did it on Sunday on Virginia Key, but it's not in here. How about we move Ultra every year to each one of our districts? One year, it's in District 5, at the Wynwood site; one year, it's in District 2, in Bayfront; one year, it's in Grapeland, in Melreese; one year -- Vice Chair Gort: Melreese? Commissioner Reyes: No, no, no. Chair Russell: --it's -- Commissioner Reyes: No, no. You gave away Melreese. Chair Russell: -- one year, it's at the City -- Commissioner Reyes: You didn't think like that about the quality of life of the people around the surrounding -- Chair Russell: I don't think we need to go there. Commissioner Reyes: -- when you voted in favor of Melreese, and you gave it away. Chair Russell: Was that--? Commissioner Reyes: Don't come here now -- Chair Russell: Sorry I brought it up. City of Miami Page 144 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: Melreese, if you want to do that, you see, first you have to vote against that massive development that you supported. Chair Russell: Commissioner, Commissioner, Commissioner -- Vice Chair Gort: Wasn't that approved --? Chair Russell: -- I think we can calm down. I think the accusations that have been flying, the explosives -- I was just trying to make a little light, and I apologize and regret doing so. Commissioner Carollo: Chairman -- Chair Russell: Let's go ahead to a vote unless there's further discussion. Commissioner Carollo: -- Chairman, Chairman? Chair Russell: Commissioner. Commissioner Carollo: I don't know whom you might have been referring to in making the statements. You mentioned the "C" word -- corruption; people taking monies. I certainly did not use the "C" word. I certainly did not say anybody was putting money in their pockets. I simply stated what I stated, and stated that this is a political decision; not a business decision. So I really don't understand why anybody could be upset. But if the shoe fits, wear it. Chair Russell: Thank you, Commissioner. Is there any further discussion? Are all the amendments noted and taken into account? Mr. Clerk, you're clear? Todd B. Hannon (City Clerk): I'll defer to Madam City Attorney since she will be making the amendments. Ms. Mendez: Yes. Commissioner Carollo: Can you call the roll call, name by name, please? Mr. Dubbin: The amendments are supposed to be printed and published and in writing, and available to be seen before anything passes; that's the law. Last they had to -- Chair Russell: I've never -- we've never followed that practice. Ms. Mendez: I --no. Chair Russell: Amendments are made on the dais all the time. Barnaby Min (Deputy City Attorney): That's not the law. Ms. Mendez: Your father was a wonderful municipal attorney, right? Mr. Dubbin: Yes. And you've already changed one ordinance, because you put something in there that hadn't been actually established and voted on. Ms. Mendez: We will agree to disagree, Mr. Dubbin. Mr. Dubbin: Well, that's a fact. City of Miami Page 145 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you. And I think both attorneys can step back from the lecterns. The public comment period is over. It's up for this body to deliberate and vote. Is there any further discussion before we take a roll call vote by the request of Commissioner Carollo? Hearing no further comment or discussion, go ahead; roll call vote. Mr. Hannon: Roll call on Item RE. 4: Commissioner Gort? Vice Chair Gort: Yes. Let me clary something, which I think is very important. I have never received any funds from anybody sitting here. I don't have no political claim, because in November, God willing, I'm going to be renting property right there on Flagler Street, where I'm going to have my ojjice over there for my practice. So I just wanted to make it clear. And in all the years that I served in here as a member of this board and member of other boards, I never can have anyone coming to me and tell me -- well, the raises that I have taken, they have given to me. I think that's very important for people to understand. It's very easy to come here and criticize, and you don't understand our position. When we go shopping, we go to the barbershop, we go anywhere, people come to us, asking -- and they expect us, also, to take care of their personal problems within the neighborhood; which, a lot of times, we have to do that, too. So I'm very proud of the work that I've done all the years that I've been here, and all the volunteer work that I've done before I became a Commissioner. Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Yes. And I want to tell you, Commissioner Gort, that we're going to miss you. And I congratulate, because you always been a straight -shooter, and you've been an honest man since I met you at Miami High, and I'm not going to say the date. Yes. Mr. Hannon: Commissioner Hardemon? Commissioner Hardemon: I want to give a long monologue, too. I want to talk about my dad being an attorney; he wasn't. I met him twice in my life. I vote for it. Mr. Hannon: Chair Russell? Chair Russell: No. Mr. Hannon: Motion passes, 3-2, as amended. Chair Russell: Thank you very much. Commissioner Reyes: Mr. Chair -- Vice Chair Gort: We got a lot of work to do now. Chair Russell: (UNINTELLIGIBLE). Let us break for five minutes while the room clears. Thank you. Commissioner Reyes: Recess. City of Miami Page 146 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Five minutes, literally. We've got a lot of work to do. We'll be right back. City of Miami Page 147 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 RE.5 RESOLUTION 6087 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), ACKNOWLEDGING THE USE OF LANZO Improvements CONSTRUCTION CO., FLORIDA, A FLORIDA PROFIT CORPORATION ("LANZO"), FOR THE CONSTRUCTION OF THE DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-1330606 ("PROJECT"), PURSUANT TO RESOLUTION NO. 15-0137, FOR TWENTY MILLION, FOUR HUNDRED NINETY-FIVE THOUSAND, SEVEN HUNDRED FIFTY TWO DOLLARS AND EIGHTY-EIGHT CENTS ($20,495,752.88), PLUS A TEN PERCENT (10%) CONTINGENCY OF TWO MILLION, FORTY NINE THOUSAND, FIVE HUNDRED SEVENTY FIVE DOLLARS ($2,049,575.00); FOR A TOTAL NOT TO EXCEED AMOUNT OF TWENTY TWO MILLION FIVE HUNDRED FORTY FIVE THOUSAND THREE HUNDRED TWENTY SEVEN DOLLARS AND EIGHTY EIGHT CENTS ($22,545,327.88), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF INTENT ("MOI"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY') AND THE DOWNTOWN MIAMI PARTNERSHIP, INC., D/B/A FLAGLER DISTRICT BID, A FLORIDA NOT FOR PROFIT CORPORATION ("FDBID"), WHEREBY THE FDBID AGREES TO ORGANIZE AND FILE FOR THE CREATION OF A SPECIAL ASSESSMENT DISTRICT, PURSUANT TO CHAPTER 170 OF THE FLORIDA STATUTES, AND ASSUME FULL RESPONSIBILITY FOR ALL MAINTENANCE, REPLACEMENT, REPAIR, RESTORATION, IMPROVEMENT, MODIFICATION, AND/OR REMOVAL OF ALL THE NON-STANDARD IMPROVEMENTS ("NON- STANDARD IMPROVEMENTS MAINTENANCE") OF THE PROJECT, INCLUDING ANY AMENDMENTS OR MODIFICATIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE FDBID UPON CREATION OF SAID SPECIAL ASSESSMENT DISTRICT FOR THE ASSUMPTION OF FULL RESPONSIBILITY FOR THE NON-STANDARD IMPROVEMENTS MAINTENANCE OF THE PROJECT, INCLUDING ANY AMENDMENTS OR MODIFICATIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Citv of Miami Page 148 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 ENACTMENT NUMBER: R-19-0315 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.5, please see "Public Comment Period for Regular Item(s). " Chair Russell: RE3 was deferred. RE4 we'll table for a little later. RE5, Flagler Street Beautification Project. Yes, sir. Commissioner Reyes: Well, we don't have them here. Chair Russell: You have -- you're looking for representatives of the Flagler Street BID (Business Improvement District)? Commissioner Reyes: Yes. I -- but my comment is -- which I made to them, and it is based on experience, and I know that Commissioner Gort would vouch for me, and he also remember. I would say, more than once, we have gone through the same process of beautifying Flagler Street. We went from trying to clean up the sidewalks -- that they were full of chewing gum -- into paving the sidewalks and all of that, and still, downtown Miami was -- kept on deteriorating. Now, this project, it is extremely beautiful, and I think that it could succeed if, and only if it comes accompanied from a comprehensive project, you see. We can beauty the street as much as we can, but if we don't do something about the homeless, people are not going to come to downtown Miami. If we don't do something about parking, people are not going to come to downtown Miami. You see? If you're going to patronize a restaurant or a store in downtown Miami, and you have to spend 25, $30 in -- I mean, for parking, it's going to be very difficult. So, you know, Commissioner Russell, that for a long time, I had been advocating for more parking in downtown Miami. And I want a really -- a -- what I'm proposing is that we use this project, this beautification project, but we start a program that will be comprehensive and will take into considerations, and try to tackle the other aspects that precludes Miami -- downtown Miami from developing, because by beautifying it, we have done that before; isn't that right, Commissioner Gort? Vice Chair Gort: Yes. Yes, we did. Commissioner Reyes: So we need to do something. And I don't know what steps the BID's going to take or you -- or DDA (Downtown Development Authority), but we have to be more aggressive on parking and homeliness [sic] and cleanliness of the streets in downtown Miami, and people have to feel secure, because if not, the same thing that happened before is going to repeat -- be repeated. Chair Russell: Thank you, Commissioner. You're absolutely correct. Is there a member of the BID here, a representative of the BID? Terrell Fritz: Yes, sir. Chair Russell: Thank you. If you'd like to identify yourser. Mr. Fritz: Good afternoon. Terrell Fritz, Executive Director of the Flagler District BID. City of Miami Page 149 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: So we have a business improvement district in Coconut Grove; we have one in Wynwood. This would be something new for downtown. Commissioner Reyes: Yeah. Chair Russell: And coming out of the gate, this would be a huge commitment of that BID to help this project succeed, where maybe we haven't in the past, and that has to do with upkeep and maintenance beyond, and that's probably the big issue. We invest in something. We don't take care of nice things. We can't keep nice things. Commissioner Reyes: Absolutely. And then we don't go beyond that. Chair Russell: Yeah. And that's where a BID can specialize in a different way than a DDA (Downtown Development Authority). People sometimes confuse what a -- the role of a development authority and the role of a business improvement district may be, and I think this is a really great start. So if you'd like to explain anything with regard to some of the issues that Commissioner Reyes brought up and your intention as a BID. This financial stack, as well as the construction and maintenance plan has been very well put together by your group, as well as the City, as well as the DDA. And so, this is really our first time working together, and I look forward to it. So I'd love to hear what you have to say. Mr. Fritz: Great, and thank you for the opportunity to speak. You have in your package a Memorandum of Intent, which actually has some specifics about how the BID anticipates coming together and going through the Florida Statute 170 process to create a special assessment district. We have timeframes there. We've agreed to do that by the end of next year. The Memorandum of Intent says that the City will consider it. Sothis is indeed the first time we've had the discussions. Starting in 2017, we did a Comprehensive Business Improvement District Plan, and it's online at downtownmiami. net. We went through the process. We had our public meetings, and we brought that plan to the DDA. At the same time, the Streetscape Project stalled, so we put the BID process on the shelf and said, "Okay. We really got to concentrate on restarting the Streetscape Project. " So with your approval today, we really take that next step. After the new budget was approved at the DDA, and the DDA allocated a million dollars for the project, we immediately organized as a business improvement district, and the property owners are voluntarily assessing themselves for our current budget. We're a start-up organization. We're the new kid on the block. But we're very committed to creating a very comprehensive plan. Our initial priority was security, safety. That was a highest concern and priority at the time, and there was really unanimous approval of that working plan, but we will start right away working with your -- the City staff to go through and actually create the Assessment District and all of the agreements that we negotiate. All of the plans that we have and the details will come to you the same way they did with the Coconut Grove BID, with the Wynwood BID. So the first step --first formal step will be the first resolution of the City Commission, where you get to look at all the details, the bylaws, the proposals, the voting. That's the stuff that we put together. And then it goes for a formal vote. It requires a majority vote of the affected property owners and descriptions of the district, and then it'll come back for a second approval -- second resolution approval, and then the actual Special Assessment District will be created. Commissioner Reyes: Yeah. And now, from what I gather, your main plan -- the plan now only consists of the beautification of Flagler Street. You have not given any thought -- or you don't have any plans for what you're going to do for parking, for example -- City of Miami Page 150 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Fritz: Right. Commissioner Reyes: -- how you're going to get -- because if you go to downtown - - if I go to downtown Miami, you see -- I only go to downtown Miami because, I told you, my watch maker is on the Seybold building, but I park -- I mean, I'm not going to valet. Now everything is valet. It's like $12 for the first half hour, and it is impossible, it's unbearable. I don't make that much money, you see. Maybe you can do it, but I don't -- I cannot park there, but I park about -- I mean, in 2nd Avenue -- Southwest 2nd Avenue and 1st Street, and I walk. I like to walk downtown. So -- Chair Russell: You -- Commissioner Reyes: --you see, you should have someway of getting people from there to the heart of downtown. And what I'm trying to -- what I'm suggesting is that, please, don't leave it only because you are going into this project, which is beautifying Flagler, then say, "Okay, let's do this now, and later on, we are going to do the rest. " They're not mutually exclusive. I think that they should be -- you should tackle them at the same time. Mr. Fritz: Commissioner, I agree. Chair Russell: Just a second. Mr. Fritz: (UNINTELLIGIBLE) really appreciated our meeting on Monday. Chair Russell: Does the BID intend for a parking trust fund? Mr. Fritz: We have not --the funding strategies are not in place yet. But what we do understand is the fact that there are --there is public parking inventories in four garages; one of those garages is utilized highly; the other three may offer real opportunities for the kind of programs you're talking about. We will need to, once the streetscape is in place, start to look at how do we move people from those garages. We're just talking about two blocks here, but that's (UNINTELLIGIBLE). Chair Russell: Got it. Commissioner Reyes: And -- Chair Russell: You have a comment? Mr. Fritz: So the same thing on all programs. And again, we start next week, assuming you pass this today. Our first effort is going to be a spruce -up campaign throughout the district, and seeing we have a detailed inventory of all businesses -- Commissioner Reyes: Yes. Mr. Fritz: -- and what can we do to market so that we can attract some business during Super Bowl, which is just six months away. Chair Russell: Commissioner Gort. Vice Chair Gort: Back in 2001, $14 million was dedicated to --for Clean Up Mia - -- Flagler and do some things. One of the programs that we begin is the validated parking. In other words, whenever you go to the store, that store will validate the parking, and they will get a break from the parking, from the Off -Street Parking. City of Miami Page 151 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 That's something you need to sit down and negotiate with them, also. The second question you already answered is that you got to look at parking as number one. That's very important for people that live in downtown and people that go -- do business in downtown. It's become very expensive. And I'm going to be selfish. After November, I'm going to have an oj5rice right there on Flagler, so I want to make sure we get it done fast. Chair Russell: Madam City Attorney, I have a question on this legislation with regard to the Beautification Project. It was very important for us that the BID had a role in this with regard to the maintenance for the nonstandard improvements that are coming. It's in good part to the stakeholders that really wanted to see a higher level of capital improvement there, and they are willing to step up with regard to the maintenance, but I wanted to make sure that we're able to count on that. Is there a clause in the legislation that requires a majority vote of that BID, once they're formed, in order for them to commit to this maintenance fee -- maintenance plan, or are we able to hold them to it through this legislation? Because they haven't self -taxed yet. And so, they haven't formed their membership of self -taxing. Mr. Fritz: And I think I can answer that, if it's helpful. Chair Russell: Sure. Mr. Fritz: The 170 process requires, and again, all of that documentation. So by this legislation, we agree to negotiate a memorandum of understanding. We need the details, the standard operating procedures. What exactly is required, and how much does that cost? Both the existing -- by then, it won't be an estimate -- the existing cost of the maintenance, as well as the Memorandum of Understanding will be part of the approval. So I don't know that anybody can be held to it at this point, and we recognize that, but it will be subject to your approval first, as the Commission, and then a majority of the property owners, and then it will come back for Commission approval. I guess to lend the -- some specifics to that, we had arranged a budget for maintenance between 125 and $175,000 in our draft plan. We're now looking at estimates of about $225,000, so we're easily in the ballpark. And again, you can't speak for the property owners till they vote, but there really was a unanimous sense that that budget and plan was what we needed to have in the Flagler District. Chair Russell: So we're taking a little bit of a leap of faith here? Mr. Fritz: You're -- it is a leap of faith. And again, the timeframe that we'll work that out will be while the project's being constructed and turned over during a one- year warranty. So for what it's worth, I feel very comfortable that we're going to be able to negotiate something that everyone will support. Chair Russell: Madam City Attorney, so the question was, is there a way through this legislation to hold him to it? Victoria Mendez (City Attorney): So he pretty much explained that for -- at the end of the day, the City is the ultimate backstop to this, because it's an organization that's not formed. We will do our best to be able to capture these individuals to be able to ask them to move forward with this project and the maintenance, but if they don't form, we have that issue with -- Chair Russell: Formation, I get it, but it also -- once they form, it allows them to vote, whether or not they want to participate in this maintenance agreement. City of Miami Page 152 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: Well, that still has to also come back before -- if they've form the BID, that has to come back before us, as well. I mean, these are the open-ended questions. We could try as best to -- Chair Russell: So there's no amendment that can be made in this particular legislation that would hold them more than they are now to that maintenance fee, right? Ms. Mendez: Because they're not created. Chair Russell. Understood. All right. Is there a motion and a second? Vice Chair Gort: Can we get DDA involved? Chair Russell: As we are. Vice Chair Gort: As you are. Chair Russell: But we really believe that this is on the shoulders of these particular stakeholders that really wanted this extra, extra high level of streetscape, and we're delivering it. And we're stepping up, the City's stepping up, the County's stepping up; we need to make sure you all are there, too. So we do believe and trust that it will be. Thank you. Is there a motion or a second on this item? Vice Chair Gort: I'll make the motion. I'll move it. Chair Russell: There's a mo -- thank you. Moved; seconded by Commissioner Reyes. Is there any further discussion? Any questions? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. That's RE.5. RE.6 RESOLUTION 6228 A RESOLUTION OF THE MIAMI CITY COMMISSION, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT Commissioners WOULD HELP REDUCE OR ELIMINATE EXPENSES INCURRED and Mayor BY MEMBERS OF THE UNITED STATES MILITARY ("MILITARY") AND VETERANS OF THE UNITED STATES ARMED FORCES ("VETERANS"); PROVIDING A TEN PERCENT (10%) DISCOUNT FOR ALL BUILDING RELATED PERMITS REQUESTED BY MILITARY PERSONNEL OR VETERANS; DECLARING THE CITY OF MIAMI A MILITARY AND VETERAN FRIENDLY CITY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. ENACTMENT NUMBER: R-19-0316 City of Miami Page 153 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item RE.6, please see "Public Comment Period for Regular Item(s). " Chair Russell: I'd like to take up Item RE. 6, Active Duty and Veterans of the U.S. Armed Forces legislation. Commissioner Reyes: Yes. Mr. Chairman? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: I want to co-sponsor that. Chair Russell: I will as well. Is there a motion? Is that a motion? Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Russell: Moved by Commissioner Reyes; seconded by Commissioner Carollo. Please note two additional sponsor -- co -sponsorships on that. Is there any further discussion on RE. 6? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. RE.7 RESOLUTION 6234 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MOVER: UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES Commissioners ("USCIS") TO REEVALUATE AND GRANT RAMON SAUL and Mayor SANCHEZ'S APPLICATION FOR PERMANENT RESIDENT STATUS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-19-0281 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item RE. 7, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " City of Miami Page 154 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Hardemon: A gentleman just spoke, Mr. Ramon Saul Sanchez, and we have a resolution, and I don't think there's going to be any -- Chair Russell: Would you like to move the item? Commissioner Hardemon: -- opposition or -- I will. I want to make sure first, though, there's no one else that wants to speak. Chair Russell: I'll do that. Is there anyone else here who'd like to speak on RE. 7, I believe it is, the Ramon Saul Sanchez item? Is there anyone else who'd like to speak on that item? Brett Bibeau: I support the item. Commissioner Hardemon: Right. Chair Russell: Thank you, Mr. Bibeau. Commissioner Hardemon: So, seeing no other speakers, I'd like to move to approve RE. 7. Chair Russell: Yes. There's a motion; a second by Commissioner Carollo. Is there any further discussion from the dais? Hearing none -- Commissioner Hardemon: I want to say really quickly. Chair Russell: Please. Commissioner Hardemon: What he said was beautiful. Chair Russell: Yep. Commissioner Hardemon: It was poetic. And it was one of those things where even though he put it as squarely as possible, we have disagreement, we have a space for that, you know. And I've never been to Cuba, and I don't know what it's like to have to deal with politics there, but as plain as he put it, and how I know America, you can't do anything but take your hat off to that gentleman and have your heart out. Chair Russell: Thank you, Commissioner Hardemon. I -- Vice Chair Gort: Wait a minute. Chair Russell: -- was entertaining a visiting dignitary from another country, as well, who was going through the chambers, and asked, "What are these for?" And I said, "That's where the public can address the Commissioners. " He said, "You let them do that?" In this country, we do; and in many, they don't. Commissioner. Vice Chair Gort: You know, we always talk about affordable housing. Raul Sanchez has been working with the East Little Havana CDC (Community Development Corporation) for over 15, 20 years, and this gentleman is always in there keeping up with the properties, to make sure the properties stay -- is healthy and clean and beautiful. So to me, it's a privilege to be co-sponsor of this, along with the rest of our Commissioners. Chair Russell: Thank you. Is there any further comment? Commissioner. City of Miami Page 155 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: Yes. I want to also add that I know Ramon Saul since he was a kid And this gentleman, since he was a teenager, he was fighting for human rights in Cuba; human rights in the United States. He has been an advocate of liberty and justice, and that's why I'm honored to co-sponsor this resolution. Chair Russell: Thank you. There's been a motion and a second. Any further discussion? All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? RE. 7 passes. Thank you. RE.8 RESOLUTION 5944 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT Commissioners TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI and Mayor ("CITY"), FLORIDA, AS AMENDED; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMACOL"), TO PROVIDE LOW INCOME INDIVIDUALS ACCESS TO PROFESSIONAL EDUCATION TO ACQUIRE BUSINESS ACUMEN IN INTERNATIONAL BUSINESS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0282 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSTAIN: Reyes Note for the Record. Commissioner Reyes abstained from voting on item RE.8 and submitted a Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers with the City Clerk in compliance with Section 112.3143, Florida Statutes. Note for the Record. For additional minutes referencing Item RE.8, please see "Order of the Day. " Chair Russell: RE.8. Commissioner Reyes: RE.8. Chair Russell: CAMACOL (Latin Chamber of Commerce) Commissioner Reyes: CAMACOL. I have a conflict with this item, and so -- City of Miami Page 156 Printed on 1012112019 City Commission Meeting Minutes Commissioner Carollo: So moved. Commissioner Reyes: -- I'm -- July 25, 2019 Commissioner Carollo: He's got a conflict, so he'll do what he's got to do when you got a conflict. Chair Russell: He has to go to the driveway, I think. Commissioner Carollo: Let me make the motion. This is the Mayor giving CAMACOL 10, 000 from his funding. He's got a right to. Its not an issue. Move. Chair Russell: Thank you. Moved by Commissioner Carollo; seconded by Commissioner Gort. Any further discussion? All in favor say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Commissioner Reyes can come on back. Commissioner Carollo: Bring coffee back, please. RE.9 RESOLUTION 6218 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT Commissioners TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE AYES: ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00), TO INNER CITY DANCE CLUB OF MIAMI CORPORATION, A FLORIDA NOT PROFIT CORPORATION ("INNER CITY DANCE"), TO SUPPORT THE PARTICIPATION OF DISTRICT 5 YOUTH AND FAMILY MEMBERS IN THE INNER CITY DANCE CLUB OF MIAMI TAKES EUROPE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0317 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item RE.9, please see "Public Comment Period for Regular Item(s). " Commissioner Hardemon: I move to approve RE.9. Chair Russell: RE.9 has been moved; seconded by the Chair. City of Miami Page 157 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Hold on. This is -- Chair Russell: This is the Inner City Dance Club of Miami, Corporation, AN (Anti -Poverty Initiative). Commissioner Carollo: What kind of dance is this? Commissioner Hardemon: Slow dance. No. I'm just -- Commissioner Reyes: The best. Commissioner Hardemon: It's the little kids. Commissioner Reyes: The best. Commissioner Carollo: My kind of dancing. Chair Russell: There's been a motion and a second. Is there any further discussion? All in favor -- Commissioner Carollo: Little kids. Chair Russell: --say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 158 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 RE.10 RESOLUTION 6241 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners ("COMMISSION"), WITH ATTACHMENT(S), FINDING, and Mayor DETERMINING, AND DECLARING THAT THE TERRITORY "EXHIBIT DESCRIBED IN A," ATTACHED AND INCORPORATED, IN THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") DISTRICT ("DDA DISTRICT") BE ALTERED, AMENDED, AND EXPANDED TO INCLUDE THE TERRITORY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED, WHICH ARE THE RIGHT-OF-WAY LANDS UNDERNEATH THE MIAMI METRORAIL, ALSO KNOWN AS THE UNDERLINE, FROM THE MIAMI RIVER TO SOUTHEAST 15TH ROAD (COLLECTIVELY, "UNDERLINE ADJACENT TO DDA DISTRICT AREA"), IN ORDER TO REVITALIZE AND PRESERVE PROPERTY VALUES IN THE DDA DISTRICT AND ITS SURROUNDING AREAS PURSUANT TO SECTION 166.0497, FLORIDA STATUTES (2018); DECLARING THE CITY'S INTENT TO ALTER, AMEND, AND EXPAND THE DDA DISTRICT BOUNDARIES BY INCLUDING THE TERRITORY DESCRIBED IN EXHIBIT B; SETTING THE DATE FOR A PUBLIC HEARING AT WHICH THE COMMISSION WILL CONSIDER THE ADOPTION OF AN ORDINANCE EXPANDING THE BOUNDARIES OF THE DDA DISTRICT IN EXHIBIT A TO INCLUDE THE UNDERLINE ADJACENT TO THE DDA DISTRICT AREA IN EXHIBIT B TO CONSIST OF THE NEW TERRITORY FOR THE DDA DISTRICT BOUNDARIES DESCRIBED IN "EXHIBIT C," ATTACHED AND INCORPORATED. ENACTMENT NUMBER: R-19-0318 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item RE.10, please see "Public Comment Period for Regular Item (s). " Chair Russell: RE.10, expanding DDA (Downtown Development Authority) boundaries to include the Underline portion ofBrickell. Commissioner Carollo: Okay. Hold on. Vice Chair Gort: Move it. Commissioner Carollo: Hold on, hold on. Commissioner Reyes: Hold it. Commissioner Carollo: Whoa. Victoria Mendez (City Attorney): On RE.10, this expansion of the DDA boundaries, is there a substitution amendment? Ms. Crespi. Citv of Miami Page 159 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 Christina Crespi: Hello, Commissioners. Christina Crespi, Deputy Director of the Downtown Development Authority. Unfortunately, in your package, Exhibits "D," "E, " and "E" weren't included, so we'll be passing it around right now. Commissioner Carollo: Christina, my question is, why do you want to extend boundaries to an area that doesn't pay taxes? Ms. Crespi: So the Underline came to the DDA Board and requested the expansion of the boundaries, and that triggered a study that was conducted. And the study precluded [sic] that, indeed, it was beneficial, because it does add added value to our property value and added taxes. So because of -- Commissioner Carollo: Whoa, whoa, whoa. Ms. Crespi: --increase in property value. Chair Russell: But not to the DDA? Commissioner Carollo: To whom? Ms. Crespi: Not to the DDA; to the entire -- Commissioner Carollo: Increase property value to whom? Chair Russell: To the City as a whole. Ms. Crespi: Right. And so, the residents have been asking for more park space in addition to that. Its part of our 2025 Master Plan, to include additional park space. So all it is, is taking our boundary and moving the parallel line just on the other side of the Metrorail and grabbing the Underline. Commissioner Carollo: So you're going into my district now? Chair Russell: Without taxing you. Ms. Crespi: Correct. Commissioner Reyes: Without -- Commissioner Carollo: Well -- Ms. Crespi: Correct. Commissioner Carollo: -- it's government land. Ms. Crespi: Increased property values -- Commissioner Carollo: Well -- Ms. Crespi: --for everybody. Commissioner Carollo: -- if you're pushing for that, that is a surprise; no taxes. But -- Ms. Crespi: Increased property value. City of Miami Page 160 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: -- the -- well, actually, you're only going to halfway, because I think our boundaries are right in the middle of (UNINTELLIGIBLE). Chair Russell: On the train tracks, correct. Commissioner Carollo: Yeah. Chair Russell: So currently, the DDA goes up to the train tracks so it can cover half the Underline, but it can't cover your half. Ms. Crespi: Yeah. Chair Russell: And so, we'd like to -- Commissioner Carollo: My questions now are, where are you planning on -- thank you -- spending more money for parkland? Because you and I have a park that's all in my side, but now, by doing this, you're going to have it just about -- Chair Russell: It's in your district still. Commissioner Carollo: In my district, but you're going to have it mostly in the DDA -- Commissioner Reyes: Yeah. Commissioner Carollo: --domain. Vice Chair Gort: Financial (UNINTELLIGIBLE). Commissioner Carollo: I still want to make that into -- I knew there was a cat here somewhere. I still want to dedicate funds that I have to it, but you're going to have to come up with some funds from your side, because I would say 90 percent or more of the people are going to use it. Chair Russell: This is the space -- Commissioner Carollo: Yeah. Chair Russell: -- next to Simpson Park. Commissioner Carollo: Yeah, behind Simpson Park. Chair Russell: Behind Simpson Park on -- Commissioner Carollo: Yeah. Chair Russell: I'd love to work with you on that. Commissioner Carollo: Ken, the majority of the people are going to use it, that need it, are all the residents in all of the high-rises in your district. Commissioner Reyes: Yeah. Commissioner Carollo: We need -- we have a responsibility. Even though very few people from my district will use it, I still have a responsibility to the rest of the City for more parkland that is needed. So we need to work on that to make that into another park. You know, hopefully, you know, I won't have another two or three City of Miami Page 161 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 people that will be screaming about another playground. You know, my God, little kids, you know, you can't have them play in a playground anymore, but I think we need that. We need additional exercise equipment, maybe some picnic areas, so they could do, and we could do a lot of the funding by having parking, and there will be plenty of parking in the front that Miami Parking Authority could take care Of Chair Russell: I know where you're talking. That was actually our first sunshine meeting; was to talk about that (UNINTELLIGIBLE) space. Commissioner Carollo: That's right. (UNINTELLIGIBLE). Chair Russell: And I'd like to follow up with you on that. Commissioner Carollo: Okay. Chair Russell: Be glad to help. Commissioner Carollo: Look, I'll go along with that. How much are you giving us for that? A million, million and a half? Ms. Crespi: We'll have to take that back to our board. Commissioner Carollo: Well, then, I might have to think about this. I trust that you're going to help. Okay? Ms. Crespi: Thank you very much. Commissioner Carollo: I move it. Ms. Crespi: Thank you. Chair Russell: RE. 10 is moved by Commissioner Carollo. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Any further discussion? All in favor, say "aye. if The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on RE. 10. Todd B. Hannon (City Clerk): As amended. Chair Russell: As amended. Thank you very much. END OF RESOLUTIONS City of Miami Page 162 Printed on 10/21/2019 City Commission Meeting Minutes M:�9Elsie] ►1IIIINE III ki[eye]NCIki/_1►ll]*I SRA ORDINANCE Second Reading 2099 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XVI OF Planning THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED "PLANNING AYES: ("CITY CODE"), ENTITLED AND ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT, AND AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET REVIEW OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon July 25, 2019 Note for the Record. For minutes referencing Item SR.], please see "Order of the Day. " SR.2 ORDINANCE Second Reading 5881 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 35/ARTICLE XIII OF and Mayor THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED "PRIVATE AYES: ("CITY CODE"), TITLED PARKING LOTS;" MORE PARTICULARLY BY AMENDING SECTION 35-290 OF THE CITY CODE, TITLED "COMPLIANCE WITH THE INTERIM PARKING IN CHAPTER 62, ARTICLE XIII, DIVISION 4," TO ADDRESS PERMITS THAT MAY HAVE BEEN ISSUED IN ERROR UNDER THE TEMPORARY INTERIM PARKING PROGRAM PROVIDED FOR IN SECTION 62-543(4) OF THE CITY CODE ("PROGRAM") AND TO ADDRESS PENDING APPLICATIONS SUBMITTED PURSUANT TO THE PROGRAM, TO SUPPORT TEMPORARY PARKING NEEDS WITH CERTAIN RESTRICTIONS; PROVIDING FOR REQUIREMENTS FOR INTERIM PARKING; REPEALING SECTION 62-543(4) OF THE CITY CODE FOR FUTURE APPLICATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13854 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Citv of Miami Page 163 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Let's go ahead and knock out our ordinances before we take up the Ultra item, as well; in that way, we can finish the morning's agenda -- Commissioner Carollo: I thought we were deferring that one? Chair Russell: -- on a high note. Which one? Ultra? Commissioner Carollo: I thought we were deferring Ultra. Chair Russell: Is that a motion? Commissioner Carollo: Well, (UNINTELLIGIBLE). Chair Russell: Let's go to SR.2, please. This is the -- Commissioner Carollo: SR.2. Chair Russell: -- Interim Parking Program. Commissioner Carollo: Okay. Chair Russell: This is second reading. Commissioner Carollo: Yeah. Victoria Mendez (City Attorney): On SR.2, I believe it was passed out that the attachment, we amended the top to say, "Lot address, "just to clarify that it was -- that is the specific address that we will be bringing into compliance with this program. Chair Russell: Got it. Ms. Mendez: Do I read the --? Yes, Commissioner Reyes. Commissioner Reyes: This -- that means that you -- we cannot include any other parking lots, or anything? Ms. Mendez: Right. So everything that's on the attachment is the universe right now of properties that have been in the pipeline that we're trying to bring into compliance with the -- Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: -- program since they've applied. May I read the title? Chair Russell: Yes, please. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: So I just wanted to clary that the addresses are in the attachment, and they will be bringing these properties into compliance with the program. Chair Russell: Thank you. Is there a motion? Commissioner Carollo: There's a motion. City of Miami Page 164 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Moved by Commissioner Carollo; seconded by the Chair. Commissioner Carollo, I was absent when we did first reading on this, and I appreciate the amendments that you brought in. I think it encapsulates the particular -- Commissioner Carollo: It did what you wanted. Chair Russell: Exactly. And it protected what you wanted. Commissioner Carollo: Yeah. Chair Russell: There's one thing I'd like to ask as a friendly amendment, if we can on this. The one year that this is going to be allowed starts from today. I would really like to see the one year start from when they get their -- Vice Chair Gort: Permit? Chair Russell: -- ability to move forward, because sometimes this permitting process can take them six months. They're going to invest, and then they'll only have six months left to enact this. Commissioner Carollo: Only on the ones we got listed here. Chair Russell: Yes. Commissioner Carollo: Correct? Chair Russell: Yes. Commissioner Carollo: Okay. Chair Russell: What would be the exact amendment? Ms. Mendez: So what it would be, it would be the -- Chair Russell: Certificate of -- Ms. Mendez: The CO, the Certificate of Occupancy. Chair Russell: Occupancy. Commissioner Carollo: I will go along with that. Chair Russell: Thank you very much. Ms. Mendez: A CO --from the CO. Chair Russell: Commissioner Gort. Ms. Mendez: Now, if you do it -- I believe that staff said the TCO (Temporary Certificate of Occupancy), but this is what I want to know then from staff. If you do the TCO, then -- because you could play the game -- I'm just being honest -- that you get a TCO, you don't get a CO for a long period of time, and then the time frame is calculated from the CO, and then they got an extra year. So I need to know from staff, if we do the TCO time frame, the Temporary Certificate of Occupancy, it's not going to recalibrate after they get the CO. If they don't get the CO for a year, I need to clarify that on the record. City of Miami Page 165 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Well, we need a date certain, I think, of -- that we put in here from when the City will issue the TCO so that that doesn't get dragged down more. Ms. Mendez: Right. So I just want to clam. If they were to -- because the reason why this friendly amendment is coming up is that it may take from now till then, about four months, five months for them to actually start work -- you know, being able to utilize the lot. So I just want to clarify on the record that if there is a time frame from the TCO that if you get the CO, it doesn't tack on another timeframe. Commissioner Carollo: No, no, no, no. Chair Russell: The clock starts from the date of the item that we say in this amendment. And if we say TCO, that starts the clock -- Commissioner Carollo: Yeah, TCO. Chair Russell: -- on the TCO date. Ms. Mendez: Oh, and it doesn't -- Commissioner Carollo: On the TCO date. Chair Russell: And why -- it's a temporary parking lot; why do they need a CO and a TCO? Commissioner Carollo: Yeah. Chair Russell: There should only (UNINTELLIGIBLE). Commissioner Carollo: How long -- the Building Director is here. Maybe -- Mr. Building Director, how long do you think it might take for them to get their TCO? Jose Camero (Director, Building): From the time that all the inspections are done, they get a TCO. From there, it's for 90 days to get a CO. Commissioner Carollo: Okay. So -- Vice Chair Gort: Three months. Commissioner Carollo: -- if we put down from the time that they get it, or no more than 90 days, whichever comes first? Mr. Camero: Yeah. Understand something; TCO, they get full occupancy. Chair Russell: That's why I'm fine with the TCO. Commissioner Carollo: Yeah. Chair Russell: Start the clock at the TCO. Commissioner Carollo: Yeah. So the way I would feel comfortable it's worded that either from the date -- the year starts from the date they get the TCO, or within 90 days of our approval; whichever comes first. If they get it before, it starts then; if not, up to 90 days. Chair Russell: When you say 90 days, meaning from this approval? City of Miami Page 166 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Yeah, from this approval. Chair Russell: Whichever comes first? Commissioner Carollo: Yeah. If they get their TO before the 90 days, then it starts there. Chair Russell: But the problem is they may not actually get their TCO for four months; well beyond 90 days; five months, and it's unfair to them if the clock starts 90 days from now, right? Mr. Camero: One correction. So it's not TCO; it's TCC (Temporary Certificate of Compliance). Commissioner Carollo: Yes, TCC. Okay. Mr. Camero: Technically. Chair Russell: What's the acronym? Mr. Camero: TCC is Temporary Certificate of Compliance. Commissioner Carollo: Okay. Chair Russell: Oh, versus "occupancy." Got it. Thank you. Mr. Camero: Versus "occupancy. " Commissioner Carollo: Well, look, let's split the baby in half. Let's go with 120 days; whichever comes first. If they get it before -- Chair Russell: Sounds fair. Commissioner Carollo: -- it starts therefor each individual one; if not, up to 120 days, and it'll start on the 120 days. Chair Russell: Does that make sense for an amendment? Clear? Ms. Mendez: Yes. Chair Russell: Seconder agrees. Thank you. Is there any further discussion on this item? Commissioner Carollo: I always make sense. Chair Russell: Five minutes (UNINTELLIGIBLE) to codify it. Thank you. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes, as amended. City of Miami Page 167 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 SR.3 ORDINANCE Second Reading 6115 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 62/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/IN ABSENT: GENERAL," BY CREATING A NEW SECTION 62-2.1, TITLED "INDEPENDENT TRAFFIC AND ENVIRONMENTAL STUDIES," TO REQUIRE AN INDEPENDENT TRAFFIC STUDY AND AN INDEPENDENT ENVIRONMENTAL STUDY FOR CERTAIN NEW DEVELOPMENTS; CREATING A POOL OF PROVIDERS TO CONDUCT SAID STUDIES THAT ARE SELECTED ON A COMPETITIVE BASIS; AUTHORIZING THE CITY MANAGER TO SELECT QUALIFIED, INDEPENDENT PROVIDERS TO CONDUCT AN INDEPENDENT TRAFFIC IMPACT STUDY AND AN INDEPENDENT ENVIRONMENTAL IMPACT STUDY FOR NEW DEVELOPMENTS; PROVIDING FOR COMPETITIVE PROCESSES; PROVIDING FOR A SELECTION PROCESS; PROVIDING THAT THE COST OF THE TRAFFIC IMPACT STUDY AND ENVIRONMENTAL IMPACT STUDY BE BORNE BY THE APPLICANT REQUIRING SAID STUDY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item SR.3 was deferred to the September 12, 2019, Regular Commission Meeting. Chair Russell: While we clear the room and prepare for further public comment, could we read all of the remaining ordinances into the record, please? Victoria Mendez (City Attorney): Before we do that, I just want to make sure -- which ones are we taking up? Chair Russell: No, no, no; from the morning's agenda, first reading and second reading. Commissioner Carollo: Excuse me? Chair Russell: There were no further deferrals of those. Ms. Mendez: The first reading and -- Chair Russell: ER first reading) and SR (second reading) items. Commissioner Carollo: Well -- Ms. Mendez: You want me to read all the ER and SR that are remaining? Chair Russell: Remaining ER and SR items. City of Miami Page 168 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: Okay. I may need to -- Chair Russell: (UNINTELLIGIBLE). Ms. Mendez: Okay. Commissioner Carollo: I -- Chair Russell: (UNINTELLIGIBLE). Ms. Mendez: Right. I just need to clarify with the Clerk which are the remaining FRISR. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Just a minute, Madam City Attorney. Please, everyone -- just a moment, Madam City Attorney. Everyone please clear the room and be quiet so the ordinances can be read. We need to move on. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That was SR.3. SR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR. S. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR. 6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR. 8. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR. 2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR. 3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I believe that's it. Chair Russell: Thank you very much. City of Miami Page 169 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 SR.4 ORDINANCE Second Reading 5434 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF ABSENT: MIAMI GENERAL EMPLOYEES' SANITATION EMPLOYEES Note for the Record. Item SR.4 was deferred to the September 12, 2019, Regular RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-241, 40-254 AND 40-255, TITLED "DEFINITIONS," "PAYBACKS FOR MEMBERSHIP CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN NONMEMBERSHIP SERVICE, AND THE DEFINITIONS OF AVERAGE FINAL COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," MORE PARTICULARLY BY AMENDING SECTION 40- 351, TITLED "TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN APPOINTED OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' SANITATION EMPLOYEES RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item SR.4 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item SR.4, please see Item SR.3. Citv of Miami Page 170 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 SR.5 ORDINANCE Second Reading 5435 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40- 203, TITLED "BENEFITS", TO REFLECT THE CHANGES MADE IN THE CURRENT COLLECTIVE BARGAINING AGREEMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item SR.5 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item SR. 5, please see Item SR.3. SR.6 ORDINANCE Second Reading 5939 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40-291, TITLED "DEFINITIONS", AND SECTION 40-296, TITLED "APPLICABLE BENEFITS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item SR.6 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item SR. 6, please see "Public Comment Period for Regular Item(s) " and Item SR.3. Citv of Miami Page 171 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 SR.7 ORDINANCE Second Reading 6011 AN ORDINANCE OF THE MIAMI CITY COMMISSION RENAMING THE "MAYOR'S INTERNATIONAL COUNCIL" TO THE "MAYOR'S Office of the City COUNCIL ON GLOBAL COMPETITIVENESS" BY AMENDING Cierk CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(B) AND 2-892(4)(A)(1) TO CHANGE REFERENCES TO THE "MAYOR'S INTERNATIONAL COUNCIL" TO THE "MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS"; AMENDING CHAPTER 2/ARTICLE XI/DIVISION 3 OF THE CITY CODE, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," TO CHANGE THE NAME OF THE "MAYOR'S INTERNATIONAL COUNCIL" TO THE "MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item SR.7 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item SR. 7, please see "Order of the Day. " Citv of Miami Page 172 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 SR.8 ORDINANCE Second Reading 6154 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE XI/DIVISION 18 OF THE CODE OF THE Clerk CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED ABSENT: "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/SEA LEVEL RISE COMMITTEE"; MORE PARTICULARLY BY CONSOLIDATING THE FUNCTIONS OF THE WATERFRONT ADVISORY BOARD AND THE SEA LEVEL RISE COMMITTEE INTO A NEWLY FORMED CLIMATE RESILIENCE COMMITTEE; FURTHER BY REPEALING, IN ITS ENTIRETY, CHAPTER 29/ARTICLE IV OF THE CITY CODE, TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/WATERFRONT ADVISORY BOARD"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item SR.8 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item SR. 8, please see Item SR.3. City of Miami Page 173 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 SR.9 ORDINANCE Second Reading 6155 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, Cierk FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARD, COMMITTEES, COMMISSIONS," TO REALIGN THE MIAMI COMMISSION ON THE STATUS OF WOMEN, THE PARKS AND RECREATION ADVISORY BOARD, THE CITY OF MIAMI BEAUTIFICATION COMMITTEE, THE EDUCATION ADVISORY BOARD, AND THE SENIOR CITIZENS' ADVISORY BOARD INTO THE QUALITY OF LIFE AND HUMAN RIGHTS COMMITTEE ("COMMITTEE"); MORE SPECIFICALLY BY ADDING DIVISION 6, SECTIONS 2-1011 TO 2-1019 TO CREATE THE COMMITTEE; REPEALING IN ITS ENTIRETY DIVISION 8, TITLED "MIAMI COMMISSION ON THE STATUS OF WOMEN;" REPEALING IN ITS ENTIRETY DIVISION 11, TITLED "PARKS AND RECREATION ADVISORY BOARD;" REPEALING IN ITS ENTIRETY DIVISION 13, TITLED "CITY OF MIAMI BEAUTIFICATION COMMITTEE;" REPEALING IN ITS ENTIRETY DIVISION 20, TITLED "EDUCATION ADVISORY BOARD;" REPEALING IN ITS ENTIRETY DIVISION 23, TITLED "SENIOR CITIZENS' ADVISORY BOARD;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item SR.9 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item SR.9, please see "Order of the Day. " END OF SECOND READING ORDINANCES Citv of Miami Page 174 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ia:MaI:RI9NNFA 911►[eye]N911►/_1►[*&I FR.1 ORDINANCE First Reading 4407 MAY BE WITHDRAWN Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION Attorney AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," BY AMENDING SECTION 22-1 OF THE CITY CODE TO ADD A DEFINITION FOR "CITY'; AMENDING SECTION 22-14 OF THE CITY CODE TO PROVIDE THE CITY MANAGER MAY ADDITIONALLY AUTHORIZE THE COLLECTION OF SOLID WASTE BY COMMERCIAL SOLID WASTE COLLECTORS; AMENDING SECTION 22-46 OF THE CITY CODE TO PROVIDE THAT THE CITY MANAGER MAY ADDITIONALLY GRANT OR RENEW FRANCHISES SUBJECT TO CHAPTER 22; AMENDING SECTION 22-47 OF THE CITY CODE TO PROVIDE THAT APPLICATIONS FOR A FRANCHISE MAY BE RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION OR THE CITY MANAGER; FURTHER AMENDING SECTION 22-56 OF THE CITY CODE TO PROVIDE THAT ISSUANCE OF A FRANCHISE MAY BE APPROVED BY THE CITY COMMISSION OR BY THE CITY MANAGER; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item FR.], please see "Order of the Day. " Citv of Miami Page 175 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 FR.2 ORDINANCE First Reading 5988 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING," ABSENT: SPECIFICALLY BY AMENDING SECTION 62-22, TITLED "SCHEDULE OF FEES," SECTION 62-23, TITLED "REQUEST FOR REVIEW AND APPEAL," SECTION 62-25, TITLED "WAIVER OF FEES," AND SECTION 62-32, TITLED "SCHEDULE OF FEES," TO PROVIDE CLARIFICATION ON PLANNING AND ZONING FEES, CAP CERTAIN PLANNING AND ZONING FEES, ADD FEE SCHEDULES FOR CERTAIN PERMITS, PROVIDE FOR A SCHEDULE OF REFUNDS FOR CERTAIN FEES, AND ENSURE CONSISTENCY WITH OTHER CITY CODE SECTIONS REGARDING FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item FR.2 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item FR.2, please see "Public Comment Period for Regular Item(s) " and Item SR. 3. City of Miami Page 176 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 FR.3 ORDINANCE First Reading 6222 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: CHAPTER 12.5/ARTICLE I/DIVISION 2, OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION ABSENT: DISTRICTS/LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT," MORE PARTICULARLY BY AMENDING SECTIONS 12.5-27M, 12.5-28, AND 12.5-36 TO ADD PROVISIONS TO ESTABLISH A NEW DISTRICT 5 NEIGHBORHOODS OWNER - OCCUPIED AFFORDABLE HOUSING IMPROVEMENTS GRANT PROGRAM FOR LOW INCOME HOMEOWNERS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item FR.3 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item FR.3, please see Item SR. 3. FR.3 ORDINANCE First Reading 6222 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: CHAPTER 12.5/ARTICLE I/DIVISION 2, OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION ABSENT: DISTRICTS/LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT," MORE PARTICULARLY BY AMENDING SECTIONS 12.5-27M, 12.5-28, AND 12.5-36 TO ADD PROVISIONS TO ESTABLISH A NEW DISTRICT 5 NEIGHBORHOODS OWNER - OCCUPIED AFFORDABLE HOUSING IMPROVEMENTS GRANT PROGRAM FOR LOW INCOME HOMEOWNERS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: FR.3 Citv of Miami Page 177 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: Well, all those, weren't they deferred by -- when Carollo was here? Commissioner Hardemon: Look, look at these things. Commissioner Reyes: They were all deferred. Commissioner Hardemon: No, seriously, I want to move to reconsider FR.3; I'm not playing. No, FR.3 is District S Affordable Housing Improvements Grant Program. It's the first reading of the ordinance. Commissioner Reyes: Okay. Commissioner Hardemon: So at least by the time I come back, we're on second reading. Commissioner Reyes: No, I -- the only thing that I was saying is that we had a motion and we voted on -- Chair Russell: Right. So let me clam it from a procedural perspective. Commissioner Reyes: That's right. Chair Russell: There's a motion to reconsider an item. Mr. Clerk. Todd B. Hannon (City Clerk): This was part of the group of items -- Chair Russell: That were deferred. Mr. Hannon: Yes, because we had basically gone past the 10 p. in. -- Chair Russell: Yes. Mr. Hannon: -- curfew. Commissioner Hardemon: There was a second motion. Chair Russell: So there was a singular vote. Commissioner Carollo wanted to make it a conditional vote, and he was told he could not. It was a pure vote to give the unanimous consent for us to continue. Mr. Hannon: With the understanding -- Chair Russell: His understanding, and as I recommended as a courtesy that we would defer the remaining items on the agenda -- on the morning's agenda. Commissioner Reyes: But can we vote on bringing this back? Commissioner Hardemon: I mean, we just considered a pocket item, and I can't consider nothing else? Commissioner Reyes: That's right. Chair Russell: He actually expressly said he wanted to hear -- the pocket item heard. Commissioner Reyes: Okay. City of Miami Page 178 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: We can procedurally reconsider any item that's been deferred -- Commissioner Reyes: Let us -- let's consider -- Chair Russell: -- brought back. However, Commissioner Carollo -- Commissioner Hardemon: This item has nothing to do with Commissioner Carollo's district. Chair Russell. Understood. So -- Commissioner Hardemon: This is about District 5 affordable housing. Chair Russell: -- that's what I'm saying. This is a courtesy issue. Commissioner Reyes: That's right. Chair Russell: So what you're gauging is that this is not what his intention was, holding back. Commissioner Hardemon: I wouldn't think so. Chair Russell: You wouldn't think so. And it does come back for second reading -- Commissioner Hardemon: It does. Chair Russell: -- which -- at which point, he can certainly, if he does oppose it -- Commissioner Hardemon: Got a million dollars to give out in Wynwood. I don't see how he could oppose that. Commissioner Reyes: Okay. Chair Russell: So I -- what I need to understand, is there a legal or procedural issue with reconsidering a deferral of an item? Mr. Hannon: I'll defer to Madam City Attorney about the legal aspect. Victoria Mendez (City Attorney): There's no legal issue with reconsidering it. It's just that, you know, as a courtesy to your colleague, and that's our policy. It is first reading, but --you know. So. Commissioner Reyes: Commissioner -- Chair Russell: Commissioner, I'll -- I -- Commissioner Reyes: -- I recommend -- hold on a second. Is what -- is any reason voted before September? Or you would -- Commissioner Hardemon: No, it's just that -- Commissioner Reyes: -- need to get going, right? Commissioner Hardemon: Right. So basically, we received about $500,000, a single check from a developer when they were getting some zoning approvals from this board. That money was given to the Trust. The Trust needs to have a formal way of making amendments to -- How can we -- City of Miami Page 179 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: And you will need the -- Commissioner Hardemon: -- send the money? Commissioner Reyes: Okay. I will move it. Chair Russell: Second it. Commissioner Hardemon: Yeah. Chair Russell: No, no, no. What we have is a motion -- Commissioner Hardemon: Yes. Chair Russell: -- and a second -- Commissioner Reyes: That's right. Chair Russell: -- to reconsider -- Commissioner Reyes: That's right. Chair Russell: -- the deferral of FR -- Commissioner Reyes: 3. Chair Russell: -- 3. All in favor of the motion to reconsider, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? So FR.3 is back on the floor. Commissioner Hardemon: Move to -- Commissioner Reyes: I move it. Commissioner Hardemon: Thank you. Second it. Chair Russell: Okay. Moved by Commissioner Reyes; seconded by Commissioner Hardemon. Can you read it into the record, please? Ms. Mendez: An ordinance of the Miami -- oh, I read this one. Chair Russell: You did read it; that's correct. Before -- Ms. Mendez: I read them all -- Chair Russell: -- yes, before we deferred. Ms. Mendez: -- before it was deferred -- Commissioner Reyes: That's right. Ms. Mendez: -- unless anybody thinks I should read it again. Chair Russell: No. It's in the record. City of Miami Page 180 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: Okay. Commissioner Hardemon: Thank you. Chair Russell: And we also had public comment on this already. Is there any further discussion on the dais for FR. 3? Commissioner Reyes: No. Chair Russell: Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on first reading. Vice Chair Gort: Move to adjourn. Commissioner Hardemon: I move to (UNINTELLIGIBLE). Chair Russell: All right, everyone. Unless there's any further -- Thank you all for your patience, for your advocacy, your involvement. We are adjourned. Have a good break. Thank you, everyone. FR.3 ORDINANCE First Reading 6222 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 2, OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT," MORE PARTICULARLY BY AMENDING SECTIONS 12.5-27M, 12.5-28, AND 12.5-36 TO ADD PROVISIONS TO ESTABLISH A NEW DISTRICT 5 NEIGHBORHOODS OWNER - OCCUPIED AFFORDABLE HOUSING IMPROVEMENTS GRANT PROGRAM FOR LOW INCOME HOMEOWNERS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo AkiUxel0aI:RI9N; I]1►leyol N QIkiFe1►[*&I City of Miami Page 181 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 1-111112111-111Biel NkI BU.1 BUDGET DISCUSSION ITEM 4971 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item BU.I was deferred to the September 12, 2019, Regular Commission Meeting. A►Ioxela-IIIBiel Nk1 Citv of Miami Page 182 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 QaQ61119i11;:9101kiIIII I;1661 D1.1 DISCUSSION ITEM 6139 A DISCUSSION ITEM REGARDING THE POSSIBILITY OF Department of REINSTATING THE CITY OF MIAMI'S USE OF SPECIAL MASTERS Planning TO ASSIST WITH HEARING CODE COMPLIANCE -RELATED CASES. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item DLI was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item DI. 1, please see "Order of the Day. " D1.2 DISCUSSION ITEM 6027 A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY Commissioners PROCLAMATIONS. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item DL2 was deferred to the September 12, 2019, Regular Commission Meeting. City of Miami Page 183 Printed on 1012112019 City Commission D1.3 6221 Department of Real Estate and Asset Management DIA 6223 Department of Real Estate and Asset Management Meeting Minutes DISCUSSION ITEM A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION PROVIDING INFORMATION ON THE REVENUE GENERATED BY THE DRY STORAGE RACKS AT MARINE STADIUM MARINA. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo July 25, 2019 Note for the Record. Item DI.3 was deferred to the September 12, 2019, Regular Commission Meeting. DISCUSSION ITEM A DISCUSSION ITEM TO BE HEARD BY THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TO REVIEW A PROPOSED REVISION TO CHAPTER 50, ARTICLE VII - DERELICT VESSELS - OF THE CODE OF THE CITY OF MIAMI. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item DL4 was deferred to the September 12, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item DL4, please see "Public Comment Period for Regular Item(s). " END OF DISCUSSION ITEMS City of Miami Page 184 Printed on 1012112019 City Commission BCA 6197 Office of the City Clerk Meeting Minutes July 25, 2019 Z-_197MN1111me1►1NX4161 61611119111;1*? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Philippe Houdard (Term expiring 8/31/2022) T. Spencer Crowley, III (Term 9/1/2019 through 8/31/2022) Franklin Sirmans (Term 9/1/2019 through 8/31/2022) Suzanne M. Amaducci-Adams (Term 9/1/2019 through 8/31/2023) ENACTMENT NUMBER: R-19-0324 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Commissioner Carollo: Lastly, the board appointments. Chair Russell: All the board appointments, please. NOMINATED BY: DDA Board of Directors DDA Board of Directors DDA Board of Directors DDA Board of Directors Nicole N. Ewan (Assistant City Clerk): Sure. BC.1, for the Downtown Development Authority: The Commission at -large is being requested to confirm the following appointments: Philippe Houddard, T. Spencer Crowley, III, Franklin Sirmans, and Suzanne Amaducci-Adams. Vice Chair Gort: Move it. Chair Russell: Is there a motion? Moved by Commissioner Gort. Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Carollo. All in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. City of Miami Page 185 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 END OF BOARDS AND COMMITTEES City of Miami Page 186 Printed on 10/21/2019 City Commission Meeting Minutes PART B: PZ - PLANNING AND ZONING ITEMS) IrAI107N9]4:ZO]AM: 1;DDE A July 25, 2019 Chair Russell: (UNINTELLIGIBLE) we can read the rules for the Planning & Zoning agenda, Mr. Min. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. We'll now begin the Planning and Zoning items. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption ofprejudice, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for ease of reference. Staff will then present briefly each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code, providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. All persons testing must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to Section 2-8 of the City Code. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks that documents supplied to the Commission less than seven days before merit a continuance, the item may be continued by the City Commission. Thank you, Mr. Chairman. Chair Russell: Thank you very much. Mr. Clerk, could you swear in anyone who'd like to speak on the PZ agenda? Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. City of Miami Page 187 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you very much. And we're just waiting for a quorum, then we'll start our business. Later... Chair Russell: All right. So, Clerk, could you swear in anyone else who's arrived for this and/or any remaining items on the PZ agenda? Although we're just taking up public comment on the time certain item at this moment, I'd like to swear in everybody who's here to speak. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you have not had the oath administered, if you have just arrived maybe within the last hour or so and you have not had the oath administered -- meaning that you'll be -- need to stand and raise your right hand. If you can please stay -- stand and raise your right hand if you're here to speak on any of today's Planning and Zoning items. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. Later... Chair Russell: Mr. Manager, I'd like to get the order of the day finished for the Planning and Zoning agenda. I don't know if that's the Director or yourself, but I'd like to know if there's any items from the Planning and Zoning agenda you'd like to see deferred, withdrawn, or continued. Oh, sorry. You're (UNINTELLIGIBLE). Thank you. Francisco Garcia (Director, Planning): Yes, sir, I do. I have a number of them actually. The ones I know which dates have been requested for continuance are as follows: I have Item PZ.8, requested to be continued to November 26. That's the Planning and Zoning meeting in the month of November -- rather September -- my apologies; September 26. I have Item PZ.4 to be indefinitely deferred. And I have requests for Items PZ. 1, PZ.2, and PZ. 3, and also PZ. S, for times yet undisclosed. If the applicants are here and they want to step up and provide a date to be considered? Chair Russell: You said PZ.S? Mr. Garcia: I did, yes. Commissioner Carollo: That are in my district, and from the looks of it tonight, we're not going to finish, so I'd like to have them deferred, because after the last item at 10, whatever that item is, I have to leave. Chair Russell: You're doing it. Commissioner Carollo: Well, no; I have to, because we got to -- Chair Russell: I understand. Commissioner Carollo: -- I got to be up very, very early tomorrow, and I can't afford to be late. City of Miami Page 188 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Let's finish the Administration's requests and then we'll do the Commissioner requests. So I guess I didn't fully understand, Director Garcia. PZ. 1, 2, 3, and 5, is there a specific request, or we're not sure? Ines Marrero: Good evening, Mr. Chairman. Ines Marrero, offices at 701 Brickell Avenue. I am hereon behalf of the applicant for PZ.1. We would be pleased to have the item be deferred to the September 26 hearing. Chair Russell: Thank you very much. Commissioner Carollo: This is why I had asked the Administration for an additional meeting, because I knew this was going to happen. They said it was all going to be fine, we could do it in two, and here we are. Chair Russell: In hindsight, we probably should have taken Ultra as a special meeting, honestly. It really took the most of the day. Commissioner Carollo: Yeah. Chair Russell: PZ.2 and 3, what do we need? William Riley: Good evening, Mr. Chairman, members of the board. For the record, Bill Riley, with offices located at 600 Brickell Avenue, representing the applicant for PZ.2 and PZ.3. We also have no objection to the request for deferral, and we'd also respectfully request the items be continued to the September 26 agenda. Chair Russell: Thank you very much. Sorry you had to wait so long to get that out. Anything else, Director? Mr. Garcia: Yes, sir. Again, to restate, we are requesting that Item PZ.4 be deferred indefinitely -- Chair Russell: Yes. Mr. Garcia: -- and I believe there was also a request regarding Item PZ. 8, which I put on the record for September 26. Chair Russell: Tell me about PZ.5, please. That's the zoning text amendment for CS (civic space) and TI. Mr. Garcia: Item PZ.S, there was some concern on the part of some of the Commissioners regarding this particular item, and it may very well be that it merits additional revisions prior to coming to you for full consideration. Chair Russell: Do you have a date for that, whoever had concerns? Is there a date? Mr. Garcia: We'd like to bring it as soon as possible. I would suggest then that we take it up on the -- Chair Russell: September 12? Mr. Garcia: -- September 12. Commissioner Reyes: I'd rather have it a little bit later. I want to get rid of all the -- whatever -- the Melreese "BS, " and then -- because what this gives is any space will - City of Miami Page 189 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 - could be declared a park, including a circle, you see, and I don't want it to be mixed with (UNINTELLIGIBLE). Chair Russell: I understand where you're going. Commissioner Reyes: Yes, sir. And I -- Chair Russell: We certainly don't want anyone to declare a median or a circle, or a patch of grass -- Commissioner Reyes: And that's right. That's right. Chair Russell: -- CS, park space. Commissioner Reyes: That's right. Chair Russell: But -- and I'm going to -- Commissioner Reyes: Well, we can work on it. Chair Russell: --put my toe in the pool here and ask you a question. In the spirit of what we believe the Melreese deal should be trying to achieve in terms of no net loss park space, would you consider a neighborhood pocket park if they were to rezone that, invest in it as a qualifying --? Commissioner Reyes: Well, you know, it all depends, the site and -- no, no, I think it should be -- Chair Russell: Because I'm actually hoping for that. Commissioner Reyes: -- I think it should be -- Chair Russell: I want us all to get parks out of this. Commissioner Reyes: -- and I think they should be contiguous; I mean, should be land, we lose 20 acres, we need 20 acres together, because that's the spirit of the law, you see? Chair Russell: Yeah. Commissioner Reyes: Okay? Chair Russell: All right. So -- Victoria Mendez (City Attorney): Chairman, I -- Chair Russell: -- September 26. Ms. Mendez: -- I'm sorry. I just wanted to bring up -- I believe -- and Todd can confirm for me -- September 26 may be your second budget hearing; is it? Okay. Vice Chair Gort: Yes. Ms. Mendez: I just wanted to bring that up. Commissioner Reyes: Thankyou. City of Miami Page 190 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: It'll be another fun one. All right. Vice Chair Gort: Yeah. Chair Russell: So September 26 for PZ.S. I understand what you're trying to protect, and I respect it completely. Commissioner Reyes: Thank you, sir. Thank you. Chair Russell: So that's PZ.S; September 26, as well. Commissioner Carollo, did you have others? Commissioner Carollo: Well, there's one that's -- Chair Russell: Were you finished, Director? Commissioner Carollo: -- it's more in -- well, it's happened -- Gort's district and part in mine -- PZ. 14 and 15. Mr. Garcia: Yes, sir. Commissioner Carollo: I don't know if Commissioner Gort wants to try to take it up tonight, but, you know, I don't know when it'll come up, so I don't know if I'll be here for it, so it's up to you on this one. Commissioner Reyes: 14 and 15. Vice Chair Gort: I don't mind taking it tonight. I think it could be -- this is something that we have proved before, and the residents in that area, which is separated by the expressway, it created an island within that area. Commissioner Carollo: I understand. I have no problem with it, but -- Vice Chair Gort: Okay. Commissioner Carollo: -- you know, I'm not going to be here, so -- Commissioner Reyes: But I -- Commissioner Carollo: -- possibly, depending when it comes up. So they have a right to have a full Commission if they want to ask for it; that's all I'm saying. Vice Chair Gort: I don't have any problem. You want to -- Commissioner Carollo: Okay. Commissioner Reyes: Do you have any objections or any questions about it, or you going to add anything? How about you, Commissioner Russell? You have any --? Chair Russell: Which item? On PZs --? Commissioner Reyes: I'm talking 14 and 15. Chair Russell: --14 and 15, I'm ready to move on tonight. Commissioner Reyes: Well, let's -- I move it. City of Miami Page 191 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Well, no, no. Let's get the order of the day done. Commissioner Carollo: We can't do it that way. Chair Russell: Let's put it in order. Commissioner Reyes: Well, I -- Chair Russell: But -- All right. Are there -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- any other requests for continuance, deferral, or withdrawal from the Commission? I believe the Director's full, so -- Mr. Garcia: Yes, sir. Chair Russell: -- if you could -- do you want me to read them back, or will you, Todd? Okay. Todd B. Hannon (City Clerk): So again, PZ.8 will be continued to September 26. PZ.4 is indefinitely deferred. PZ. 1, 2, 3, and 5 are all continued to September 26. Commissioner Carollo: PZ. 7? Mr. Hannon: I do not have PZ.7 on my list. Commissioner Carollo: Okay. PZ. 11 and 12? Mr. Hannon: They're in play. Chair Russell: Yeah. All right. Is there a motion to that effect? Vice Chair Gort: Move it. Chair Russell: There's been a motion by Commissioner Gort; seconded by the Chair. Is there anyone from the public who'd like to speak on the deferral of these items; you've come this far and we're pushing it off, and you'd just like to -- not on the substance of it, but the timeliness, if you feel it should be taken up tonight or shouldn't be taken up tonight? Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Yes. We're looking to defer Items PZ. 1, 2, 3, 4, 5, and 8. Joaquin Mejuto: Joaquin Mejuto, 1459 -- Chair Russell: Yes, sir. Mr. Mejuto: -- Northwest South River Drive. I don't see why not. Chair Russell: Why not, what? Mr. Mejuto: Take it up. Chair Russell: Which one? City of Miami Page 192 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Mejuto: The -- Chair Russell: 14 and 157 Mr. Mejuto: Yeah. Chair Russell: We do plan to take those up tonight. Mr. Mejuto: Oh, okay. Thank you for keeping them. Chair Russell: They're not on the deferral list. Mr. Mejuto: Thank you. Chair Russell: No problem. Hearing no further comment, I'll close public comment. All in favor of the order, say "aye. " Oh, just a moment. Commissioner Hardemon: And the applicant okay with PZ.8 being deferred? All right. Mr. Garcia: Yes, sir. Commissioner Hardemon: I don't have any more right now. Chair Russell: All right. All in favor, say "aye. if The Commission (Collectively): Aye. Chair Russell: Oh, we didn't get Hardemon in there. Opposed? Motion passes. All right. PUBLIC COMMENT FOR PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM Chair Russell: So that brings us to public comment for the PZ (Planning and Zoning) agenda, please. If you're here for any of the remaining items on the PZ agenda, please come forward. Now is your time to speak. If you are in an appeal, if you're a party to appeal, you can wait until your item comes up; but otherwise, anyone here to speak publicly on any of the remaining PZ agenda, please step forward. Has everyone been sworn in who's going to speak? Is there no one else here to speak? Elvis Cruz is going to speak on every item. All right. You've been sworn in; right, Elvis? Elvis Cruz: I have. Chair Russell: All right. You have your time. Mr. Cruz: Thank you, Commissioners. Elvis Cruz, 631 Northeast 57th Street. Gentlemen, regarding PZ.14 and 15, this is the Grove Park neighborhood. It's not a historic neighborhood, but it should have been. As I mentioned earlier today, Miami Section -- Miami 21, Section 7.1.2.8(c)2(g) requires any proposed zoning change to prove that the existing zoning is inappropriate, and that the proposed zoning is appropriate. The existing zoning is appropriate, as it was when it was mapped by the Miami 21 process. This proposal is thus illegal, and therefore, should be denied. City of Miami Page 193 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 As then -Commissioner Francis Suarez said on September 27, 2014, "Single-family neighborhoods are an endangered species in the City of Miami. " This proposed up - zoning also violates the intent of Miami 21, Section 2.1.2(a)1, to preserve neighborhoods. Single-family neighborhoods should be preserved to protect the neighborhood, even from current owners who want to cash out so that future Miamians may live in them. Regarding PZ. 7, I support the appeal of the new construction in the Morningside Historic District, because the proposal clearly violates Miami City Code Section 23.6.2(h), regarding new construction. The proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure, or the relationship and congruity between the subject structure and its neighboring structures, including form, spacing, and yards. The proposal also clearly violates the Morningside Historic District Guidelines, Pages 70 and 71, which do not allow fences in the front yard, but this proposal does just that. Mr. Chair, I close with a question for the City Attorney and Planning Director, through the Chair. Is it true, as I've heard many times in these chambers, that the historic preservation provisions of Chapter 23 of the Miami City Code are, in effect, a zoning overlay, which supersedes the Miami 21 Zoning Code? Do you need me to repeat the question? Unidentified Speaker: (UNINTELLIGIBLE). Mr. Cruz: Okay. Is it true, as I have heard many times in these chambers, that the historic preservation provisions of Chapter 23 of the Miami City Code are, in effect, a zoning overlay, which supersedes the Miami 21 Zoning Code? Victoria Mendez (City Attorney): For my purposes, it never supersedes life safety issues. Mr. Cruz: Correct, not life safety. Ms. Mendez: So I just wanted to -- Mr. Cruz: But Zoning Code -- Ms. Mendez: -- you know -- make sure for the record that -- you know. And so, if that ties into any zoning issues. Mr. Cruz: But other than that, it does? Francisco Garcia (Director, Planning): I'm -- I will answer the remainder of it. Let me respectfully respond in this manner: Certainly, Chapter 23, which is the Historic Preservation chapter of the City Code, has provisions that allow deviations from the regulations of Miami 21, and in that regard, Miami 21 would be superseded. Of course, these deviations have to be substantiated prior to being approved and recognized. Mr. Cruz: Of course. Thank you very much for that answer. Ms. Mendez: Part of it, though -- you are correct on the overlay portion, but remember that the Zoning Code still has all the -- you know -- intensities, densities, and all those things that we have to account, so they're supposed to work hand in hand, but were -- more or less. Mr. Cruz: Understood. These fine folks here will soon prove their case. Thank you. Chair Russell: Thank you, Mr. Cruz. Good evening. Thank you for your patience tonight. City of Miami Page 194 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Mejuto: Good evening. Joaquin Mejuto, 1459 Northwest South River Drive. I came to speak for the zoning changes that's been proposed, and especially that we're going to be providing more access to the citizens to the river, if anyone decides to take advantage of the T4 -R, I believe, (UNINTELLIGIBLE), which provides a walkway along the river. It's really nice. It's kind of like having more park space; and so, I think that's a very nice thing. A lot of folks don't even know we're by the water, and now we'll have access to it. So I'm all for it, and thank you. Chair Russell: Thank you for your comments. Is anyone else here who's here to speak on public comment for any of the remaining Planning and Zoning items? Seeing none, I'll close the public comment portion ofPlanning and Zoning. PZ.1 ORDINANCE First Reading 5898 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 75-0," URBAN CENTER TRANSECT ZONE - OPEN, TO 76-8-0," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 1628, 1632, AND 1642 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.1 was continued to the September 26, 2019, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.1, please see "Part B: PZ - Planning and Zoning Item(s). " City of Miami Page 195 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 PZ.2 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO 'RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.2 was continued to the September 26, 2019, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.2, please see "Part B: PZ - Planning and Zoning Item (s). " PZ.3 ORDINANCE First Reading 4201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM 75-0," URBAN CENTER TRANSECT - OPEN, TO 76-8-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.3 was continued to the September 26, 2019, Planning and Zoning Commission Meeting. Citv of Miami Page 196 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 Note for the Record. For minutes referencing Item PZ. 3, please see "Part B: PZ - Planning and Zoning Item (s). " PZA ORDINANCE Second Reading 1909 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS Planning AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING "DEFINITIONS ARTICLE 1, SECTION 1.5, ENTITLED OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS AND ECONOMIC INCENTIVES FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PZ. 4, please see "Order of the Day" and "Part B: PZ -Planning and Zoning Item (s). " PZ.5 ORDINANCE First Reading 5694 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED "AMENDMENT TO MIAMI 21 CODE," TO EXEMPT REZONINGS OF PROPERTIES BY THE CITY OF MIAMI TO "CS," CIVIC SPACE TRANSECT ZONES, OR 7-1," NATURAL TRANSECT ZONES, FROM MINIMUM SIZE AND FRONTAGE REQUIREMENTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.5 was continued to the September 26, 2019, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.5, please see "Part B: PZ - Planning and Zoning Item (s). " Citv of Miami Page 197 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 PZ.6 RESOLUTION 5770 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY JOEY CANCEL Department of ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE Planning DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23- 6.2(b)(4) OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR AN AFTER -THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD ("MIMO") HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180090010. MOTION TO: Remand to Historic Environmental Preservation Board RESULT: REMANDED TO HISTORIC & ENVIRONMENTAL PRESERVATION BOARD MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: And we will take up -- let me do PZ (Planning and Zoning) -- Vice Chair Gort: 6. Chair Russell: -- 6, please. We have representatives for PZ 6? Joey Cancel: Good evening. Joey Cancel, President of La Placita. That's right. Respectfully, Commissioners, if you allow me to run a presentation in order for its to address our appeal. Commissioner Carollo: Did Ricky go eat there when you guys opened up or not? Mr. Cancel: Yeah. Commissioner Carollo: That's what thought. Mr. Cancel: How many of you visited us at La Placita? Commissioner Carollo: Huh? Mr. Cancel: How many of you has [sic] visit its at La Placita? Commissioner Carollo: Well, I haven't had the time. Mr. Cancel: Not yet? Not yet? None? Commissioner Reyes: (UNINTELLIGIBLE). Mr. Cancel: (UNINTELLIGIBLE). Commissioner Hardemon: Do you serve mofongo? City of Miami Page 198 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Cancel: Mofongo is one of our specialties. Commissioner Hardemon: Then I'm not coming. Mr. Cancel: You got to try it. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Cancel: (UNINTELLIGIBLE). Commissioner Carollo: You know why he asked you that? Do you know why he asked you, "mofongo "? Mr. Cancel: (UNINTELLIGIBLE). Commissioner Carollo: That's what he goes to eat in Calle Ocho. Mr. Cancel: En la Calle Ocho. Commissioner Carollo: In Mofongo's Restaurant. Mr. Cancel: (UNINTELLIGIBLE) complements, trying to bring Puerto Rican food, too. Thank you, Commissioners. And I know that we're really late. I just want to address this brief presentation to make our case. So we're in the pursuit of getting this Special Certificate of Appropriateness -- excuse me -- and by doing so, we just want to run through a little bit of history of what was the original business building display, how the face of the building looked like before we painted the actual artistic mural, granted by the permit that we got from the Police Department and the Special Events Unit. And -- Commissioner Carollo: I'm sorry, who gave you the permit to paint that? Mr. Cancel: The Police Department Special Events Unit. Commissioner Carollo: So -- interesting. So they give these permits out? Mr. Cancel: And it was specifically for the purpose of painting an artistic mural at the location. Despite that fact, and that we have been addressed that a Certificate of Appropriateness is needed in order to be in Code compliance, we just created a tourist attraction. We can run this for days, and you will see how many people from all over the world are going to La Placita only to take a picture, a selfie, a family picture, and goes on and on and on. We believe that we are very, very aligned with the purpose of the City, with the Master Plan, of economic development, job creation, and tourist attractions. So we're doing that job, I think, for the sake of the whole Miami. La Placita, it's all about food, family, friends, art, culture, music, and economic impact. We got to say that in the last few months, we ran like a survey, and we noticed that most of the people that has -- go to our place to eat didn't know nothing about MiMo (Miami Modern). They didn't knew [sic] that it was a historical district or that it even existed. So we're provoking [sic] that job creation and economic impact by bringing people there and doing things that are needed in our surroundings. If you go -- and I hope you -- every one of you go and visit us -- you can see that we're surrounded by empty buildings. And those buildings are vacant, are just standing there. And we're trying to make a movement of getting more businesses around us, so we can really generate that business synergy. But as you may know, there is a rendering that is being proposed, and I am showing that right now; that it's representing some kind of MiMo compliant and Miami retro look, and we are not opposed on going to that direction in order to City of Miami Page 199 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 arrive into a positive solution, so we can all have the benefit of continuing having the same impact on the zone. But there's some challenges when it comes to that type of rendering; one of them is that we are -- we don't know how much is going to be the investment required to change to neon from painting; secondly, the -- we understand that the design is a little bit incomplete. It falls short, because it's only a rendering for night vision. At daytime, you know that neon, it doesn't show. So we need to arrive into something that works not only during nighttime, but during the day. And we need to also evaluate how much is going to be the (UNINTELLIGIBLE) impact, if any, for the neighbors and the boulevard, so that's why we have arrived into an alternate, like a third concept that we're sharing with you today in order to get somewhere where we can maybe have some middle ground, where we can have a resemblance of the flag during the day; and at night, the neon. This is only a conceptual. It's been worked with architects and engineers, but yet, we don't have a full cost description of how much is going to be needed in order to arrive there, but that's why we are requesting, respectfully, to -- for us to go back to the HEP (Historic & Environmental Preservation) Board and bring this matter to the attention of the HEP Board, and discuss all the materials, layouts and all the architectural matters that are related to this kind of rendering in order to arrive into something that really works for everyone. And having said that, we intend to preserve our already appeal status with the -- at the Commission level, so if we don't have an agreement on the final rendering, we should come back to you at any time in the future and try to make it work. Chair Russell: Thank you. Commissioner Carollo: Are you the owner of the building there? Mr. Cancel: No, no. We're tenants, and I am the President and CEO (Chief Executive Officer) of the company. Commissioner Carollo: Okay, of which company? The owner of the building? Mr. Cancel: La Placita. No. Commissioner Carollo: The resident? Mr. Cancel: The tenant. Commissioner Carollo: Okay. So my question to the Planning Director: Does he have authorization, power of attorney to represent the owner here today, or --? Francisco Garcia (Director, Planning): That has been presented and is of record; yes, sir. Commissioner Carollo: Excuse me? Chair Russell: Yes. Mr. Garcia: That has been presented and is on the record. Commissioner Carollo: Okay. I just wanted to make sure that, you know, we had that. Mr. Cancel: Yes. Commissioner Reyes: May I ask, what's the problem with the flag? City of Miami Page 200 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Garcia: There is absolutely no problem with the flag. The mural that is on -- Commissioner Reyes: Yeah, the mural; the mural that represents the flag. Mr. Garcia: Right. So the mural that's there now on that building runs afoul of the regulations, the requirements of the Historic District, because it has a limited color scheme in order to maintain the consistency, the coherence, the historic feel of the district that -- Commissioner Reyes: Among the palette of colors, there was red and blue in those colors? Mr. Garcia: Just not those shades of red. There was -- Commissioner Reyes: There were shades of red and shades of blue, so it complies with the palette. It complies with it. Mr. Garcia: I -- Commissioner Reyes: Now -- Mr. Garcia: -- take your point, sir, and I'm sorry to be fastidious, but there are very specific shades of red and blue that are not the ones shown there. Commissioner Reyes: They're not the ones that -- so if he shade it a little bit lower, a little bit higher -- You know, the thing is that as I have told you all the time, and my opposition to the -- making people -- I mean, place developers to place art in front of the -- art is in the eyes of the beholder. What's the difference between this and one of those graffiti in Wynwood, for example? I like this flag there much better. Commissioner Hardemon: Don't you mean graffiti in, like, Little Havana, or something like that? Commissioner Reyes: Or Little Havana, too. No, but -- you know, let me tell you, in Little Havana, we don't have tall -- all the buildings, you know -- we have some graffiti, also, because you got some of those buildings, they have some paintings that to some people could be art, but to me, it is horrible. But, I mean, I respect the taste. But what I really feel -- I don't know. I feel a little -- I would say irked. It's - - that it is a very proud flag and very proud people, you see? And I'm not saying this -- you see, I'm not Boricua, but I'm part Boricua. And, you see, I love it. And I don't think -- I don't know why we have to punish these people that are there -- I mean, because of the flag or because of -- it has become a destination point, you see; a designation point that -- it is fostering economic development in the area. I think that we can regulate and allow them to keep the building the way it is, because people are coming. We allow other peoples [sic] to have certain amount of art and what they call art. You see, this is something that it must be respected; it's the flag. It's the flag of a country -- Chair Russell: So -- Commissioner Reyes: -- you see. And I don't know. I --for me, in my opinion, we should allow that flag to remain there. And if we want to -- I mean, I don't see why we have to make them --force them to go into neon when it is not going to serve the same purpose. You see, this is attractive, because Puerto Ricans are very proud people and they love their flag. And if in New York they know there's a restaurant City of Miami Page 201 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 here that has a flag, they will come here. It's going to be a destination point that is going to help the surrounding areas, you see? Commissioner Carollo: So they're going to come for the flag, not the food. Commissioner Reyes: I don't think the food is going to be that great. But the flag, it is great. Commissioner Carollo: Well -- Mr. Cancel: It is one of the challenges. It's one of the challenges. Commissioner Hardemon: Mofongo. Chair Russell: All right. Let's bring this -- Commissioner Carollo: This -- Mr. Cancel: Thank you. Thank you, Commissioners. Chair Russell: -- let's bring -- let's put this in a -- this is a quasi judicial format for an appeal, so we need to be very careful of the way we do this -- Commissioner Carollo: Let -- Chair Russell: -- because whatever decision is made up here must be defensible from our side, as well as yours. Mr. Cancel: Okay. Chair Russell: So what we have here and the difference between Wynwood and the difference between Little Havana is a historic district, with very specific requirements under our Code. And however we feel about the flag personally, we need to translate our decision into the legal language of our Code so that it withstands challenge, because what has been said so far would not. If our decision here is challenged at a higher level, we cannot be arbitrary or capricious. We need to follow our Code very specifically -- Commissioner Reyes: Can --? Chair Russell: -- and I have some process questions, because you were granted a permit of sorts to do what you did, and that means something is not working in our system -- Commissioner Reyes: Yes. Chair Russell: -- with regard to one hand knowing what the other hand is doing. Commissioner Carollo: Well, the problem is that who supposedly handed them a permit has no authorization to hand that permit. Chair Russell: Under a historic district, they do not. In a normal circumstance, for them to offer a permit for you to have the safety and space to do a painting is another story. Commissioner Carollo: Well -- City of Miami Page 202 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: I have a question. Commissioner Carollo: -- let's get this thing -- Chair Russell: Let me finish, please, and then we'll each get a turn. So I'd like to understand what caused the failure of communication that allowed a permit to be granted without going through the proper checks that there were other -- there are requirements needed before a permit should have been granted. And I believe this is why we're trying to give as much leeway as possible to come to an amenable agreement; that if it is forced to a change that you weren't forced to remove and -- or get cited over a long period of time, because maybe there was a communication issue on our side. But I do believe we need to find a way to bring this into compliance -- Commissioner Reyes: Sir -- Chair Russell: -- with the HEP Board, with MiMo, and with the proper channels. Commissioner Reyes: -- you see, we have the power -- Vice Chair Gort: Mr. Chairman. Commissioner Reyes: -- as a body, as a Commission, do we have the power to change -- I mean grant an exception? Do we have the power to grant that exception in this particular case? Chair Russell: It would not be an exception. What we would do, we could grant or deny the appeal here, above and beyond the HEP Board decision. We are hearing this -- Commissioner Reyes: Okay. We have the power. Chair Russell: -- de novo. We can make a decision on our own here. Commissioner Gort -- Vice Chairman. Vice Chair Gort: My understanding, the -- you got a permit for an except -- a special exception -- Commissioner Reyes: That's right. Vice Chair Gort: -- and a police permit to do an event, but not to do the flag. Mr. Cancel: No, no. I'm sorry. Vice Chair Gort: Excuse me. Mr. Cancel: Okay. Vice Chair Gort: They don't have a right to give a permit to do the flag; neither one of the ones you got. So that's one -- things that we got to work on and we got to fix; special permit, issued to do a special event, which was the painting. Commissioner Carollo: That's correct. Chair Russell: Commissioner Hardemon. Commissioner Carollo: That is correct. City of Miami Page 203 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Hardemon: So the MiMo District is a special place, you know. I tend to agree with my dear Commissioner from the 4th District in regards to limiting our property rights in areas, because I live in a 1939 -built home, you know, and most of us in the City of Miami live in an older structure throughout the neighborhoods. So, you know, a lot of our neighborhoods -- and in my district, we have a lot of historic properties, we have a lot of historic areas, and we have these overlays. And so, I've never been to La Placita, but I would go to Balans that was there. So Balans was the same building, but it was the -- it predated La Placita. And it didn't last -- it didn't -- I mean, obviously, they moved on. But what I'm saying here is that the -- La Placita are newcomers to the neighborhood, and that neighborhood has a very strict code; guidelines to the type of colors and structures, and things that you can build. And the people that invest in those neighborhoods, they do it because they have those sort of regulations. And I think there are times in which you can -- there are exceptions that happen, but they probably should be along at least what you would expect in that space. This stands out -- Commissioner Reyes: Yeah, it does. Commissioner Hardemon -- like a sore thumb. It's beautiful, but it still stands out like a sore thumb. And so, it's like an insult to the other property owners who abide by the law and the homeowners that abide by the law. It's just like, you know, being in a residential neighborhood, and then all of a sudden, you get 16 trail -- what do you call it? -- like 16 -wheel trailers or something parked in your neighborhood. I mean, it's -- they're not supposed to be there. And then, to add injury to insult -- or insult to injury, rather -- the people who are doing it are new to the neighborhood. You know, maybe if it was Commissioner Carollo, because he's been therefor such a long time, you go and talk to him and say, "Hey, come on, now. Give me a break." But, you know, I think -- so there's that part of it. Now, I appreciate you asking to be remanded back down to the HEP Board, because I think that the HEP Board needs to review this sort of application, and it -- that was one of the things that I was thinking about, you know, from the last few times we've heard it till now, because, of course, I think most of us have probably read in the paper that there was a change in ideas as to what could go there, but it's just not fully flushed out yet. I think that most people's concern from the neighborhood has been, "What do you do with the flag until then?" because the flag has been up for a very long time, because we're giving people an opp -- we're giving you an opportunity to cure it. But, I mean, it's clear that people feel that it's abusive, because -- what I mean by that is that the flag remains there. The image remains there and it's not in compliance with the neighborhood and they're looking for you to come into compliance, and then there's no foreseeable time in which it can come into compliance. And so, I think that's the fear, you know, that's what the neighborhood is saying. And so, that's, I think, what we have to kind of -- Mr. Cancel: I get it. Commissioner Hardemon: -- you know -- grasp. So this same flag, I think, from a professional perspective -- and correct me if I'm wrong -- it works in different colors. Am I correct? Mr. Garcia: So we -- let me state very briefly -- Commissioner Reyes: Briefly? Mr. Garcia: -- that we wouldn't tamper with the colors of the Puerto Rican flag. Clearly, anything other than exactly those colors wouldn't be the Puerto Rican flag. We are respectful of that. At the same time, we are respectful of the fact that it is their wish to have a clear representation of the Puerto Rican flag on the building -- City of Miami Page 204 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Hardemon: Right. Mr. Garcia: -- but we -- Commissioner Hardemon: It's not about the flag. I'm just talking about the color scheme. Commissioner Reyes: The color scheme. Mr. Garcia: I understand. I understand. And so, the -- we have been working with the applicants for quite some time now, as I've represented to you before, to try to get the best possible representation of the Puerto Rican flag on the building that at the same time complies with the applicable regulations, and that's what you see there today. Commissioner Hardemon: Are the neighbors here today? Did anyone come today? I know they were here earlier. I know some of them were here earlier. Vice Chair Gort: They were here earlier. Commissioner Hardemon: So, I mean, to not belabor the point, would you like for us to remand you back down to the HEP Board, so they can review your additional plans? Mr. Cancel: Yes. But I would like to make some comments before that. Commissioner Hardemon: Absolutely. Mr. Cancel: I'm going specifically to Commissioner Gort, when you addressed that the Police Department doesn't have that authority. The permit that was used and that was issued never established a due date or a date for conversion, or a limitation. And it was very clear, that said, that an artistic mural was to be painted on that location. So I think -- and going back to Mr. Russell -- even though dealing with this kind of exception, I think that we have found ourselves in a loophole, and I'm confident that, because of all this discussion that's become public -- and even international -- I think that that loophole is finally closed. I bet that no one can go to this Police Department now and ask for a permit to paint nothing in MiMo. They will say, "We don't grant permits for paintings "; even though Building, Zoning, and Public Works, they say, "You can paint your building without a permit"; that's why our permit expediter got all entangled and referred to Special Events. So -- Commissioner Carollo: Who was your permit expert? Mr. Cancel: Permit -- the company's Permit X, and the guy -- I skip his name -- I can provide it to you. I don't work with him directly. My COO (Chief of Operations) works with him. So what I'm saying is that before maybe going into that recommendation that we already put on the record, I think that we both got into this loophole; we close it together, seeking for an exception, in order not to invest money on changing the schematics, but maybe investing money in the location and in other businesses around the district, and we can pay our dues. I would rather prefer to be punished with a community service, and us being like the mentors for other entrepreneurs that are trying to make it in the district rather than putting $50,000, 75,000, $100, 000 for neon and all of that, and maybe defeating the complete purpose, because at the end, that's a small business. That's not a big corporation. And we're not trying to either create a precedent, create a movement. We only did that because we understood that we had the permit from the City to do it. And now, we're in -- in all this situation, I think that we're investing too many City of Miami Page 205 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 time, of your time and of the people's time on focusing on something that maybe could be used for a great example for the future, and say, "Listen, this happened. This happened, why? One time. We closed that loophole. We granted an exception. No one will be allowed to do it again," and have our commitment to really reinvest into the community, into other small businesses by generating more economic development, jobs, and business synergy. We will be so proud to make those other businesses or buildings around us that are closed down to attract more people, more entrepreneurs there to really uplift MiMo. Chair Russell: Thank you for those statements. Commissioner Carollo: Mr. Chair? Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you. I don't feel this has got nothing to do, whatsoever -- Mr. Cancel: I'm sorry? Commissioner Carollo: This has got nothing to do, whatsoever, with a flag, whether it's one country or another; in this case, it's Puerto Rican. So that you would know, my aunt, she was a nun from the Sacred Heart for many, many years in Ponce. Then she became -- in the top Catholic school there. Then she became the principal in San Juan. She took care ofMaurice's aunt in the convent till the -- she died. So she's the one that showed me Puerto Rico. I spent a lot of time there with her while she was alive. So I'm saying that so that you could understand that, on the contrary, like many that are here, we have connections to Puerto Rico. But I am amazed -- and this is why I'd like to see that permit -- if, indeed, a police officer gave a permit telling you that you could do that, then there has to be consequences to be paid. And this is what I've been saying for some time. Nobody's held accountable in the City. How can a plain police officer in Special Events give this kind of permit out when they have no authority to do it, whatsoever, and there's no accountability, no price to pay? Now, Mr. Planning Director, is, in fact, what he's saying correct or not? What did this officer give him? Mr. Garcia: Commissioner, I think the very logical explanation for what is clearly a misunderstanding is that they sought a permit to undertake the painting of the mural. They went to the right department. The Police Department, the Special Events Unit is charged with providing a safety procedure so as to allow the painting to take place in a safe manner. They redirect traffic. They ensure that the scaffolding is correct, et cetera, et cetera. I don't disagree for one second that the permit issued contained the information that's being proffered. But quite simply, the Police Department never really cared to look at that information. They were oblivious to the subject matter of the work. They simply cared about the safety. So, yes, a permit was issued. Yes, their work and the project itself was rendered safe from the Police Department's point of view. But again, the subject matter depicted in this artwork was not approved, nor reviewed. That would be the proper province of the Planning Department. Commissioner Carollo: Well, that's clear. But is there anything that was put into whatever he was given that stated that he had a right to do that? And that's what I'm trying to get at. Mr. Garcia: No, I understand. And so, the best way I can explain it is to say, if I applied -- if I were to apply to the Police Department for a Special Events Permit to paint a Puerto Rican flag in my house -- right? -- and then I were to describe how City of Miami Page 206 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 I'm going to do it, and that were to be rendered or deemed safe, I would be issued that Special Event Permit. But the subject matter is the safety of the product; not the subject matter of the work that's being done. Commissioner Carollo: But was that included into what he was given? Did it specify that? Mr. Garcia: Maybe so -- Mr. Cancel: Yes. Mr. Garcia: -- but irrelevantly so. It was extraneous information, not considered, not relevant. Chair Russell: Commissioner Gort. Vice Chair Gort: Let me ask a question. We had something very similar come in front of us, and the artist -- the owner was there and the artist, and what it was, just changed the color a little bit. Does it have dimension, color? Because I know some of these colors, they think is too bright. And if you do it a little different, or change the tone a little bit, it's acceptable? Or is it the size of the painting? Mr. Garcia: Quite frankly, Commissioner -- and again, the question was partly, I think, asked previously. I -- Vice Chair Gort: No, no. I'm talking about to be accepted, because I remember that that night, we told the owner, "All you have to do is change the color a little bit. " They did that, and it was accepted. Mr. Garcia: Right; except this is a flag -- Vice Chair Gort: Okay. Mr. Garcia: -- and flags are very color -specific, as they should be. Chair Russell: I mean, flag art is flexible. Flag art. Commissioner Reyes: Another -- Commissioner Carollo: What -- Chair Russell: I don't want to mandate them to change the colors of that particular mural in that way. Vice Chair Gort: Yeah, but -- Commissioner Carollo: But if -- Commissioner Reyes: Didn't we have two ladies -- Chair Russell: Yes. Commissioner Reyes: -- that were here that they had some -- I mean, some murals in their business. Chair Russell: Yes. City of Miami Page 207 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: And they had some sort of a restaurant or a shop, something Chair Russell: Yes. Commissioner Reyes: -- and we voted in their favor, see? We voted in their favor. I mean, they were cited for the art that -- I mean, what they had, and I think it was close to this place. Commissioner Carollo: I don't remember that. Commissioner Reyes: Yes. I mean, it was late at night -- Chair Russell: It was in MiMo. It was in MiMo, as well. Commissioner Reyes: --Mr. Chair, right? Chair Russell: Yes. Commissioner Reyes: That was -- I think it was the last thing that we did that night. Chair Russell: Yes. Commissioner Reyes: Yes. And we took -- we allowed them to do it. And it was girls and (UNINTELLIGIBLE) figure. I mean, it was nothing but very colorful and playful, you see? Commissioner Carollo: Well -- Chair Russell: Mr. Director, would you like to give us the difference or comparison with that case? Because this is also in MiMo, and -- Mr. Garcia: It was also in MiMo. They were also deemed to be not in compliance and cited for the work. And in that case, those murals also did not comply with the applicable regulations. Ultimately, the Commission acted the way it did. One can only hope it will withstand challenge. But again, they were out of compliance with the applicable regulations. Chair Russell: Can I ask a question with regard to this permitting process? Because I don't know that the loophole has been closed, and I don't know whether there was a loophole. When the police issue this permit --it's a valid permit --is it the Police Department's responsibility to check what district that permit is being issued in, or is it on the owner, the applicant's responsibility to do that? Mr. Garcia: Ultimately, the -- an applicant -- and I'm sorry, let me take a moment, because the applicant can in good faith approach the Police Department for a Special Events Permit to do the work, and the Police Department will simply never engage in whether or not the work is a Puerto Rican flag or a Cuban flag, for that matter. Do you see? And so, that is superfluous is the best way I can describe it. Chair Russell: Not about the flag; about the district. Does the -- why would the Police Department know anything about where our historic districts are? They're not in that -- Mr. Garcia: They -- Chair Russell: -- department of our -- City of Miami Page 208 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Garcia: -- wouldn't, because safety concerns are -- Chair Russell: Okay. So is it -- Mr. Garcia: -- districtwide. Chair Russell: --normal procedure that they get the police permit for the safety and that they go to the Historic Preservation Office to get a proper permit for the content? Mr. Garcia: Correct. The evaluation and ultimate approval of the content resides with the Planning Department. Chair Russell: So they did half of what their responsibility was. They got the safety permit, but they didn't get the Historic Preservation Approval Permit. Commissioner Carollo: Yeah, but -- Chair Russell: It's not that police did anything incorrect, but in good faith, they may not have known about the district. They may not have known about whatever. In this particular case, they got the permit for the safety, but not -- they're not compliant, and they -- it is in violation and the HEP Board has opined on this. So I need to know where we're going as a board with this, because I hear a few different opinions. If we just remand it back to the HEP Board, we need to give direction, because the HEP Board has made their decision. Commissioner Carollo: Well -- Chair Russell: Their decision was that this is noncompliant, and it's a "no"; that's why it's being appealed up to us. Commissioner Carollo: -- my concern here is the following: I was ready to make a motion to deny the appeal, but if we gave him something that stated that he could go ahead, and if nowhere in there, in whatever format was given to him or he had to fill out, there's nothing that explains that this is step one, you have to go here or there, or give him some additional information that he knows that he just can't go and do what he did, then, you know, I got to rethink it, because if we do not tell the public what they have to do, very few people know how to go about it. I mean, you just heard him saying he hired an expediter. Well, he didn't do that because he wants to spend more money. He did it because in this town, unfortunately, this is the only way you get anything done. You got to hire somebody that knows the system -- Chair Russell: Right. Commissioner Carollo: -- to get it done. Chair Russell: Commissioner -- Commissioner Carollo: So, you know, I thought that they had just gone out and done something, because, hey, "We're going to do it. We're connected. The heck with it" -- Mr. Cancel: No. City of Miami Page 209 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: -- you know -- and doing it. Now, you know, I'm wondering if that's what happened or not. So I'm giving you the opportunity, if you could show me a copy of what you were given, so I could analyze it and see it here. Chair Russell: So -- Mr. Cancel: Someone can charge my phone, with real pleasure. I have the permit. Commissioner Carollo: Okay. Chair Russell: So -- well, while you're reading that -- Mr. Cancel: I got it. We got it. Commissioner Carollo: Thank you. Mr. Cancel: Great. It's in the file. Chair Russell: You know it -- but let me bring that into perspective, as well, because they did hire someone. Mr. Cancel: Prince -- Chair Russell: They didn't do this on their own. Mr. Cancel: -- Mason. Prince Mason is the name of the -- Chair Russell: Right. Mr. Cancel: -- expediter. Chair Russell: They should have known better; that you were in a historic district, and that there are further permits you need to get. Mr. Cancel. If I may? Chair Russell: Yes. Mr. Cancel: What was explained from him to us is that he came into the City; first to Building; then he was bumped into Zoning, Public Works, because he was requesting a permit to partially close the street in order to paint the building. Chair Russell: Yeah. Mr. Cancel: And what he said to us is that every time that he was seeking for that permit and all the requisites and all the paperwork that we had to submit to the City, like insurance policies with the City as a beneficiary, we did all that. When the City asked him, "For how many days you need that road, the 67th Street" -- "the 68th closed?" he said, "No, it's only for a day. " And then they said, "You just have to go to the Special Events Department of the Police Department. " So he was sent out there. And when he fulfilled the application, it is a rectangle that says, "What's the purpose of the Special Events Permit?" And we put, real specifically, "To paint our artistic mural at the location." Chair Russell: Right. City of Miami Page 210 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Cancel: So at no point we were questioned, like, "Okay, so that is going to have a lifetime of one week, one month? Are you going to do this with the assistance of no one?" So we had the permit. And with that permit, we also got off- duty officers to work with us, because the Police Department incentivized us to get that on the security side, and we did. Chair Russell: Thank you. You've been clear on the process. Commissioner Carollo: Hey, can I -- Chair Russell: So what -- Commissioner Carollo: -- ask the Planning Director a question to see if this makes Chair Russell: Yes. Commissioner Carollo: -- more sense? Francisco, when you're done there. Thank you. The MOT (Modification of Traffic) stands for what? Mr. Garcia: If I'm not mistaken -- Commissioner Carollo: What's that? Mr. Garcia: I'm sorry? Commissioner Carollo: MOT -- Mr. Garcia: Right. Commissioner Carollo: -- stands for what? Mr. Garcia: "Modification of Traffic, " I'm being advised. Modification of Traffic. Commissioner Carollo: Okay. Well, let me tell you what I'm reading. All that it says is, "Police Department's Special Events Permit"; got a date of December 27 of last year. Maximo Silva, was that one of the people with you? Unidentified Speaker: I was here then. Mr. Cancel: Yes. Commissioner Carollo: Huh? Unidentified Speaker: I was Chief Operating Officer. Commissioner Carollo: Okay. Nowhere here is there even any name of who authorized this for the Police Department Special Events, but this is what it says: "Purpose: Applicant is authorized to conduct artistic painting of mural at the above -listed location. Applicant is permitted to close the above -listed location per attached approved MOTs. Comments: Working hours," which I'm beginning to see now -- I didn't know that that was required. So, you know, my buddy over there at 8th Street, I've seen him violating this. My God. You know, it just doesn't stop. It says, "Applicant must comply with approved MOTs and will hire City of Miami extra -duty officers necessary," on and on, "to assist with pedestrian and vehicle traffic control, concerns on public safety. At no time will emergency access be obstructed for access to local business, parking lots, or garages. A copy of this City of Miami Page 211 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 permit and approved MOTs must remain on site at all times." I mean, someone doesn't know -- Mr. Hannon: Chair? Commissioner Carollo? Commissioner Carollo: They would think -- Chair Russell: Commissioner, pause for one moment, please. Mr. Hannon: I do apologize, but I'm required to do this per Miami City Commission resolution. Commissioners, the time is now 10p.m. Miami City -- Vice Chair Gort: No, no, no. Mr. Hannon: -- City Code Section 2-33 states: "The City Commission shall adjourn at the conclusion of deliberation of the agenda item being considered at 10 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present." Commissioner Carollo: Well -- Vice Chair Gort: Move to extend it. Mr. Hannon: With this in mind -- Commissioner Carollo: -- this is the last item. Mr. Hannon: -- the conclusion of deliberation of Item PZ.6, the City Commissioners present on the dais must unanimously agree to extend the duration of the City Commission meeting, or the meeting shall adjourn. Chair Russell: Thank you. And just to clam Mr. Clerk, once that unanimous agreement is made, not everyone needs to stay. Commissioner Carollo: No, no. Chair Russell: So if somebody needs to leave early, but they're okay -- Commissioner Carollo: No. Chair Russell: --with us continuing, they could vote -- Commissioner Carollo: No. Chair Russell: -- unanimously -- Commissioner Carollo: No. Chair Russell: -- to continue. Commissioner Carollo: No. Commissioner Hardemon: No, I agree with him. Commissioner Carollo: No. That's not what he said. Vice Chair Gort: You're not -- City of Miami Page 212 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: This (UNINTELLIGIBLE). Chair Russell: No, no. Does unanimous -- Commissioner Carollo: You haven't understood. Commissioner Hardemon: So -- Chair Russell: No, no; unanimous agreement to continue, but that doesn't mean everyone has to stay. Commissioner Hardemon: Right. Chair Russell: Am I correct? Commissioner Hardemon: Once we announce we agree to continue, we continue on -- Chair Russell: Yeah. Commissioner Hardemon: -- and if someone leaves thereafter, you can do so. Chair Russell: Yes. And so, I just wanted to clam that so that -- Commissioner Carollo: No, no, no. Rafael? Chair Russell: No, but that means it's your choice at that time. If you want to stop the meeting -- Commissioner Carollo: Right. Chair Russell: --you can. Commissioner Carollo: Yeah, or I could -- Chair Russell: Or if -- you can vote 'yes, " we continue, and you leave. Commissioner Carollo: Well, I don't think that's what he read, what we have. But, you know, since I'm going to tell you that I do want it to be stopped, it don't matter, but I don't quite read it that way. But anyway. Commissioner Hardemon: The rule says you -- Commissioner Carollo: But -- Chair Russell: Well, it's up to the Commission to decide, and we'll make that decision, so. Commissioner Carollo: -- you got -- Commissioner Hardemon: No. That was a -- it was at this time. Commissioner Carollo: This is the last item. Commissioner Hardemon: No, that's not how to -- that's not how it works. Commissioner Carollo: Well, look, could -- can we have a vote on this? City of Miami Page 213 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Not -- Commissioner Carollo: No. Chair Russell: -- until the completion of the item. Commissioner Carollo: Okay. Rafael Suarez -Rivas (Senior Assistant City Attorney): Why don't you re -read that, Mr. Clerk, if you don't mind, please. Mr. Hannon: Yes, sir. So what I will do is I will read. Miami City Code Section 2- 33 states: "The City Commission meeting shall adjourn at the conclusion of deliberation of the agenda item being considered at 10 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present. " Commissioner Carollo: It's clear as daylight -- Chair Russell: Yeah, it is. Mr. Suarez -Rivas: That would mean that at the conclusion of the item -- Commissioner Carollo: Yeah, when -- Mr. Suarez -Rivas: --that's when you would vote. Chair Russell: When we take a vote. Commissioner Carollo: Okay. Mr. Suarez -Rivas: That's when you would take it up, or you are adjourned. Commissioner Carollo: Okay. Now, here's the problem that I'm having. Look, I'm going to give you the benefit of the doubt that you guys didn't know what you were doing. I have no reason to doubt that. And I'm not saying this because I know some of the people involved with you, too. I know Julian; my wife's known him, too. So it's not that, because, you know, frankly, I think a lot of the neighbors were correct in being very upset. And you have other issues that have nothing to do with the mural that I hope they've been resolved, or you're doing your best to resolve them. But, you know, if you're being given something like this, anybody that doesn't know how the system works -- If I was given this, I didn't know that you had to go through all these other hoops. I would think that I was given a permit. Chair Russell: I agree. Commissioner Carollo: So it's not what I was thinking before. Chair Russell: Wouldn't your expediter know better, though? Commissioner Carollo: Yeah. Well, you know, who knows with some of these expediters, you know? Anybody now says they're an expediter. And, you know, some are connected and some are just trying to make a quick living, and, you know, they mess the people up more than they help them. But regardless, you have a problem that this can't stay in my book. And, you know, I want to see how I could help you in the best way. You know, I'm only one. I'm only speaking for myself. But I certainly am not going to be looking for any fines or anything against him, City of Miami Page 214 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 because I think they did it in good faith. And, you know, that's my opinion. I mean, I -- if the law says that it's got to go in a certain way there, and this is something new, you know, we have to follow that across the board there. This is not something that he bought that was there before, and he didn't know that it had been there for years or decades. This is different. I will go as far as we need to, to help him with the neon, or see how it could be done in a different way that it would meet the Miami neon retro look, or whatever it's called. But, you know, I will not be looking for him to be fined in any way, because of this. And we can't run the City like this anymore. You know, we're putting stuff out to people that gives a total different impression. We have not done -- I mean we have so many laws and regulations now, and our citizens don't know. And then when they get hit with something -- and those of our citizens that are elderly, you know, they're totally, totally lost. Chair Russell: Thank you, Commissioner. So my hope tonight was that we would actually resolve this here, and not have to remand it, as we have the ability to do so. I believe that would bring it into compliance more quickly. Commissioner Hardemon: But what -- but the problem with that is that we don't have a product. The only thing that would -- by law, if you take a look at what we're dealing with, even if it is a mistake -- and I believe it was a mis -- they were doing something that they believed was to be good. Chair Russell: Yeah. Commissioner Hardemon: It's just that it was not within the law. You know, you didn't know you were speeding, but in fact, you were, so you still get a ticket for speeding. I'm not saying that they're going to be punished, but what I'm saying is that on the Historic Preservation Board, there are some people there that take this stuff very seriously, and that will take every aspect of this and compare it and contrast it with the law. And I think that they -- and he's willing to do it -- they deserve an opportunity to meet there to make it work. Chair Russell: So would that be a granting of the appeal, a denial of the appeal, or a remanding with instructions? Commissioner Hardemon: It's remand with instructions. Mr. Suarez -Rivas: In my view, a remanding with instructions to the Historic Preservation Board. But I would think that you would be telling the applicant to file a new Certificate of Appropriateness. I'd like to hear from Planning or the HEP Officer, because, you know, the -- there's no bar in that Code to refiling, but presumably, they wouldn't be filing the exact same thing that the Historic Board denied, because that is a decision. So you -- if that's the wish of the Commission, you'd refer it back to -- Chair Russell: How is -- Commissioner Carollo: But the -- Chair Russell: -- how is -- go ahead. Commissioner Carollo: --problem here is that, one, you can have a neighborhood thing that, hey, you know, people can do stuff like that and get away with it if they feel that they're connected somehow. And, I mean, look, everybody in that neighborhood knows that our City Manager, the guy with the real power here -- let's not kid ourselves. We don't have any, and I got the least amount, because City of Miami Page 215 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Little Joe here loves me so much, and he's the point man for the Manager. So the whole town knows -- not just that area -- that the Manager's been there, taking selfies, eating; the Mayor's been up here getting pictures, and what message does that send? "Hey, we're leaving them there, because they're connected. " We can't have that. Chair Russell: Commissioner -- Commissioner Carollo: We can't have that. Chair Russell: -- I'm going to ask that we don't go down this path. I'd like us to deal with the issue at hand -- Commissioner Carollo: I am dealing with the issue. Chair Russell: -- work with the Planning -- you're casting aspersions, actually making nicknames for respected members of our Administration. I don't think we need to go there. Commissioner Carollo: Listen, if you want to play that game with me -- Chair Russell: I'm not playing any -- Commissioner Carollo: --let it all out, and I'll play it with you, and I'll dance with you as far as you want me to go. Okay? Chair Russell: Commissioner, I just don't think it's relevant. It's -- Commissioner Carollo: But the problem is that you -- You know, you got to stop being a lapdog, okay? Chair Russell: Oh, please. Commissioner Carollo: That's the whole thing. You got to stop being a lapdog. I know they're raising all kinds of money for you. I know that you get whatever you want here. Chair Russell: You think that -- Commissioner Carollo: And all you're thinking about is the next election. Think about what's important for the City; not your election, not yourself. Vice Chair Gort: Gentlemen, decor. Come on now. Chair Russell: You're out of order. You're out of order. Commissioner Carollo: Not more than you are. Chair Russell: No, no, no. This is decorum. We need to treat each other with respect -- Commissioner Carollo: Well, then, you begin by doing it. Chair Russell: And I am -- Mr. Suarez -Rivas: If I -- City of Miami Page 216 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: -- but by making -- by calling Joe Napoli "Little Joe," that's just demeaning and rude. Commissioner Carollo: Oh, oh, okay. Chair Russell: I'm sorry. Commissioner Carollo: All right. Look -- Chair Russell: We don't need to call names of each other. Commissioner Carollo: Oh, no, no, no. Chair Russell: We don't need to make accusations of impropriety, because we've eaten in a restaurant. Commissioner Carollo: Listen -- Chair Russell: We simply need to get through this business of the day without the drama. Commissioner Carollo: Don't melt on me here tonight, please. Don't melt on me. Chair Russell: I'm -- I just want to do the business of the day. Commissioner Carollo: Then let's finish it. Chair Russell: Okay. Commissioner Carollo: Now, because you're really -- you're being a bigger snowflake than anything else that I've seen. Chair Russell: Not at all. I'm trying to control the meeting. I'm not trying to wilt at all. Commissioner Carollo: Well, then, let's finish the meeting. Chair Russell: And I want us -- I really want us to do -- Commissioner Carollo: Let's finish the meeting then. Quit crying to me and finish the meeting. Mr. Suarez -Rivas: Members of the Commission, if I may -- Vice Chair Gort: Mr. Chair -- Mr. Suarez -Rivas: -- I don't know if you -- have you -- as you deliberate this item, have you heard from the public? Did you open as to whether you wanted to --? Vice Chair Gort: Mr. Chairman? Chair Russell: We've had public comment already on all the P&Z items, yes. Commissioner Carollo: The public -- Chair Russell: Commissioner Gort. City of Miami Page 217 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: -- cannot stay this late. People have to work. They had to go. Chair Russell: Vice Chairman. Vice Chair Gort: Mr. Chairman, my understanding is the Administration, we've had public hearings before where they've been discussing the Planning Department, they been discussing, they have been working with them to come up with an agreement. I think what we have to do here today, continue to work, make the presentation to the historic site, and there's no decision to be made. Chair Russell: All right. We need to give HEP direction, though, with regard to this flag, because HEP has made a decision about this flag. We need to either -- Commissioner -- Director, you have a comment? Mr. Garcia: Yes. I was simply going to say that at present, what has been presented to you is something -- an alternative proposal that we are hopeful will comply with the applicable regulations. Chair Russell: All right. Then we can simply remand to HEP to consider the new application for Certificate of Appropriateness. Vice Chair Gort: And no penalty, because of the issues we discussed here. Chair Russell: Agreed. Agreed. Mr. Garcia: Yes. And to give everyone some sense of comfort, we are mindful of the fact that there was some confusion involved, and that will certainly be reflected once they seek, as they should obtain some mitigation for whatever fines have tolled. Chair Russell: Thank you very much. Is there a motion? Commissioner Carollo: Explain this again for the fines, because in that, I'm in agreement with that they shouldn't get stuck with the fines based upon what I see here. Mr. Garcia: And -- Commissioner Carollo: I also expect this Administration to change these forms, to put in writing something else, so this doesn't keep happening. And this is what I'm talking about; there's no accountability here, whatsoever. Mr. Suarez -Rivas: And if I may, just on that point, it's a fair point that I -- we're thinking about that you could just quickly amend that application to provide the content and copy and size, and so forth will require separate review and approval, because I don't think -- whatever happened here, I don't think it seems that -- Chair Russell: Let's fix that. Mr. Suarez -Rivas: Right. Chair Russell: Let's fix that on a separate (UNINTELLIGIBLE). Commissioner Carollo: But what -- how do we deal with a mural that's painted that is not authorized? City of Miami Page 218 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Garcia: I'm sorry, sir. Can you repeat? Commissioner Carollo: How do we deal with a mural that's painted that's not authorized? Mr. Garcia: Right. And so, the intent is that upon getting approval for the alternative proposal, the present mural will be replaced with the alternative proposal. Chair Russell: So it can stay until the HEP Board makes final decision? Mr. Garcia: (UNINTELLIGIBLE). Commissioner Carollo: This could take how long? Mr. Garcia: To go through the process, I would imagine about two months or so to have that heard by the HEP Board. Vice Chair Gort: As long as he's in appeal, he doesn't have any problem. He's going through the process. Chair Russell: Yeah. All right. Vice Chair Gort: Let me tell you all something, though. We have a saying, you understand, (Comments in Spanish). The amount of publicity you'll be receiving is - - I'm sure your sales have increased quite a bit. Chair Russell: Yeah. So is there a motion? Is there a motion to remand back to HEP Board? Vice Chair Gort: Move it. Chair Russell: Moved by Commissioner Gort. Commissioner Hardemon: What was the motion? Chair Russell: Remand it to HEP Board to consider the neon application. Mr. Suarez -Rivas: To consider the new application for a new Special Certificate of Appropriateness for this property at 6789 Biscayne Boulevard. And even though it wasn't expressly stated, I believe it's inherent in that that there will be no fine action or Code action until there's a new decision. Chair Russell: Yes. Commissioner Reyes: What --Mr. Chair? Chair Russell: Commissioner Reyes. Commissioner Reyes: The -- it means that there is no other alternative than to go to a neon? Mr. Garcia: It's -- if -- Commissioner Reyes: I mean, there's no alternative? There is -- I mean, we cannot do with La Placita what we did with those two ladies? I mean -- City of Miami Page 219 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: We could have here, but this is not the will of this board, unless you want to make a separate motion. Vice Chair Gort: Its too small. My understanding is there's no -- it's not only the color, but the size of the -- Commissioner Reyes: The size, too big. Vice Chair Gort: -- the size also has to do with it. I think we can work with the existing flag. He might be able to do something to maintain it. Commissioner Reyes: That's right. I mean it should be (UNINTELLIGIBLE) -- Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Reyes: -- none of this to make them spend that much money. Vice Chair Gort: Not as it is right now. I mean, he's got to look at the condition, the person -- Commissioner Reyes: Well, I -- Vice Chair Gort: -- the owner's got to look at the condition. Commissioner Reyes: -- or we'll -- back to -- add to that motion that I will go back to the HEP Board, try to find alternative solutions; not only what Mr. Garcia is saying, "Well, we're going to go to neon," you see. See if it is the possibility of having other solutions to the problem that will be acceptable, or it could be -- it could come back to us, okay? It could come back to us. Vice Chair Gort: Right. Commissioner Reyes: You see, that's the problem with historic preservation, sir. People are dictated what they do with their property. Vice Chair Gort: Okay. Chair Russell: So -- I'm sorry. Where -- there was a motion, Commissioner Gort? Vice Chair Gort: Yeah. Chair Russell: Is there a second? Second by District Commissioner. Are we clear on the motion? Thank you. Is there any further discussion on the dais? Hearing none, all in favor, say "aye." Vice Chair Gort: Aye. Chair Russell: Aye. Commissioner Carollo: No. Chair Russell: Any opposed? Commissioner Carollo: No. Chair Russell: "No" and "no." 3-2. You're a "no," as well. I thought you were in favor of remanding to the HEP Board. I apologize, Commissioner. City of Miami Page 220 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: I'm in favor with certain conditions; not so they could be here for an unlimited amount of time. This could go on for a year; who knows? (UNINTELLIGIBLE). Commissioner Hardemon: Right. That was part of what my concern was. That's what I expressed on the record. Commissioner Carollo: In fact, the easy way to do it is to deny it and then send it to the HEP Board. You deny this and you send it to the HEP Board the neon lights that he wants so that we could show the people that live in the northeast that had approved this that we're following our own laws and regulations. Vice Chair Gort: No, I understand. But let me tell you one -- what the problem is. If you deny it, in the motion today, he's got to erase that flag right now. Commissioner Carollo: Excuse me? Chair Russell: He's got to -- what? Vice Chair Gort: He has to erase the flag, because it's not in compliance if we deny the appeal. Commissioner Carollo: He's going to be doing it anyway from what we're saying; that we're sending it over so he can get approved, the neon. Chair Russell: I think we're honestly trying to find a way to do this (UNINTELLIGIBLE). Vice Chair Gort: Well, while he's in the process in appealing -- he's been going through the process so he can stay there until he comes up with the new sign. It gives him an opportunity. Chair Russell: We're trying to not erase the Puerto Rican flag on Constitution Day. That would be the motion here. Commissioner Carollo: Well, I thought that the -- Chair Russell: In seriousness, what we're trying to do is find a way for him to come into compliance without having to erase what's there right now. And I think we've been clear that it is a violation -- at least a majority of the dais. Not everybody believes that it should stay as it is, so we're trying to find a way to rectify the situation that works for you, as well, because -- recognizing the situation. Commissioner Carollo: Well, what I believe -- and I'll state it again -- based upon what he gave me or what he gave us that he should not be fined -- Chair Russell: Agreed. Commissioner Carollo: -- because with this, I myself would have thought the same thing he did -- Vice Chair Gort: And that's part of the motion. Commissioner Carollo: --that he had a permit to put that up. Vice Chair Gort: That's part of the motion. City of Miami Page 221 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Part of the motion is no fines. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Suarez -Rivas: And part of the motion besides, if that is your will, to remand it back to HEP to reconsider, a new Special Certificate of Appropriateness with alternatives is that there will be no Code Compliance enforcement or fines in the interim of that -- during that interim time, until that is finished. Vice Chair Gort: Right. Chair Russell: Yes. Commissioner Reyes: Okay. Chair Russell: All right. So -- Commissioner Reyes: Can we pro --I mean include a time limit? Mr. Suarez -Rivas: Well it -- Commissioner Reyes: Within the next 60 days, within the next -- Mr. Suarez -Rivas: -- you can direct them to file something. The boards don't meet in -- Chair Russell: August. Mr. Suarez -Rivas: -- August, but you can direct them to file something within -- Mr. Garcia: Right. So I'll say this: We are -- I think the applicant and we, as well, are interested in receiving an application that has the details necessary to make it feasible. They need probably a little more time to work on that. But our commitment -- and I think their commitment, as well -- is to go expeditiously to the HEP Board. And my commitment to you is that we will try to accomplish this -- Commissioner Carollo: What's the day time? Mr. Garcia: -- within two months. Commissioner Carollo: What's the day time? So if you get 60 days, couldn't --? Mr. Garcia: Two months, sir. Commissioner Carollo: Huh? Mr. Garcia: Two months. Commissioner Carollo: Okay. So if we put 60 days in the resolution? Mr. Garcia: So we would prefer some leeway, but I think 60 days is reasonable. Commissioner Carollo: Okay. Vice Chair Gort: Okay. Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 222 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Just to clarify what happens after 60 days if the board -- Mr. Garcia: At 60 days, we will work with the applicant to expeditiously complete the proposal -- Chair Russell: Yeah. Mr. Garcia: -- and have it heard by the HEP Board. Chair Russell: All right. So does that still leave us into 3-2, "yes, " "no, " or where are we? Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Reyes: You're a 'yes" vote on the remanding to HEP Board. Commissioner Carollo -- Commissioner Carollo: With the 60 days -- Commissioner Hardemon: We would -- I'll -- as a seconder, I'll accept that amendment. Commissioner Carollo: Okay, with the 60 days. Commissioner Hardemon: There was unready -- I was saying there was unreadiness in the vote; that's what was happening here. So I don't want the -- to be clear, I don't think the record should reflect that a vote was taken. We were in process of taking a vote, and there was an expression of unreadiness. Chair Russell: I would agree with that as the Chair. I -- that's why I asked the question, because I -- what you said didn't seem to reflect what -- your vote, and I would be (UNINTELLIGIBLE). Commissioner Carollo: I'll -- Chair Russell: Thank you. Commissioner Carollo: -- agree with that, so why don't you call the roll again. Chair Russell: Okay. All in favor -- Commissioner Carollo: With the amendments of 60 days. Commissioner Hardemon: Yes, right. Chair Russell: Yes. Mr. Suarez -Rivas: As amended, with -- Chair Russell: As amended. Mr. Suarez -Rivas: -- the same motion, but with the requirement that a new application be filed within 60 days. Chair Russell: Commissioner Gort, as the mover, you're okay with the amendments? City of Miami Page 223 Printed on 10/21/2019 City Commission Meeting Minutes Vice Chair Gort: I'm okay with it, yeah. Chair Russell: Seconder already agreed All in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you and good luck. Mr. Cancel: Thankyou. PZ.7 RESOLUTION 5901 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: GRANTING/DENYING THE APPEAL FILED BY PETER R. WAGONER Department of AND MICHELE BEAUVAIS-WAGONER AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI ABSENT: HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-6.2(b)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE NEW CONSTRUCTION OF A TWO- STORY SINGLE-FAMILY STRUCTURE TO A NON-CONTRIBUTING PROPERTY, LOCATED AT APPROXIMATELY 5965 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA 33137, WITHIN THE MORNINGSIDE HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180340080. ENACTMENT NUMBER: R-19-0322 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo July 25, 2019 Note for the Record. For additional minutes referencing Item PZ. 7, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: All right. Back to PZ (Planning and Zoning), please. Vice Chair Gort: 7. Chair Russell: I'd like to take up PZ. 7. Thank you very much. Thank you for your patience. I know you've been here all day. PZ 7; who is representing? Unidentified Speaker: I believe the appellants need to present first. Chair Russell: Hello. Thank you for your patience today. Unidentified Speaker: We're not shooing them off. Commissioner Hardemon: The noise. Unidentified Speaker: We're not shooing them off. City of Miami Page 224 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Mr. Director, could you set the table for this? Could the Administration set the table on this item? I'm -- we've lost the quorum, so we'll -- it's just you and I. Commissioner Reyes: You and I. I don't know. Rafael Suarez -Rivas (Senior Assistant City Attorney): No; can't do anything. Elvis Cruz: I am the audio visual geek. Michele Beauvais -Wagoner: He's my IT (Information Technology). Mr. Cruz: I'm just a computer operator. Ms. Beauvais -Wagoner: He's my IT. Chair Russell: I think we're ready. All right. Come back to order, please. We do have a quorum. We are taking up PZ.7, an appeal of a HEP (Historic & Environmental Preservation Board) Board decision. I'd like to welcome the appellant, who can start. Ms. Beauvais -Wagoner: Commissioner, I have a packet of new information that I'm going to be giving to the Clerk. You each have a copy of it. Chair Russell: Is that -- Vice Chair Gort: Speak into the mike. Chair Russell: --this item? Is that this item? Ms. Beauvais -Wagoner: Yes. Chair Russell: This is yours? Ms. Beauvais -Wagoner: Yes. Chair Russell: Okay. And could you pull your microphone a little closer, please? Ms. Beauvais -Wagoner: Do --I think I have the microphone on now. Yes? Chair Russell: Just a little closer to you. Point it right up at your mouth. There you go. Thank you. How much time do you need to present your side? Ms. Beauvais -Wagoner: About 10 minutes -- Chair Russell: That's fine. All right. Ms. Beauvais -Wagoner: -- if I can speak fast enough. Chair Russell: Take your time. You've been patient with us; we'll be patient with you. Ms. Beauvais -Wagoner: Okay. My name is Michele Beauvais -Wagoner. I'm here with my husband, Peter Wagoner. We live at 5955 Northeast 6th Avenue, our home for the last 19 years, and it immediately abuts the subject property. We're appealing this proposal, because it violates the Miami City Code and the Morningside Historic District guidelines. We're joined in our appeal by a petition, signed by 60 of our City of Miami Page 225 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Morningside neighbors, which is included in your packet under Tab 1. We ask you to please see the blue sheet in your handout. New construction in a historic district must comply with Miami City Code Section 23-6.2(h), which states, "Where new construction is required in Sub -Section "A, " the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure, or the relationship and contingruity [sic] between the subject structure and its neighboring structures and surroundings; nor shall the proposed work adversely affect the special character or special historic, architectural, aesthetic interest or value of the overall historic site, or historic district." The Morningside Historic District guidelines defines an "enclosure" as a fence, and then states, "Enclosures may not be located in front of the front facade." These laws exist to protect the character and integrity of Morningside Historic District. They are very beneficial to the neighborhood. And as the City staff and the City Attorney has told you, they supersede Miami 21 as a higher standard. Throughout the high crime years of the 1980s and '90s, during the wave of prostitution on the boulevard, the crack cocaine epidemic, and many burglaries in Morningside, the houses on this block of 6th Avenue, except for one, had no fence along their front yards; in particular, House Number 12 has never had a front yard fence. House 10, which is our home, has never had a front yard fence. House 9 has never had a front yard fence, House 8 has never had a front yard fence, House 7 has never had a front yard fence, House 6 has never had a front yard fence, House S has never had a front yard fence, House 3 has never had a front yard fence, House 2 has never had a front yard fence, House 1 has never had a front yard fence. The lone exception is House 4, which does have a four foot front yard fence, which was installed prior to the establishment of the Historic District in 1984. This picture close -- sorry. This picture clearly shows how a front yard fence can adversely affect the historic character and conjurity [sic] of the other houses on the street and throughout the Historic District in general. With respect to the subject vacant property, which we label "I]," and is outlined in yellow, consider the following: The chain link fence across the front yard was installed without a permit -- the permit results are under Tab Number 4 -- and as such, is illegal and not eligible to be grandfathered. Please notice the black gate at the frame right. That's the Morningside vehicle barrier. There are 17 feet outside the barrier. The applicant told the HEP Board they wanted to keep the front fence; otherwise, anyone could walk around the end of the, quote, "security fence," unquote. That is incorrect information given to the HEP Board. The barrier is not a security fence. It is only a vehicle barrier. It is specifically not a security fence, because by Federal law, under the American with Disabilities Act, the gate is required to be -- to allow pedestrian access 24 hours a day. The remaining 20 -- 83 feet of chain link fence inside the vehicle barrier, built along the front property line of the subject property, was installed illegally, without a permit, and therefore, cannot be grandfathered. It is in violation of Chapter 23 in the Morningside Historic guidelines. The City staff report includes in a completely illogical sentence, quote, "Although nonconforming to the Morningside Design guidelines regarding fences, staff does not object" -- excuse me -- "to the metal picket fence in the front yard, " unquote. In that one sentence, City staff readily admits that the fence is illegal, then turns around and says it doesn't object. That makes no sense. Perhaps at the time, the City staff did not know that the fence had been installed illegally, without a permit, and therefore not grandfathered. Chair Russell: May I ask you a question really quick, just to clarify? Ms. Beauvais -Wagoner: Mm-hmm. Chair Russell: The pictures you showed were a chain link fence, but staff seems to be open to a metal picket fence. City of Miami Page 226 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Beauvais -Wagoner: Yes. What I believe they're -- approved is removing that pick -- that chain link -- Chair Russell: And putting in a metal picket fence. Ms. Beauvais -Wagoner: -- and putting a picket fence. Chair Russell: So staff is not approving of the chain link fence? Ms. Beauvais -Wagoner: No. They're saying that they can put a six foot picket fence. Chair Russell: Understood. Thank you. Ms. Beauvais -Wagoner: Okay. Chair Russell: I just wanted to make sure I knew what you were saying. Ms. Beauvais -Wagoner: Mm-hmm. Chair Russell: Thank you. Ms. Beauvais -Wagoner: The Preservation Office failed to apply the Morningside guidelines in its recommendation to the HEP Board, and the HEP Board followed that error. We have obtained an expert analysis from Arthur J. Marcus, a registered architect who specializes in historic preservation. It's in your packet under Tab 6. On Page 2, Arthur Marcus writes, "The proposed six-foot fence at the front yard of this proposed project will adversely affect the neighborhood and impose a hardship by not maintaining the district norms and regulations. It would set a dangerous precedent for all future projects in the neighborhood. " The setback of the proposed house is also outside the district norm. We have a three-dimensional markup showing the proposed house with the two historic houses next to it. They propose a setback of only 20 feet when the average setback on the block is well over 30 feet. Here is a plan view on the monitor with the existing houses on either side. The red arrows show the abutting setbacks. The difference clearly shows the incongruity that would adversely affect the relationship and congruity between the subject structure and its neighboring structures. Please refer to the table under Tab 6 regarding the specific setbacks for each house. There is no question that allowing a 20 foot setback on this 153 -foot -deep lot when the setbacks on either side of the subject property are 36 feet would adversely affect the historic character, congruity, and aesthetic value of the neighboring structures, and the Historic District, and therefore, in violation of City Code 23-2.6(h). Here is the context map on the monitor submitted by the applicant that fails to include the historic -- its historically - contributing single-family resident to the north, which we label Number 12 in our presentation. The red block does not fully convey the size of the subject property, making it look like it is set back even further than our house. Staff analysis says that the plans depict new walls along the rear and side property lines, but the plans clearly state an eight -foot -tall chain link fence. The HEP Board was given incomplete, inconsistent, and incorrect information on the project. What is even more striking when looking at an overhead view, one can immediately notice that all the houses along the block are set approximately next to each other; none significantly forward of its neighbor. Even House Number 1, which is constructed on a significantly undersized 60 -foot -deep lot, has been oriented so it does not block the site lines of its neighbor. Mr. Marcus confirms our assertion and states on Page 1, quote: "The required setback should reflect the higher standard of the Historic District in which the proposed project is to be located. As a minimum, the front setback should not be less than the house on either side. The minimum 20 foot setback of Miami 21 will adversely the historic, architectural, and aesthetic City of Miami Page 227 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 character of the immediate neighborhood, and set a destructive precedent for future projects within the Morningside District." That analysis from an expert is substantial competent evidence. Allowing the proposed fence and minimal setback would be departures from essential requirements of law. Regarding the proposed house, please note the layout of the site plan. It is unlike any other house in Morningside, and resembles more closely the motels on the boulevard. It is divided into four separate buildings, each having its own bedroom and bath, joined by only short hallways; including a two-story garage, with bed and bath on the second floor. We wonder if the owner, PIM Investments, LLC (Limited Liability Company), or a subsequent owner might be encouraged to use some of these separate sleeping quarters and high, eight foot perimeter fencing to enable and conceal undesirable functions, such as Airbnb-type rentals. Lastly, you may ask why the proposed project has been situated along one side of the property, with only a 20 foot setback. The HEP Board was told it was a layout to save the greatest number of trees. We love trees and we examined the boundary survey and the tree survey at length. Peter, my husband, will show you what we found. Peter Wagoner: Commissioners, good evening. My name is Peter Wagoner. I'm a registered professional engineer in Florida, Michigan, and New York. I'm retired. From the applicant's plans, we identified all the trees proposed to remain in place, shown in green. Trees to be relocated are shown, circled in red. Once the trees are so identified, a pattern emerged. And we wondered if there could be a layout which could save more trees and deal with our other concerns. Two alternatives are presented. The details of these are provided at Tab Number 8 in your handout. In the first alternative, the ground floor is 4,410 square feet. Discounting the proposed relocated or removed trees, the net tree loss is seven. In the second alternative, the ground floor is 3,470 square feet. Again, discounting for trees slated to be relocated or removed, the net tree loss is also seven trees. The design we are appealing allows the removal of 30 trees, which is more than -- four times more than these two alternatives presented. Therefore, it's obvious that tree preservation is obviously not the primary design goal. In conclusion, the minimal front setback violates Miami City Code 23-6.2(h). The front fencing and side chain link violates Morningside guidelines. The fragmented layout of the house is out of the character with the Historic District, and that, along with a high perimeter fence, encourages eventual Airbnb-type uses. The staff analysis and HEP Board were given inconsistent, inaccurate, and incomplete information. There are alternative building footprints that could conserve four times more trees than this proposal would. The separate living unit above the garage violates T3 -R zoning, which does not allow ancillary buildings. Morningside has been a designated Historic District by the City of Miami since 1984; 35 years. The district was deemed significant enough to be put on the National Register of Historic Places in 1992. Mayor Suarez recently wrote an open letter to the residents of Miami that historic preservation in our community is imperative. For these reasons, as well as all the reasons stated in our presentation, we ask the Commission to overturn the HEP Board approval of Special Certificate of Appropriateness. Thank you. Commissioner Hardemon: Thank you. Chair Russell: Does that conclude your presentation? Mr. Wagoner: Yes. Chair Russell: Thank you very much; well done, especially the demonstrative. And now, the appellee. City of Miami Page 228 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Carlos Lago: Good evening, Commissioners. Carlos Lago, on behalf of the homeowners and applicants. I would like to request the additional time. I think they got about 15 minutes. I think 15 minutes should apply. Chair Russell: Fair. Mr. Lago: Thank you. Vice Chair Gort: Let me ask a question. Mr. Lago: Yes. Vice Chair Gort: This has been in front of us before, hasn't it? Chair Russell: No. Mr. Lago: No. Vice Chair Gort: You sure? Chair Russell: I -- there was a similar one in Morningside. It was on the waterfront, I believe. Vice Chair Gort: The same fence, the alley, and the fence, and -- you know, I got a pretty good -- Chair Russell: Oh, no, no. That one was actually outside of Morningside. That was --I know where you're talking about. That was a little further south. Vice Chair Gort: It was the same thing as this now. Chair Russell: It feels similar, yes. Vice Chair Gort: It's an alley, and the fence, and -- Chair Russell: Yes. Vice Chair Gort: Okay. Chair Russell: This is our life. Vice Chair Gort: All right. Chair Russell: When you're ready. Mr. Lago: Carlos Lago and Carlos Diaz, with offices at 333 Southeast 2nd Avenue. I'm joined today by the owners of the property, the homeowners, Theodore and Belinda Stoner (phonetic), who plan to make and hope to make Morningside their future home one day. We're also joined by project team --by a project team. I have Architect Jacob Brillhart, who's also a professor at the University of Miami, professor of architecture; as well as Landscape Architect Christopher Cawley. Theo and Belinda fell in love with the home -- with this vacant lot -- sorry -- and its dense tree canopy when they -- where they decided to build their dream home. The home was carefully designed to preserve the greatest number of trees, including various specimen trees. The applicant worked with staff to ensure that the design of the home was completely by right, and that -- all applicable regulations. Since the vacant lot is located within the Morningside Historic District, the Stoners were City of Miami Page 229 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 required to go to the HEP Board to obtain a Special Certificate of Appropriateness for approval. After careful review, the HEP staff recommended approval of the home, and the HEP Board voted to approve it, finding it compatible with the Morningside neighborhood. We're in front of you today because the appellants have appealed the HEP Board's decision to approve this home. The home is being developed completely by right, and does not require any zoning changes or special approvals; no variances, no waivers, no warrants. The proposed home fully complies with Chapter 23 of the City Code and Miami 21. Everything the appellants are objecting to today are -- is allowed by right. And let me repeat that again. Everything the appellants are objecting to today is allowed by right, and is commonly found throughout Morningside, including two-story homes, which they have an issue with; the front setback, and the proposed fence. In fact, the proposed home does not even maximize the available development capacity under the existing zoning. We could build two homes here; we're building one. The lot coverage is not even half of what's permitted in Miami 21. The open space that we're providing is more than double, and the home provides greater front, side, and rear setbacks than what's required. Chair Russell: Excuse me. You said you could build two homes there? Mr. Lago: Yeah. There's two platted lots. Miami allows one home per platted lot under the T3 -R regulations. Chair Russell: This is a double lot? Mr. Lago: Correct. Chair Russell: Got it. You weren't implying -- Mr. Lago: Yes. Chair Russell: -- it's a T3-0, that you could have two -- Mr. Lago: T3 -R. Chair Russell: It's T3 -R, but -- Mr. Lago: One single-family residence in each lot can be constructed here. Chair Russell: Just wanted to -- Mr. Lago: And we're just building one. The Historic Preservation staff -- she mentions an expert who wrote a letter. I don't -- I'm not sure or -- I object to the qualifications of that expert. I'm not sure, you know, what historic preservation and, you know, experience and credentials he has. But your Historic Preservation staff, the Morningside Civic Association Architectural Review Committee, and the HEP Board have all reviewed the proposed home, and agree that it complies with all the applicable criteria, and is compatible with other homes in Morningside. I want to address some of the specific issues they discussed. They don't like the proposed two- story home. However, their own home is two stories. Furthermore, the proposed home is surrounded by two-story homes. They argue that the proposed home has a 20 foot front setback that is incompatible with the neighborhood. However, as our architect, Jacob Brillhart, will demonstrate shortly, less than one foot of the Stoner's home is set back at 20 feet. In fact, the average front setback of the home is 32 feet; exceeding the appellant's front setback of 30 feet, and exceeding the minimum required setback of 20 feet under Miami 21. Additionally, every home built in Morningside during the last 10 years under Miami 21 has a setback of 20 feet. And City of Miami Page 230 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 most importantly, the home located directly across the street from this home and from the appellant's home has a 20 foot setback, and you could see that home that's directly across the street from our vacant lot and from the appellant's home on that - - in the diagram in front of you. Chair Russell: I'm sorry to interrupt. Did you say that the appellant's home has a 32 foot setback on their home? Mr. Lago: Right. Well, we haven't verified it. We haven't verified it. Chair Russell: Why would you say that then? Mr. Lago: No. I said that we exceed -- that what we have exceeds what -- our -- no. Our -- the average of our home is 32 feet. Chair Russell: Oh, I misunderstood. Mr. Lago: Yeah. Chair Russell: I thought you said, "We have not" -- the appellant's home is actually not -- Mr. Lago: No, no. The average setback of our home -- and Jacob's going to walk you through the setback -- is 32 feet. Chair Russell: Oh, okay. When you take the aggregate of the different structures. Mr. Lago: Yeah. And he'll walk you through it. Chair Russell: Okay. Mr. Lago: So the appellant's don't like the -- So now Jacob's going to walk you through the plans and some of the issues discussed earlier today. Chair Russell: You need a mike here, sir. Let me give it to you. Here's a hand-held. Mr. Suarez -Rivas: You need to be audible, yeah. Jacob Brillhart: Can you hear me? Chair Russell: Yes. Mr. Brillhart: Okay. Chair Russell: And just -- before he gets into the dimensions, I'd like an --just a quick question from Administration. When we measure setback, are we looking at the average setback, or the minimum setback of the structure when we go by guidelines? And then my next question is going to be, what are the guidelines for this district? Because it sounds like we're talk -- I just want to make sure we're talking apples to apples. Francisco Garcia (Director, Planning): I'm sorry, sir. Can I ask you to repeat the question, please? Chair Russell: How we measure setback, because they're about to go into a mathematical calculation of average setback of their structure. I just want to City of Miami Page 231 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 understand. When we, under Miami 21, measure setback, what are the factors we use? Mr. Garcia: Oh, it's simply a straightforward calculation. It is a -- in single-family residential areas, it is a 20 foot setback from the property line. Chair Russell: Right. Mr. Garcia: So -- Chair Russell: But when a structure has multiple facades that are -- Mr. Garcia: Each of the facades would have to comply with a 20 foot setback. Chair Russell: Right. So it just means the minimum? Mr. Garcia: Yes. Yes. Chair Russell: Right. So average isn't what the issue is; it's what -- the one that protrudes the most is where it's counted. Unidentified Speaker: Correct. Chair Russell: Right. Okay; just want to make sure we're measuring on the right calculation. Please continue. Mr. Brillhart: Okay. Thank you, Commissioners. I just want to go over a few points. Overall, the house was about the canopy and about Morningside, and about the green space that Morningside brings us. And I think you can see by the photos that you saw earlier and from these photos, you will see that the greenery on the lot and the tree canopy is immense. There's -- where is the --? In the front of the house, you could see the amount of specimen trees, and that was really the goal of the project. I'll have Chris Cawley, the landscape architect, touch a little bit more if you need to know more about canopy and trees, and all that later, but I really want to emphasize that. Now, moving from the trees, we'll talk about the building displacement. We've broken up the building into different masses. We've made this piece a one-story building, so it seems softer and not as tall from the street. We moved the two-story piece, the larger piece in the back. Again, this two-story piece is seven feet setback. The appellant's house is five feet setback. So we gave another two feet more than we had to. This is a one-story piece. You can see that we're working around all of these specimen trees with the building. The idea that you can put a big building in here is simply not viable, as shown prior to, because it doesn't take into account parking. And the other thing is, is there's a specimen tree here that's a pine tree that Chris can talk about at length, but that tree has been talked -- we've talked to environmental and we've talked to Planning and we've talked to HP [sic], and we have been strongly encouraged to save it. We think that's going -- it's a complete added benefit; that's this tree right here. So I just want you to understand that we have worked very hard to work the building in and around the trees, because the neighborhood, I think, really enjoys the greenery; that's one point. Regarding the setbacks, this corner of the house meets the Miami 21 setback requirement. There's no debate about that; it's 20 feet. The house right across the street that has just been built and finished, which is this house, is at 20 feet. So this house right here is actually sitting right here, in front of our house. So we're the same exact setback as the house across the street. Now, in terms of other houses in the neighborhood, the last five houses that have been built in Morningside are these houses here, and they're at 20 feet. The Miami 21 minimum setback for houses in Morningside is 20 feet. Now, we are at 20 feet, but we're not real -- we're at 20 feet City of Miami Page 232 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 here for about an inch; and then, from thereon, the setback grows. For example, this piece is 33 feet -nine. Then due to the fact the road curves, it makes it much harder for us with this predicament and with this large specimen tree. Again, we're really trying to make the house appear smaller in setback. So here, we're at 42-6, we're at 38, we're at 22. This is the area that we are at 20 feet. Again, that's allowed by Code; that's permitted. So that's the sort of setback idea that I wanted to touch on. I wanted to quickly talk about the two-story. Do we have the two-story diagram? Actually, I'll skip that; we can come back. There's been mention that maybe we shouldn't have a two-story house. It was written about in the appeal letter. I just want to make sure everyone is clear. Two-story houses are allowed in this neighborhood; they're all over the place. This house, which is the appellant's, is a two-story house. This house behind us is a two-story house. This house behind us is also a two-story house. And we're not offering up all of the house to be two stories. Like, in the history of Morningside, they don't have big, large mass houses; they're buildings that are broken up into smaller masses. That is exactly what we're doing. So the other thing to think about with the two-story is they're five feet; we're seven. Okay, that talks about the two-story issues. We'll talk a little bit about the fence. Currently, as you saw, there's a fence on the property. I want to make very clear -- it's been talked about whether the current fence has a permit or doesn't have a permit, it was built illegally or wasn't built illegally. That fence was put up far before our client bought the property. Our client didn't put that fence up; had nothing to do with the construction of that fence. Now, the City built this fence that bisects the front of the lot. What we explained at the HEP hearing was, is that we are in this very unique condition in Morningside where the City's fence bisects the face of our lot. This only happens on very few lots. So if you're coming in from Biscayne and you see this fence, your immediate intention is to not go into it. Right? That's what humans do. They see the fence, and they go, "Oh, I'll go the other way." So we said, "We need a fence here, or else they're going to" -- 'people are going to walk right into this property." We worked with HEP and Warren Adams and everybody, and they said, "Yes, we understand this, and you need condition. " We also explained that the existing chain link fence was quite ugly. So the owner said, "Let's replace it with a nicer fence that everybody will like the look of that would match the City's fence in some capacity." And then, HEP and staff said, "We will approve the fence if you work with us on every condition working forward, in terms of materiality, in terms of height, in terms of access. " Chair Russell: So your fence is across the entire frontage, or just that section exterior to the City's fence? Mr. Brillhart: Let me get to that. I'll -- Chair Russell: Okay. Mr. Brillhart: -- I'm not exactly -- Chair Russell: Sorry. I just -- Mr. Brillhart: That's okay. So we said, "Okay, we'll work with staff. " Well, staff -- at the HP [sic] hearing, HP [sic] said, "You guys are working with us, no problem. You get to have a fence across the front. And since you're replacing the old ugly fence with a nicer fence and setting it back from the street, and putting landscaping in the front, we'll go with you; we'll approve it." So we said, "Great." Now, there's been more discussion, and we met with the Morningside Historic District; the sort of committee that governs all the architectural review of Morningside, and they came up with some conditions. And they said, "Well, we understand that this is an issue. " And correct me if I'm wrong. They said that 17 feet would work with them. City of Miami Page 233 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Lago: Right. Mr. Brillhart: Right? Mr. Lago: Right, right. Mr. Brillhart: So they said, "This 17 feet. " This is -- the Morning -- Chair Russell: Just to clary, who is "they"? Mr. Brillhart: "They" is the Morningside -- Mr. Lago: Architectural Review Committee. Mr. Brillhart: -- Architectural Review Committee. And they submitted a letter in support of this project -- Mr. Lago: Which you have in front of you. Mr. Brillhart: -- so not only did the HP [sic] support us; the Historic -- The Morningside Architectural Review Committee is in support of this project. Then they said, "We even think you need fencing here. We understand this unusual condition. We'll grant you that fence. " Right? The other con -- the other sort of discussion that occurred was the fencing on the sides. That is allowed by Miami 21, so we're doing it. That's the fence. The other condition in the neighborhood that's in an awkward condition, as our client's is, is right at the gatehouse, and this house has a chain link fence all around it, too, which is not the norm, but it's in that unique condition, because when people were walking in, they will -- if not, they'll walk right into this person's yard, and it's chain link. What else do I want to talk about? Mr. Lago: No, hold on. Mr. Brillhart: Oh, I want -- we got trees, setbacks, two-story, the fence. Mr. Lago: Yeah. Mr. Brillhart: I can answer any other questions that you have. Chair Russell: That's it? Mr. Brillhart: For now. Mr. Lago: Yes. In summary, this is a by -right home, which will significantly improve a currently vacant noncontributing lot. Your staff, the HEP Board, and Morningside's own Architectural Review Committee, which Elvis is a part of, have all found the home to be compatible with the Morningside neighborhood. I want to add two important part -- points here. They're objecting to a two-story portion of our home when they, themselves, live in a two-story home. They're objecting to the proposed front setback, even though it complies with Miami 21, and on average, is greater than the front setback of their home. Our team has worked very hard to design a home that is sensitive to both the neighborhood, and it preserves the existing landscape. We've met with the appellants, we met with the neighbors, and have agreed to incorporate their feedback and comments into the plans, including changing the height and the materials of the proposed fence, as suggested by the appellants; heavily landscaping the property line shared with the appellants; and making revisions to the front porch, home's front porch entrance and walkway. As such, we kindly request that you uphold the HEP Board's decision, as supported by City of Miami Page 234 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 your staff and the Morningside Architectural Review Committee, and deny this appeal. Thank you. Chair Russell: Thank you very much. I have questions for the appellant. In your petition that you had signed, there are two points of contention; the setback and the fence. Did you -- are there other items that you are opposing in their plans that are not mentioned in this petition, and why would that be? Ms. Beauvais -Wagoner: Those are the two that we are objecting to. Chair Russell: Those are the two main issues. Ms. Beauvais -Wagoner: Yes. Chair Russell: So not about the second story? Because they referenced that, but that didn't seem to be part of your appeal. Ms. Beauvais -Wagoner: We haven't brought that up. We haven't brought the style of their house up. We didn't bring any of those subjective things. But I would like to make a rebuttal, if I could, to their comments. Chair Russell: Yes. Ms. Beauvais -Wagoner: We did not object to their house having a two-story. The house across the street has a 20 foot setback, because the lot is only 60 foot deep at one end. Mr. Wagoner: Their lot's 153 feet. Vice Chair Gort: You got to speak in the mike, sir. Chair Russell: Yeah. I'm sorry, we couldn't hear you. Mr. Wagoner: Their lot is 153 feet. Ms. Beauvais -Wagoner: But the house across the street that they're pointing to as having a 20 foot setback only has a 60 -foot -deep lot. Chair Russell: Okay. Ms. Beauvais -Wagoner: Okay? All the houses on the street -- all the other houses on the street are over 30 feet setback. The greater setback they should have would make the trees more safe -- not less -- because the opening of where the trees are, are in the back. Miami 21, 20 foot setback is a minimum requirement, not an entitlement. It is a one -size -fits -all for the entire City, which is inappropriate for a historic district with 150 -foot -deep lots. Whether the applicant installs the fence is irrelevant. It is illegally built if it is without permit. The Morningside fence is open to pedestrians 24 hours a day. There is certainly no justification for having a fence inside the Morningside barrier; that violates the Morningside guidelines. The MCA (Morningside Civic Association) Committee did not approve the fence, and the other chain link fences in the neighborhood are grandfathered in. I would like to call Elvis Cruz as a witness, as he's a member of the MCA Architectural Review Committee. Chair Russell: Okay. City of Miami Page 235 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Lago: I would object to that. Mr. Cruz had his moment, as, you know he spoke. He had his two minutes and -- during public comment, and that was sufficient. I'm not sure what qualifies him as an expert. Mr. Cruz: I'm being called as a witness. I didn't say I was an expert witness. I'm being called as a witness -- Mr. Lago: Your presentation -- Mr. Cruz: -- which, as a party to the appeal, she's allowed to call me -- Mr. Lago: -- should be -- Chair Russell: Just a moment; one at a time. Mr. Lago: The presentation has been completed. You've already surpassed -- Chair Russell: Right. They're in -- Mr. Lago: --the time. Chair Russell: -- rebuttal to the comments about the fence, so that's what I assume you're here to speak about. Mr. Cruz: Yes, sir. Chair Russell: As a member of the Morningside -- it's the Morningside Civic Association Subcommittee on Historic Preservation? Mr. Cruz: It's called the Architectural Review Committee. Chair Russell: Of MCA? Mr. Cruz: Yes, sir. Chair Russell: And you're a member -- you are currently -- What is your status on that committee? Mr. Cruz: I'm a member of the committee. You can see my name on the letterhead. Chair Russell: Okay. I'll allow it, because this -- they're bringing forth a decision that you referenced with regard to the Civic Association's Committee, and he is on that board, so go ahead. Mr. Cruz: Thank you, sir. If I could have all of you look at the letter that they are saying gave a blessing -- or approval of that fence; absolutely false. Paragraph 2 -- Chair Russell: Where are we looking? Because I don't have it. Mr. Cruz: Front page. It's in your packet. Chair Russell: The one that -- oh. Mr. Cruz: I can hand it to you, and you can read it for yourself. Chair Russell: Hand it to the Clerk, please, and they'll make copies for you. But -- City of Miami Page 236 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Cruz: (UNINTELLIGIBLE). Mr. Suarez -Rivas: Anything that is given to the Commission has to be made part of the record by either party if there's no objections. It must be made part of the record. Chair Russell: Yes. I'd like it added into the record, please -- Mr. Cruz: Yes. Chair Russell: -- and they'll make copies and pass it out. But your point is that as stated in there, that letter that you're about to distribute states that the fence is not approved— Mr Cruz: Correct. Chair Russell: -- under any form of it -- Mr. Cruz: It should -- Chair Russell: -- partial, full? Mr. Cruz: May I read it? Chair Russell: And are we talking about the chain link fence, or their proposed fence? Mr. Cruz: The proposed fence or the chain link fence -- Chair Russell: If you could just -- Mr. Cruz: -- either one. Chair Russell: Yeah. If you could just submit it into the record and we'll get a copy, and then you can -- Mr. Cruz: Okay. Chair Russell: -- yeah, because we'd like to have it while we -- Mr. Cruz: Thank you. Chair Russell: Let me see it. And gentlemen, just to bring this into perspective, this is a historic district, but this is a noncontributing lot with -- and it's completely empty, so this is a new construction, which often has a lot of subjective controversy, because that comes before the HEP Board to see if it fits in with the neighborhood on some guidelines that aren't necessarily written in stone; has a lot of subjective nature to it, and that's what we're dealing with here today. So I would like to recognize what is of the Code and what is of subjective decision for this board, because some statements have been made about what is allowed and not allowed in Morningside and Miami 21, and we'll get there. Mr. Lago: Okay. Chair Russell: So they're -- while they're making copies -- you've made your statement. We'll comeback to you once we get them in front of us. That's the end of your rebuttal? Thank you. City of Miami Page 237 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Cruz: Pending the -- Chair Russell: Thank you. Mr. Cruz: -- arrival of the letter. Chair Russell: Got it. All right. Question for Administration: Are fences allowed in Morningside? Warren Adams (Planning): Warren Adams, Preservation Ojficer. The guidelines show that fences in Morningside are generally not allowed; however, that is the Morningside design guidelines. With respect to the design guidelines in the City, our design guidelines sum up by saying the guidelines reflect best practices in historic preservation. However, any property owner may request an exception to the Historic design guidelines through an application for a Special Certificate of Appropriateness. The HEP has the authority to make exceptions to these guidelines when there are unique circumstances associated with the property. Chair Russell: Understand. Mr. Lago: Chair? Chair Russell: And just so I understand clearly, because I got a little confused there, the fence that you're -- in your end decision, your end hope, your plan, goes across the entire lot, or just up to the Morningside fence? Mr. Lago: Goes across the entire lot. Chair Russell: Okay. And that's what you sought -- Mr. Lago: And the HEP Board -- There's an existing fence at the moment, which you'll see, which -- Chair Russell: The chain link -- Mr. Lago: -- we'll show you now; a chain link fence. The HEP Board, in its resolution that's before you, approved a fence through the method that just -- Chair Russell: Certificate of Appropriateness. Mr. Lago: -- through a Certificate of Appropriateness. Mr. Adams: Yes. Chair Russell: And that's part of what they're appealing? Mr. Lago: And it's -- what they're doing is replacing that fence. We're replacing that fence from a chain link to a metal picket fence. Chair Russell: Got it. And if I saw one photo -- Mr. Lago: And it's (UNINTELLIGIBLE) by five feet. Chair Russell: One photo I saw, the chain link is sort of embedded in a lot of shrubbery and bushes. City of Miami Page 238 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Lago: Correct, right, because this is a unique situation, like we just explained. Because of the existence of that barrier, it leaves 17 feet open for our property, and that's what Jake just walked you through. So the -- what Elvis did not mention was that the Morningside Civic Association did say that they support a fence -- a 17 foot fence in that area. Chair Russell: Which area? Mr. Lago: Can you show him? Chair Russell: The exterior area. We're getting copies right now. Oh, it is in the packet, Elvis; Tab 6. Is that a different packet than we have? Mr. Lago: She's showing -- Chair Russell: Oh, it's in Mr. Lago's packet. Mr. Lago: Correct. Chair Russell: Is that acceptable? It's the Morningside Civic Association Architectural Review Committee, June 24 -- okay. So they're both using the same letter to argue separate sides of an issue. Mr. Lago: Right. Chair Russell: So I'd like to, if I could -- Before we get into the fence issue more specifically, Mr. Cruz, could you explain what part of the letter supports your position that no fence is recommended or allowed under the Architectural Review Committee's recommendation? Mr. Lago: Well, I object to Mr. Cruz's testimony. Mr. Cruz is a -- if he's a witness, he's not an expert on the Code. Chair Russell: We're not expecting him to be an expert, but he is a witness as a member of that committee that drafted this letter. Mr. Cruz: Yes, sir. Again, Paragraph 2: Do not allow a fence along the property frontage from the Morningside perimeter fence to the southwest property line. In other words, the committee said that if they want to have a fence with the 17 feet outside the Morningside vehicle barrier, we would go along with that. Chair Russell: Okay. Mr. Cruz: But inside, 83 feet inside that -- we opposed it, and that's what that means. Do not allow a fence along the property frontage. Chair Russell: Understood. So for clarification, the Civic Association Architectural Review Committee said ' yes" to fence outside the Morningside fence. Mr. Cruz: Correct. Chair Russell: "No" to fence inside the residential area. Mr. Cruz: Correct. Chair Russell: Now I'd like to (UNINTELLIGIBLE). City of Miami Page 239 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Brillhart: And that's what was -- that's exactly what said They said 'yes" to this. Chair Russell: Yeah. Mr. Brillhart: They had a question about this. What I -- who, I said, said "okay" to this was staff and the HP [sic] -- Chair Russell: Yes. So -- Mr. Brillhart: -- to be clear. Chair Russell: -- they didn't have a question. They said, "no. " Mr. Brillhart: They said they were not in support -- Chair Russell: Correct. Mr. Brillhart: -- meaning Morningside said -- the group said they're not in support of this, but they are in support of this. Chair Russell: Correct. Mr. Brillhart: Now, when Elvis said, "That letter says that nowhere in there does it say that they supported a fence, " that's not true. They said we could have the fence here. Chair Russell: Correct. Mr. Brillhart: Okay. That's correct. Chair Russell: Paragraph I says, "Allow the applicant to install a new five-foot metal picket fence. " Mr. Brillhart: Its the first sentence. Mr. Lago: And Chair, I also want to make clear again that the HEP Board approved this fence, the front fence. Chair Russell: Thank you. And so, that's the clarification. The Civic Association's committee did not like the internal part of the fence; however -- Mr. Logo: There was a recommend -- Chair Russell: -- the HEP Board decided to grant the certificate to allow it across the entire frontage -- Mr. Logo: Correct. Chair Russell: -- replacing -- Mr. Logo: Correct. Chair Russell: --the old fence. Mr. Logo: Correct. City of Miami Page 240 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: And my question about the foliage had to do with just the overall masking of the front of the property. Are there any requirements --for example, in the Coconut Grove Neighborhood Conservation District, you're not allowed to have a fence unless it's masked by foliage, unless it's of an oolite structure; very particular part of the Code. Is there anything like that in Morningside's Historic District guidelines about fences? It's just generally "no" to fences. However, your department and the HEP Board agreed to the Certificate of Appropriateness for the fence based on what; the masking of the bushes or the old fence? What was the reason? Mr. Adams: Based on what was interpreted as a unique situation. Number one, they had a chain link fence -- Chair Russell: Yeah. Mr. Adams: -- which really doesn't conform with the district. And number two, because of the access issues in, and the City installed things, so they saw that as unique circumstances, which allowed them to make an interpretation of the guidelines. Chair Russell: Got it. Mr. Lago: I also wanted -- Mr. Brillhart: Can I mention one point about this? Mr. Lago: Go ahead. Mr. Brillhart: In an effort of preservation of Morningside and the lot -- and you picked up on it, Commissioner Russell -- the front of the lot is very wooded and dense and vines, and very beautiful as it is. So in an effort to preserve that and make it more beautiful, that's why -- I think that's why the board -- I'm speculating here -- but that's why HP [sic] said, "You can take away the chain link. " And we said, "Well, we'll put the new fence five back and landscape it in front to make the lot continue to look like this," and that's when HP [sic] said "Okay, if you work with us on the materials and everything, that seems like the goal of what we have now, and you're working to keep that. That sounds like a decent plan." That is my interpretation of the discussion, because this is the condition as we speak. We wanted to get rid of the chain link. We proposed -- Chair Russell: Thank you. Mr. Brillhart: -- to put a five feet (UNINTELLIGIBLE). Chair Russell: Is there anything within the Certificate of Appropriateness that requires them to keep that foliage upfront? Because those aren't trees; those are bushes and hedges that they could remove without -- permanent, if I'm not mistaken. And the reason I mention that is sometimes in these noncontributing structures, even in an historic district, if there is sufficient masking on the front, that might give us pause or leeway to be a little more flexible on what's behind, because if it's a removable item and the entire facgade could be fully exposed, we have to consider that. Mr. Lago: We could certainly agree to that, to put -- Chair Russell: Okay. So it's not in the certificate at this point, but they're willing to proffer that with regard to the foliage in the front and the fence. City of Miami Page 241 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Adams: There is a condition that states, "The applicant shall add a semi- permeable screen facing the street along the front covered walkway. " Chair Russell: What is a semi permeable screen? Is that foliage, or is that a physical item of nonorganic nature? Mr. Brillhart: It's a -- can I clarify? In the landscape plan -- and I don't know if we have a large one -- it is in HP's [sic] document, in the submittal that -- where we show landscaping in front of the fence. So is that your question? Chair Russell: If it's required to be maintained. Mr. Brillhart: I don't think that was discussed. We would have to go back. Like -- Chair Russell: What is this reference to a screen, though? I don't understand that. Semi permeable screen, what are we referring to here? Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: During construction? Mr. Brillhart: The screen is -- the way I understand it, now that I understand what's -- you were talking about the landscaping here, right; at first? Chair Russell: Yes. Mr. Brillhart: The screen that they're talking about is that there needs to -- they're asking for a semi permeable screen back here on the walkway. Chair Russell: On the walkway. Mr. Adams: Yeah, on the walkway. Chair Russell: Different item. Sorry; unrelated then. Mr. Brillhart: Un -- completely unrelated, exactly. Chair Russell: Got it. But I think we've gotten clarification on where the Civic Association stands on the fence -- partial 'yes, "partial "no" -- and where the HEP Board stood on the fence, allowing completely across. Mr. Lago: Because of the unique situation. Chair Russell: Yeah. Understood. Mr. Lago: Correct. Chair Russell: My next question for Administration has to do with the setback. Miami 21 is 20 feet. In this particular plan, at the very worst, we'll call it, they're at 20 feet; and then, as the street gets further away from the structure, it grows beyond. But all we take into consideration is that minimum, right? Mr. Garcia: The nearest point to the property line has to be 20 feet. Chair Russell: One of the arguments made by the appellant is that they shouldn't be allowed 20 feet like the house across the street, because their lot is much deeper. Do City of Miami Page 242 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 we take into consideration the depth of a lot that we can't see behind when considering the front setback? Mr. Garcia: No, not at all. The baseline of reference is always the property line. Chair Russell: Simply. And so, Miami 21 applies. There is no number within the Morningside guidelines, the historic guidelines, with regard to the number of feet for the setback. Mr. Garcia: That is correct. Chair Russell: But there is contextual guidelines that say it should form, and that's where the appellant's argument is; that it doesn't form to the houses on that side of the street; but across, it does. That's what it sounds like. Thank you. Clarified. Did you have a comment about that? Mr. Brillhart: I'm not so sure on the fact that Morningside says it has to line up with the neighboring structures. Chair Russell: We didn't say that. Mr. Brillhart: Okay. Mr. Lago: No, no, no. Chair Russell: Very, very objective contextual -- Mr. Brillhart: Okay; fair enough. Mr. Lago: Yeah. They didn't say that. Chair Russell: And an argument can be made if a majority of the houses on that street have one thing that it should be somewhat in line, an argument can be made that you could be conforming with across the street. So it's very objective -- Mr. Brillhart: Correct. Chair Russell: -- subjective -- I'm sorry. First thing. Mr. Brillhart: Correct. And the other argument that I would make is that the last five houses that have been built in Morningside are -- all been at 20 feet. So if the argument is that predominantly, houses in Morningside have been farther back, well, for the last -- you know -- Chair Russell: Your primary argument is that none of the houses on your side of the street have the 20 foot -- Mr. Wagoner: On both sides. Ms. Beauvais -Wagoner: On both sides of the street. Mr. Wagoner: Of the 11 houses, one -- Mr. Brillhart: Not on both sides. The house right across the street -- Mr. Wagoner: --there's one house -- City of Miami Page 243 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Brillhart: -- has a 20 foot setback. Chair Russell: Let's not talk over each other. Mr. Wagoner: --has 20 feet, of II houses. Chair Russell: Right. And -- Mr. Lago: Mr. Chair? Chair Russell: -- most of the new construction has allowed it for whatever reason. I don't know what appeals have come or -- but they've all gone before the HEP Board. Every new construction in the -- Mr. Wagoner: Not as far -- not to our knowledge, no. Chair Russell: Any new construction in a historic district -- Mr. Wagoner: They don't come to appeal. Chair Russell: -- appeal comes here. Mr. Wagoner: Sure. Chair Russell: And not all of them do that, but many have been approved with a 20 - foot setback in the Morningside Historic District; new noncontributing structures. Mr. Wagoner: Yes, because there were no complaints (UNINTELLIGIBLE). Chair Russell: Understood. Understood. But --okay. Ms. Beauvais -Wagoner: (UNINTELLIGIBLE). Chair Russell: Yes. Ms. Beauvais -Wagoner: (UNINTELLIGIBLE). Vice Chair Gort: Speak in the mike. Chair Russell: I'm sorry. Go -- microphone, please. Ms. Beauvais -Wagoner: In the Historic Preservation guidelines, it says it -- concerning landscaping in the front yard -- that landscaping on the front yard is not to be considered when being -- determining what is the public right-of-way. Chair Russell: Correct. Ms. Beauvais -Wagoner: You know, because you -- it can die. You can cut it down. So the fact that there's a lot of landscape in the front of this building doesn't mean that it'll be there tomorrow. Chair Russell: Right, and that's why I -- if this is approved -- well, if the appeal is denied, I would like to see a proffer from the appellee with regard to the foliage in the front, because I think that has a big part of why HEP Board made their decision, but they didn't hold you to it for the future, necessarily, with regard to the fence. Mr. Lago: We can definitely agree to that. City of Miami Page 244 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: That sort of foliage can mask a fence like that. It grows through it and it is a very dense lot. It is a very dense lot. Mr. Lago: We can agree to that. Chair Russell: Okay. Mr. Wagoner: The barrier isn't just a fence, because -- any vision barrier; could be foliage. Chair Russell: Understood. Understood. Mr. Lago: Can I -- can we just show you one diagram, just a --? Chair Russell: You've made them all and you've brought them all, and we're here to (UNINTELLIGIBLE). Mr. Lago: (UNINTELLIGIBLE). Chair Russell: Really quickly, and I think we're -- I think -- I'll open up to other Commissioners, but I believe I have enough information to make a decision at this point. Mr. Lago: Okay. We just wanted to show you this; that this diagram shows that the line of sight from the appellant's home -- Chair Russell: Yeah. Mr. Lago: -- and then you'll see the landscaping. The one over there is -- the one closest to me is the current. Right? So -- and as you can see in the diagram, you cannot see the home, and you will not be able to see the home once it's built, because the landscaping right now is so dense, and can't be -- Chair Russell: The sidewalk continues all the way out the Morningside fence, and that means it's (UNINTELLIGIBLE). All right. Yes, that's fully understood. I think the point of what they're making is the masking of the structure itself on the side foliage. All right. For my part, based on the appellant's issue with regard to the fence, I'm satisfied with the HEP Board decision, and same goes with the setback. I have to say I really appreciate all the effort you've put into this, and I understand where you're coming from, but I do not see this new structure, noncontributing structure violating the spirit or the letter of what Morningside's preservation is trying to accomplish. It seems to be a bit more of a neighbor dispute versus a historic dispute. Mr. Wagoner: If we have guidelines, why aren't they being followed? Chair Russell: It -- a Certificate of Appropriateness can be granted, even in an historic district, when appropriate, where appropriate; and so, that's why. It -- Mr. Wagoner: Oh, the rules don't apply. Chair Russell. They do, they do, and that's why things come to HEP to -- Mr. Suarez -Rivas: Commissioner -- Chair Russell: -- get decision when something is questioned. City of Miami Page 245 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Suarez -Rivas: It is beneficial, just -- the guidelines are goals, they are objectives that are followed, but they're interpreted by the board, and part of that is how the board thinks that they apply in a particular case. They are not the Code. Chair Russell: Right. Mr. Suarez -Rivas: Okay. Chair Russell: It's clear to me here that they allowed the exterior fence -- for a safety perspective, they allowed it to continue across, because of the historic -- not historic, but the existing chain link fence that's there. This brings it at least more into compliance with regard to the aesthetic of the neighborhood. I understand where they're coming from, so I'm open to a motion to deny the appeal, but I'll open it to the floor. Vice Chair Gort. Move to deny the appeal. Chair Russell: Move to deny; seconded by the Chair. Any further discussion? Any questions? Commissioner Reyes: No. I just want to know that -- Francisco, you are satisfied and the HEP Board is satisfied with this? Mr. Garcia: Yes, sir. Thank you for the question. We're very comfortable that the proposed new structure complies with all the applicable regulations. Commissioner Reyes: Are you tired? Mr. Garcia: Not yet, sir. Commissioner Reyes: You are talking so clear, man. I mean, I can understand. Mr. Garcia: I keep trying. Commissioner Reyes: By the way, Mr. City Attorney, I met with a couple, and they came to my office, see, and -- Chair Russell: Are Jennings required on this item? Mr. Suarez -Rivas: Yes, Jennings would be required on this item -- Commissioner Reyes: So just in case we meet with them, but I met with them. Mr. Suarez -Rivas: -- because this is a quasi-judicial item. So Commissioner Reyes is disclosing. Is there anyone else who met with -- Chair Russell: Yes. Mr. Suarez -Rivas: -- someone? Chair Russell: I've heard -- I've met with both the appellee's attorney and their representative. Mr. Suarez -Rivas: Okay. That's -- so that's duly noted on the record. Yeah, this is a quasi-judicial item. Commissioner Reyes: They went to see you. They didn't come to see me. City of Miami Page 246 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Oh, you haven't met with them. I thought you said -- Commissioner Reyes: No. With them, no. Chair Russell: No, I have not met with the appellant; just with the appellee. Commissioner Reyes: With the appellant, I mean. Chair Russell: How do we concretize the proffer of the foliage being permanently maintained; the mask of the fence? Mr. Adams: You can simply add a condition that the foliage must be maintained. Chair Russell: Does the mover agree? Vice Chair Gort: Yes. Chair Russell: Thank you very much. Commissioner Reyes: Mr. Chair, looking at the -- I have one concern only. Looking at the layout, it's very modern and all of that, but given the fact that now we have this platform, Airbnb and all of that, I think this is a beautiful home to be rented in pieces. I just want to include some sort of condition that this cannot be rented as -- be used for rental property. I mean -- Chair Russell: We have existing -- Commissioner Reyes: -- not Airbnb, not nothing, because this is fantastic for an Airbnb. You see -- Chair Russell: Is that--? Commissioner Reyes: -- excuse me -- Chair Russell: It's already gone into our existing Code? This is T3 -R. Unidentified Speaker: Not permitted. Mr. Garcia: It is, and temporary rentals are not allowed by the -- Mr. Lago: They're notpermitted. Commissioner Reyes: Well, can we include -- Unidentified Speaker: They're not permitted. Commissioner Reyes: -- can you include in --just like a covenant or something that this is not going to be a temporary rent? Unidentified Speaker: We could. Vice Chair Gort: It's not allowed. Chair Russell: It's already not allowed. Unidentified Speaker: Oh, yes. City of Miami Page 247 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Suarez -Rivas: The Commi -- it's not allowed by the underlying Code, and the Commission can request a proffer of a covenant, but if the applicant agrees on the record, it's going to be added to the resolution. For instance, applicant accepts maintaining foliage to mask the fences, and there will be no rental of the property. Chair Russell: I think it's redundant to the Code, and if the Code were ever to change and allow it, they should be allowed to, as well. I don't understand the need to -- Commissioner Reyes: Well, we don't know what's going to happen with Airbnb, sir. Chair Russell: Right. So I say we follow the law on that, and we have a current Code that actually protects this neighborhood and this home. Commissioner Reyes: Well, no. It will protect them, and if we make it clear that it will protect them. Chair Russell: I don't think that there's any -- our Code does not allow for Airbnb short-term rentals in a T3 -R. This is a T3 -R. That already complies with the Code. We can actually add a statement that says, "And they must follow all other elements of Miami 21 and our Code, but I think it's redundant. " Commissioner Reyes: Now it is not because -- Chair Russell: Yeah. Commissioner Reyes: -- the law has not been changed. You don't know what's going to happen with legislature that they were presented -- they were presenting a law -- I think it was the House were presenting a law to -- Chair Russell: Yes; trying to preempt. Commissioner Reyes: -- trying to preempt the City's -- Chair Russell: But let's say it does get preempted. How could we add a burden onto this one resident that the rest of our residents wouldn't have to follow? Commissioner Reyes: Well, what I'm saying is that I'm trying to protect the other residents that don't want that in their neighborhood. Mr. Lago: Can I add, Commissioner --? Commissioner Reyes: The things is, I mean -- Chair Russell: It's already not allowed. Mr. Lago: They're not permitted. The design -- there's -- they talk about a unit to -- above a garage. My clients have family that live out of town. They have frequent visitors. They intend to use this as their single-family home. This is a beautiful home. This is not going to be a short-term rental. We have no issue with it. We have no issue. We can agree to that. But I just want to state for purposes of the record and be very, very clear, this is their family home. This is not for purposes of short-term rental, which are not even permitted. Chair Russell: So you're proffering a covenant with regard to the short-term rental? Mr. Lago: We can agree to that, yes. We'll agree to that. City of Miami Page 248 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Okay. All right. Is that --? Mr. Suarez -Rivas: Just for clarity of the record, would you please --just repeat that last statement, please? Please repeat. Mr. Lago? Mr. Lago: Oh, I'm sorry. Mr. Suarez -Rivas: Please, can you just repeat what you just said? Mr. Lago: That should short-term rentals ever be legal, the home will not be -- the home will be only -- well, I was going to say that the home will only be used for single-family residential purposes, but we could, I think -- should short-term rentals ever be legal under Miami 21, the home would be prohibited from short-term rental use. Mr. Suarez -Rivas: And will you be proffering a simple covenant to that effect? Mr. Lago: Yes. Mr. Suarez -Rivas: All right. That's fine. Thank you. Chair Russell: Thank you very much. Is there any further discussion? All right. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Thank you very much. Motion passes. Mr. Lago: Thank you very much, board. Have a great evening. Chair Russell: Thank you. City of Miami Page 249 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 PZ.8 RESOLUTION 5902 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY 79TH STREET Planning HOLDINGS LLC ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD UPHOLDING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. 2018-0067, ISSUED PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 7, SECTION 7.1.2.4, AND ARTICLE 7, SECTION 7.1.3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.5.4, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE, TO ALLOW FOR THE OPERATION AND CONSTRUCTION OF AN AUTOMATED CAR WASH FACILITY ON A PARCEL ZONED 75-0," URBAN CENTER TRANSECT ZONE - OPEN, LOCATED AT 1001 NORTHEAST 79 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.8 was continued to the September 26, 2019, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.8, please see "Part B: PZ - Planning and Zoning Item(s). " PZ.9 ORDINANCE Second Reading 5900 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM 76-8-R," URBAN CORE TRANSECT - RESTRICTED, TO 76-2413-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE COVENANTS ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13855 Citv of Miami Page 250 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissions SECONDER: Manolo Reyes, Commissic AYES: Gort, Carollo, Reyes, Harde NAYS: Russell Chair Russell: All right. Yes, we are calling back to order. Nice job, son. Thank you very much. I'm sorry we're not moving a little more quickly today. I know we have a lot of items left on the agenda. We do, however, have a time certain item; I believe it was for S p.m. Yes, we're a little late on that, so I apologize for those of you who came for that, on that time certain. So we're going to take up that item first. Let's start with public comment on that item, and that is PZ (Planning and Zoning) -- help me out, please, Mr. Clerk. Victoria Mendez (City Attorney): PZ. 10; is that the time certain item that you're looking for? Chair Russell: Nope. Todd B. Hannon (City Clerk): PZ.9. I'm sorry. PZ. 9. Chair Russell: Thank you very much. PZ.9, rezoning, 240 Southeast 1st Street -- 14th Street; otherwise known as Babylon. Later... Chair Russell: All right. So we're going to open up public comment on PZ.9 only. If you're hereto speak on PZ.9, please approach either of the lecterns. Nobody here to speak on these items? Only on the rezoning of PZ.9; then we'll take up that item; then we'll take up the public comment for the Planning and Zoning agenda. Judy Santos: Can you hear me? Unidentified Speaker: Yes. Chair Russell: Yes. Ms. Santos: Okay. Good evening. My name is Judy Santos. I live in 218 Southeast 14th Street. And thank you for hearing me. I hope you do pay attention of what I'm going to explain. I'm a registered architect, and I was analyzing the space, and in the last meeting, the attorney said that they were losing footprints. So I brought here what would correspond -- you can turn it a little bit -- to Ordinance 1100, the setbacks -- 11000 -- I'm sorry -- the setbacks; that you have the front setback of 10 feet and you have the side setback from Emeralds, 15 feet; and from the Commodore is 20 feet; and from the back is 10 feet. So when you give them the setbacks that corresponds to this lot, they have 5,715 square feet of footprint. And when you give them Miami 21, the T8, the -- correspond right now, T6-8, that correspond right now, the setbacks changes; that the front is the same, the 10 feet, and the sides is 15 feet per each side, not 20 and 15. So they gained there a thousand --more than a thousand square feet of footprint. And the rear is I5 feet. So before, it was 10. But the rear is so small that they really don't lose anything; they just gain. So now in the 21, they would have 6, 000 -- Chair Russell: Ma'am, just to clarify and -- City of Miami Page 251 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Santos: Yes. Chair Russell: Are you speaking in favor of the application for the up -zoning? Ms. Santos: Oh, I'm sorry. No, I'm against it. And I'm against it, because the thing is that if you're comparing, they're not losing square footage. So the only difference from what they had before now is an "R," that's "restricted," that is -- would be residential, and the "0" of "office" that they had before to an open space; an "0" now. So that would be the difference. Our recommendation from the City Planning that you have your expert people working there have recommended a 12. The 12 would be a little bit of gift, and we don't -- we're not fighting that. We would say okay, but only the 12, because, really, it should be -- apples to apples would be the T6-8-0, and not a T6-12-0. Chair Russell: Thank you very much. Ms. Santos: Okay. Commissioner Reyes: Excuse me. Excuse me. Chair Russell: Thank you very much. Commissioner Reyes. Commissioner Reyes: Mr. -- Ms. Santos: Thank you. Commissioner Reyes: -- Chair. Ma'am, were on (UNINTELLIGIBLE) 20 on the radio yesterday, right? Ms. Santos: Yes, I was. Commissioner Reyes: And you were insinuating that I voted --front of Carollo and I, we voted for the 24 floors instead of the 20 floors, because we had received contribution from the attorney and that -- I'm going to tell you this, and I said it a little while ago. You don't have money, and nobody have money here to make -- sway my vote. And it is very irresponsible, very irresponsible, because when you came to my office, you were talking about 80 floor. And I told you, "Don't worry about it. They're not going to go" -- "I'm not going to allow" -- because before that, somebody asked me not to go over 40. And I said, "I'm not going to allow that, either, because I" -- "it doesn't fit there." And when you walked out of there, you see, you knew that they were going to go 20 or 20 -something. But I get very insulted when any one of you -- any one of you makes the -- insinuates that we -- any one of us -- that receive a campaign contribution that that campaign contribution comes attached to a vote. Probably what is happening, it is that some of you are suffering from a disease in -- you know -- a psychological disease that is called 'projection." And 'projection," it means that you see people as you are yourself, you see? I will never tie my vote to a contribution. Thank you, ma'am. Ms. Santos: Thank you. And now, please let me respond. No, just one thing. First, I went to your office, and when I went to your office, you told me that if you were in my position, you would fight harder than what I am fighting; that's number one. Number two, I was not the one that said of donations. I just explained the case. That was my position. Commissioner Reyes: No, no. You said it -- Ms. Santos: And number three -- City of Miami Page 252 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: --and the person that was with you -- Chair Russell: Please, please, one at a time. Unidentified Speaker: I was. Commissioner Reyes: You were the one. Chair Russell: Please, step back from the lectern, sir. Commissioner Reyes: You were the one, and you said it, and that goes for you, too, sir. Chair Russell: All right. Just a minute, just a minute. Commissioner Reyes: You are projecting, too; that's it. Chair Russell: Let's make some order here. Let's make some order. Unidentified Speaker: May I? Chair Russell: No, no, no, you may not. I would like half of this crowd to use this lectern, please, so come around so that we're not all blocking and becoming afire hazard. Anyone else who's standing in the audience, if you're waiting to speak, line up to the lectern; otherwise, please be seated. You can see everything that's going on, on the monitors, and people behind you can see better. I would like everyone to give some breathing room. Don't crowd the lectern. We're going to speak one at a time. Everyone gets their two minutes. It's fair when an accusation is made that it's rebutted. I think that's been taken care of. You accused right back. Let's have some decorum. I don't think we need to accuse anyone. With campaign contributions comes a perception, and that is something you live with in the life of politics. People will make accusations. I don't think we, as the dais, need to defend ourselves on every item, and it's redundant. You know in your conscience what is clear. Commissioner Reyes: Yes. Chair Russell: It is fully fine -- anyone in the public is completely within their rights to their suggestion, opinion -- Commissioner Reyes: Absolutely, absolutely. But the way that it was insinuated -- I know it comes with the turf. Chair Russell: Sure. Commissioner Reyes: I mean, it comes with the job. But what really irked me was that we have talked about this, and I promised that I wasn't going to allow it to be high. Chair Russell: Understood. Commissioner Reyes: And I thought that when we -- I spoke with the attorney and all of them, I said, "You're not going to go over 40 feet" -- I mean 40 stories. And when I heard that you were agreeing on 24, I thought that we had done something right, you see? And then I'm accused of being influenced by contributions. That's ridiculous. City of Miami Page 253 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you, Commissioner. You've made your point, you've spoken your two minutes. You're good? Ms. Santos: Yes. Unidentified Speaker: Yes. Ms. Santos will just be submitting the exhibit into the record with the clerk. Chair Russell: Thank you very much. Sir. Unidentified Speaker: Excuse me. May I? Chair Russell: I apologize, but we're -- we alternate between lecterns. Jabier Arbeloa: It was very related to the previous topic. Chair Russell: You'll have your moment. You'll have -- Unidentified Speaker: Okay. Chair Russell: -- two full minutes to speak, uninterrupted. Miguel Dvorsk: Okay. Good evening, Chairman, Commissioners. So my name is Miguel Dvorsk. I live in 2018 [sic] Southeast 14th Street. I moved to the property in March 2018 and -- well, I moved, because that is the place of Brickell that I like the most. It's peaceful. It's a great area, very attractive. So I am against the rezoning of the Babylon. I think that it will disrupt the community living. I think it's going to impact the quality of life of the community, as well. And I think that the space is just unfitted [sic] for the project. I mean, it's just a very small lot. I mean, how you will --you know -- build like a building in that place, right? So -- and for example, living in that building, I know that we are going to lose -- a vast number of families are going to lose their privacy, because basically, you are going to, you know, look directly, you know, in a very small space, you know, to the window to the other building, and especially will destroy the value of the property that I bought, basically. So I just wonder who will win if this project is approved, right? Definitely not the community. The community will be a loser. And I just want to know who also will live in the Babylon in such improvised location. So, simply, the project doesn't look right to me. Something's off, and I think that the space is just unfitted [sic] for the project, and it will diminish the community quality of life. Sol' just wonder what other interest will be here discuss -- you will be discussing here, if not the community wellbeing, right? So I ask the Commissioner to vote against the rezoning. Thank you. Chair Russell: Thank you very much. Now it's your turn. Mr. Arbeloa: Thank you. Going to the previous topic, I -- My name is Jabier Arbeloa. I was the person who brought the topic of the campaign contributions. I - - when I start talking about that, I mentioned clearly that campaign contributions are not necessarily legal, but data from the City of Miami, the Office of the Clerk, shows that Commissioner Reyes and Commissioner Carollo received contributions from Bercow Law Firm, partners of Bercow Law Firm; people related to Bercow Law Firm, including Mrs. Bercow; and companies owned or controlled by Francisco Martinez. That's illegal? No, that's not illegal. That's perfectly legal campaign contributions. But for the matter of perceptions, it's something that I believe should be clarified, and I think Commissioner Reyes has all the right to clarify, and we appreciate that he referred to that. Thankyou. City of Miami Page 254 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you very much. Commissioner Reyes: And I also received contributions from a bunch of people here that I have voted against. Mr. Arbeloa: But it's interesting; only Commissioner Reyes and Commissioner Carollo received contributions from Bercow Law Firm and from Francisco Martinez, based on the analysis of the data. None of the other Commissioners, at the best of my knowledge -- and it was a very quick analysis, to be very honest -- received any contribution. If you want, anyone here in this room can get into the Office of the Clerk. Campaign contributions -- I mean, this is public record. Commissioner Reyes: Si. I don't deny it. And the only thing that I want to clam -- (Applause) Chair Russell: I'm sorry. Stop, stop, no, no, no. Commissioner Reyes: But I mean -- Chair Russell: You may not have been here for the morning -- Commissioner Reyes: -- (UNINTELLIGIBLE). Chair Russell: -- but we don't do that in here. Commissioner Reyes: -- I just wanted to clam that it is not right to make all those insinuations -- Mr. Arbeloa: I am not -- Commissioner Reyes: -- without any proof, without (UNINTELLIGIBLE). Mr. Arbeloa: -- making accusations. I'm only pointing to the data. Commissioner Reyes: And that's right. Mr. Arbeloa: Everybody can reach their own conclusions. Thank you. Chair Russell: Thank you very much. Next speaker, please. William Hunter: Hi there. My name is William Hunter. I've been living in the Emerald for about two years now. I got to say a lot of people came out. For every single person who's here today, there are dozens who couldn't make it, but who feel the exact same way; will be negatively impacted, the exact same way. And for these reasons and many more, we ask the Commissioners to vote against the rezoning of the Babylon property. Thank you, guys. Chair Russell: Thank you very much. Next speaker, please. Estrella Marca: Hi. My name is Estrella Marca, and we live at 218 Southeast 14th Street. Please vote against the rezoning. I moved into the neighborhood for my son, and what we don't need is a whole row of very tall buildings. We already have a lot of that on Brickell. What we need is more crosswalks, better care of our sewage, our garbage. I'd like to cross the street without dodging vehicles, or with my son; that's what we need. Another ginormous tower will bring yet more cars and whatnot. I just want to stay in the neighborhood. Please don't drive us out; we City of Miami Page 255 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 want to stay in, and we really like the neighborhood. We're not against redevelopment; we -- just long as it's appropriate. And the only projecting that some of us are doing might be a little vomiting here, but -- you know. So I'm going to get going, and thank you very much. Chair Russell: Thank you. Good evening. Jessica Melendez: Hi. My name is Jessica Melendez. I reside at 218 Southeast 14th Street. It was mentioned at the last Commission meeting that decisions shouldn't be made where the facts are in dispute, because it means that someone is either being disingenuous, or that the facts are being misunderstood. So I'm asking you, Commissioners, today to make a recommendation based on the undisputed facts; facts that have been admitted, and have no controversy surrounding them. It's undisputed that under Zord -- under Zoning Ordinance 11000, the Babylon property was zoned "0. " It's undisputed that the proposed maps for Miami 21 that were presented by the Babylon designate the property R4 instead of "0." It's undisputed that when Miami 21 was adopted, the property was zoned T6 -8-R. It's undisputed that the Babylon and the Planning Department agree that to the extent there is an error, the error is the property's designation as R4 instead of "0, " on the proposed Miami 21 maps. I don't necessarily agree that there's an error, but that's not an issue here. So those were the maps that were shown in the Babylon's very own presentation. It's undisputed that the Babylon has brought this rezoning application to, quote, "Restore their taken property rights by correcting the City's error. " It's undisputed that the only experts that have testified before, the Planning Department, after extensive analysis, have determined that a rezoning to T6-12-0 is the appropriate corrective action to remedy any error here, and restore the Babylon's property rights. In fact, the Planning Department has repeatedly stated that T6-12-0 compares favorably to the Babylon's prior "0" designation under 11000. The Deputy Director of the Planning Department stated on more than one occasion at a public hearing, in front of the PZAB (Planning, Zoning and Appeals Board) that a straight restoration of rights gets you to T6-8-0. We, as the neighbors, believe that the proper corrective action here is a T6-8-0; however, we are amenable to allowing this T6-12-0, which your Planning Department recommends, the only experts that have testified here, and we urge you to deny the T6-24. Thank you. Chair Russell: Thank you. No, no, no applause, please. Please. Thank you; that's why we're here at 6 p.m., and not even finished with the morning's agenda, amongst other reasons, but let's hold the applause. Elvis. Elvis Cruz: Thank you, Mr. Chair. Elvis Cruz, 631 Northeast 57th Street. A very basic, fundamental concept in all of these hearings is that it's not about what you want; it's about what the law says. I was part of the Miami Neighborhoods United team thatparticipated in the legislation of Miami 21. Francisco Garcia was part of the team, with a consultant, Elizabeth Plater-Zyberg [sic] at the time. Please correct me if I say anything incorrect in my presentation. During those 10 or 12 community meetings that I attended about the formation of Miami 21, we were often told by Elizabeth Plater-Zyberg [sic] that up -zonings such as this one would become a thing of the past. Why? Because they were going to remap the entire City, and they were going to make sure that all the zoning was appropriate; moreover, that for someone to get a rezoning in the future, they would have to do at least two things. Number one, they would have to prove that the existing zoning was somehow inappropriate; and number two, that the proposed new zoning was appropriate, and sure enough, that language is in Miami 21; 7.1.2.8-2(f (g). And I quote: "The analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate in light of the intent of the Miami 21 Code; and in particular, in relation to effects on adjoining properties." It has been in the City of Miami Page 256 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 black letter of Miami 21 since it came into effect on May 10, 2010 -- excuse me -- May 20, 2010, and it has routinely been ignored. It's being ignored here today. I've told you guys this countless times, and it's constantly ignored, but it's now on the record. So please turn down this zoning. Chair Russell: Thank you. Mr. Cruz: This is appropriate as it stands and the proposed is inappropriate. Thank you. Chair Russell: Thank you, Mr. Cruz. Ralph Desantis: Hello. My name is Ralph Desantis, and I've been living at 218 Southeast 14th Street for approximately 10 years -- or actually, 12 years. I moved in in August 12 of 2006. I'm not used to speaking in public, so please forgive me. As a resident of the Emerald at Brickell, I was -- will be extremely negatively affected by the up -zoning of this building for various reasons, including additional traffic. There's -- traffic in the area is unbearable. General privacy and quality of life: My life matters. My family lifes [sic] matter. The people in this room's lives matter. I ask you to vote with your consciousness, and I ask you to deny the up - zoning of this building. Thankyou very much. Chair Russell: Thank you very much, sir. Hello. Amicar Fuentes: Hello. Amicar Fuentes, 79 Southwest 12th Street, Apartment 4006 [sic]. I'm here as a resident of Brickell and the City of Miami. And to be honest with you, I was on the previous case for the Ultra, and like I have said, that I'm very concerned of the City's projection; let's say it that way. I want to quote -- it's sad -- it's too sad that Commissioner Carollo is not here. I want to quote him on what he said on the previous one, saying that we got to worry more about politics than the sea levels. He just mentioned that; that politics are going to destroy our City before the sea level rises. And to be honest with you, I think he's kind of right on that, because this is the third time I'm here, and the Commissioner talking in reference to this case; last time, many months ago, because I'm not directly related, like these people. I'm here just as a resident. Last time I came, it was declared a historic building. Many times ago -- I know I'm late, but still, last -- that time, I was very proud of my City, because the Commission took a vote to preserve our history, and on the best interest of the City. I don't know why. Maybe taxes? If we increase the development, we're going to get more units, more taxes? That's the only benefit I see from the City; besides that, I don't see any benefits at all. I think it's pretty clear who the majority is in favor of -- I mean, actually, against of it. And only one developer or one owner with a lot of money or very good connections is doing whatever he wants on the City. So I -- taking what Commissioner Carollo said, we got to be careful of the approach our City is taking, because a lot of people with money taking decisions. Chair Russell: Thank you for your comments. Hello. Megan Tamaccio: Hi. Good evening, Commissioners. My name is Megan Tamaccio, and I live at 218 Southeast 14th Street. I'd like to submit into the record the petition that I created in opposition to the proposed rezoning of this property. As of 2:30 this afternoon, we've got 787 signatures. We did a quick review, and it looks like there's about 400 plus that are actually residents of Brickell Bay Drive. The applicant has loved to complain -- claim over and over again that they have some sort of neighborhood consensus and everyone's for up -zoning, but we've seen no evidence of it. And as the petition clearly shows, and our participation, we're City of Miami Page 257 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 the one that's in the majority, and we oppose it. So I have copies for everyone of that; I'll distribute to the Clerk when I'm done. Chair Russell: How many signatures? Ms. Tamaccio: 787. Chair Russell: Thank you. Ms. Tamaccio: The applicant says -- they're trying to convince you that they lost something in Miami 21, when your own Planning Director tells you that they haven't. Miami 21 doubled the square footage of the applicant property; under T6- 12-0, it's triple. They haven't lost anything. It's a huge gift, and I think, Commissioner Russell, you even mentioned that in the last Planning meeting. So your own Director says -- Director Garcia says that T6-12-0 compares favorably to what they had under "0," and he can unreservedly recommend T6-12-0 zoning. So we looked at that as a community, and we're saying, "You know what? The Planning Director has done an extensive research, and it makes sense to us. " So on one side, from our point of view, you have this extremely wealthy, powerful developer, whose nickname is "The Baron of Biscayne, " mind you, and he has no ties to the community. He did not lose anything from Miami 21. And on the other hand, you have hundreds of residents that will lose, and we will lose badly if you do this. We'll lose money, we'll lose privacy, security, quality of life, and faith in our government. I ask the Commission to ask themselves one of the optics here: Why are you pushing the scale so far in favor of a single developer as opposed to all of us? Why are you ignoring your own experts? And what evidence do you have to support the T6-24? Commissioners, please consider lending your weight and credibility to our case instead of theirs. Put the burden on them. This is our life and our investments you're playing with, and we will fight for them. I ask you to stand for the people of the City who've made their wishes clear, and vote to deny the application of T6-48, ignore the T6-24, and approve the 776-12-0 that your own experts have approved. Thank you very much for your time. Chair Russell: Thank you. Chelin Duran: Hello. Chair Russell: Hello. Ms. Duran: Hello, guys, Commissioners. Hi, Commissioners, my friends. I'm not here saying about money or contributors. I'm just saying that I'm an owner, me and my husband, for 35 years. We own two homes, two beautiful units; not investment, just our home. And like you guys always tell me, you follow the City's and the staff recommendation. So I was surprised when you guys went against the City Attorney, the district Commissioner, and the Planning Director with their recommendation. You completely took another vote. So I'm asking you, please do what you always tell me that you do, which is follow the City's staff recommendation. And coming from a family of attorneys, I believe in law and order, and I think it's the true and the legal thing to do. Thank you. Chair Russell: Thank you very much. Mr. Hannon: I'm sorry, Chair; if I could get the speaker's name again? Chair Russell: Chelin Duran. Mr. Hannon: Thank you. City of Miami Page 258 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: The; "The Chelin Duran. " Jean Imbert: Good evening, everyone. My name is Jean Imbert. I am currently a resident in 218 Southeast 14th Street, and I am against the development of the -- it was the Babylon. The reasons for that -- you guys were mentioning earlier, you know how important the quality of life is -- right? -- to your residents. You -- it would be outrageous for us. I just encourage you to please drive by, see how narrow of a lot that is. And in your minds, think, "How can they even" -- even a 20 -- it just does not make sense. Please just drive by at some point and see what the impact of a 24 -story building would do to that. If anything, could you please just follow the recommendations from your City and do the 10-, 12-, whatever story height they would recommend? But it would be outrageous for us -- quite honestly, straight shooting -- right? I mean, I know it seems, Commissioner Reyes, like a big deal, going from 40 to 24, and it sounds -- I get it, right? And I'm not going against the development, right? The (UNINTELLIGIBLE), everything's -- grow, and we get it. But it's just one that makes sense. Even 24, it's just -- it's too much. I -- personally, I'm not an architect or any of that, but I really don't think the lot is there for that tall of a building. So please, if you would consider that, we'd much appreciate it. Thank you. Chair Russell: Thank you for your comments. Hello. Natalia Pardey: Hi. Good afternoon. My name is Natalia. I also reside at 218 Southeast 14th Street. Excuse me if my voice shakes. I'm terrified of talking in public, but this really does affect me personally. I live there. I'm on the 10th floor of the building. I saw where the building was, and when I heard that this thing was going to go up, I go, "Look, honestly, if this is going to be this close to me" -- I need my privacy. I want my privacy, and that's the reason why I chose living in the Emerald. IfI wanted to live in a bigger building, in a zone or an area that had that big commotion, I would have probably chosen to live somewhere else; that was one of the reasons why we actually chose the Emerald. It is going to affect me personally. I probably can tell you that if this thing goes up, I'll probably be able to stretch my hands out and I'll be able to touch my neighbor's arm, because it's going to be that close. I also wanted to ask you to please not rezone, also, because of the traffic. You know, they already put a stop sign there; which, by the way, nobody abides to. There's this stop sign that everything tends to run, because of the traffic that's already there, because of the residents already live there. I can't imagine having this huge building there. And lastly, I just want to ask you to please just consciously put yourself in our shoes. If you were the one living there, if you were the one that had all this commotion going on, how would you feel as a person that actually resides in that building; not somebody outside? But just in one minute, put yourself in our shoes. And like he said, drive by and see the size of it. In my head, I can't see anything bigger than what was already built there be built. So I ask you guys to please consciously vote against rezoning the building. Thankyou. Chair Russell: Thank you very much. Hello. Daniel Rams: How's it going? My name is Daniel Rams, and I'm a resident at Brickell, at the Emerald Brickell on 218 Southeast 14th Street, and I'm against this up -zoning. I agree with everything that's been said before me. I also want to kind of reiterate the experts, how they said that street restoration of rights would give them a T6-8-0. And we're trying to reason with our neighbors, and try and reason in -- into a T6-8-12 -- Chair Russell: T6-12. City of Miami Page 259 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Rams: -- sorry -- T6-12-0. And -- because I know, Commissioner Reyes, I know you kind of said, like with the stroke of a pen, they went from a T6-48 to a T6- 8 -R, and I just kind of want to reiterate that that's not correct, and then if it's a straight restoration of rights, it would be a T6-8-0. Please, guys, vote against this up -zoning. I think it would be more than reasonable, and I know the Planning Department's being more than reasonable to kind of restore this error with a T6-8 - - T-6-12-0. Thank you. Chair Russell: Thank you. It's kind of cool, but it's a little sad that all of our residents have become zoning experts. It's very interesting that they're that engaged; it's a little sad that they need to be. Thank you. Jorge Isaac: Good evening, Commissioners. My name is Jorge Isaac. I reside at 218 Southeast 14th Street. I'm not here to talk about the legalities of this. There's plenty of evidence why this rezoning should not take place. I am here to reiterate what all the residents have said. This is an invasion of privacy. I will not have a balcony if this building goes up. I will have a building in front of me. And the harsh reality of this is that this is the beginning. If you vote 'yes," this is the beginning of the rezoning of this area; this beautiful area that we have there in Brickell, and nobody has mentioned that today. So to vote 'yes" would be to give developers a green light to come in and try to rezone these other buildings on Brickell Bay Drive, which would deteriorate the residents' standard of living and quality of life. So, like the prior speaker said, put yourself in our shoes. Don't think about this building, which doesn't fit there; everybody's told you that. I don't know if you all have gone by there and seen the lot. But put yourself in our shoes, and think about what's coming. Think about our City. So please vote "no" for the rezoning. Chair Russell: Thank you. Hello. Carlos Moreno: My name is Carlos Moreno. I live --reside at 218 Southeast 14th Street, as well. And I just want to say that I agree with everyone else that spoke that oppose. I'm opposed to the rezoning of 240 Southeast 14th Street. That's what at the bottom line, like -- right? We're not saying don't build anything there. We're working with you. We're saying, "Go ahead and build, but just don't go crazy"; just like it was just said, that this is the foundation of what's to come in Brickell, our beautiful Brickell. But just --further construction would just congest that area even more. And this is a community, a neighborhood, and that congestion is just what's going to drive the people away. And these are good people, and we want to stay. Thank you for listening. Chair Russell: Thank you. Hello. Lourdes Delgado: Hello. Good afternoon. My name is Lourdes Delgado. I live in the Emerald, 14th Street, 218; short. I'm just here to express my conformity with the rezoning next to our building, (UNINTELLIGIBLE). And I stay -- ask to the Commissioners to take a close look; that this would harm us. All my house have glass from top to floor. I will live in the next building. And in the other hand, the people who maybe buy those apartment will live in my house. I like the privacy. I like the fresh air; that's why we buy in that place. And every stairs [sic], we do it for some reason. The City say some time ago that we can enjoy the free zone to the Brickell Bay Drive. I try to find something good for this development; how this development will improve our neighborhood, our community, and our City. And, unfortunately, I didn't find nothing. It's not a property that will have something useful for us or for any in the area. And so, I ask you dear Commissioners that vote "no"for the rezoning. Thankyou. City of Miami Page 260 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you very much. Hello. Alexander Velsasevic: Hello. Hi. My name is Alexander Velsasevic. I live at 218 Southeast 14th Street. I want to ask you why the majority of you are siding against us, the residents of my building in particular, when we haven't done anything wrong, whatsoever. We did our homework before buying, and trusted the law that you created. Now, you are putting burden on us to take this matter to the court and prove that the law is on our side; again, the law that you created. Your own experts, the City Planning Department, have said that their recommendation of T6- 12-0 is much more than the owner of the property previously had. And yet, you decided to completely ignore it again. Some of you even said on the record that this is going to court anyway, so let's just give the owner T6 -24-B-0. Again, why? The lawyer representing the owner's property will say anything to win the case, of course, but that doesn't make it a fact. The facts are that the law is on our side, and that you are ignoring the recommendation given to you by your own experts. So the right thing here to do in my opinion is to deny this application and let the applicant bear the burden of taking it to the court, and making their case for changing the law. You are elected officials and you should be upholding the law, and act in the best interest of residents of the City. So I ask you to act accordingly, and deny this application. Thank you. Chair Russell: Thank you. Hello. Phillippe Feldin: Hi, Commissioner. Phillippe Feldin (phonetic). I live at the Emerald at Brickell, 218 Southeast 14th Street. Thank you all for your attention span and your time. I could never do what you do; it would be entirely boring for me. Learning about zoning codes is a little more boring, but they do affect people's lives. And in that sense, I think all my neighbors have spoken quite clearly. I think the original legislation is quite clear, and I think we all know what happens when developers with big money try to swing their wallets around. That being said, the property rights should be respected. We're willing to work with them. I don't know the technicals of the Zoning Codes. I know they're up to 8 now. I believe 12 is reasonable. If you go from our building and you look out, and you see 24, that is unreasonable. Let's do the right thing here, gentlemen. Thank you. Chair Russell: Thank you. Liliana Lecocq: Hi. My name is Liliana Lecocq. I live in Brickell Bay Drive, 1440 (UNINTELLIGIBLE). I bought the apartment in 2009. I am in favor of rezoning. Most of the people who is against the rezoning lives in Emerald, who have the privilege to build more than 24 floors. Why our roads was down -zoning? Please act with justice. Thank you. Chair Russell: Thank you very much. Hello. Elma Qujano: Good evening. My name is Elma Quyano. I'm at 218 Southeast 14th Street. We are asking you, the Commissioners, to vote against the rezoning of the Babylon property and approve -- and prove to us, the residents of the community, that you have the community's best interest at heart; not the best interest of the developer, who does not live in the area. The owner of the Babylon was well aware when he purchased the property of the limitations with that property. Approving this rezoning will affect the character of our community and the quality of our life, causing additional traffic and environmental issues. Thank you for your time. Chair Russell: Thank you very much. City of Miami Page 261 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Silvia Erro: Good evening. My name is Silvia Erro, and I'm the property Manager at Jade Residences, 1331 Brickell Bay Drive. I'm here representing the 341 owners, which, if you consider the residents, it's like triple that amount. They kindly request that the Commissioners vote against the up -zoning, and vote for the recommendation of the Zoning Department; looking after their best interest, and not the interest of one owner/developer. Thank you. Chair Russell: Thank you. Hello. Yaidyt Hernandez: Hello, Commission. My name is Yaidyt Hernandez, and I'm representing the ownership of 1300 Brickell Bay Drive, Brickell House Condominium. The consensus of our residents is in agreeance with everybody else that has spoken today. They wonder why the Commission does not want to follow the recommendations of the Planning Committee, especially after enduring two - plus hours of speaking about the need of -- putting the importance of the quality of life of our residents before anything else. One of the things I would like to ask is if any of the Commissioners have been to the area that is in question; not only because of the size of the lot, but because of the infrastructure of the area. The roads that are in the area will not support the increase in population that we will see with the approval of a T6 -24-B-0. And if I am not mistaken, in November of 2013, there was an amendment to the original ordinance that spoke about the T6- 24-0, which allows for a building under that code to be built up to 48 floors, which is absolutely ridiculous; not only for that lot, but for the area in question. And lastly, the concern of most of our residents is the domino effect that the approval of this amendment will cause, as since 2017, there are talks of other buildings and plans of other buildings by developers that are trying to buy the different condominiums and the different co-ops in the area to build bigger buildings. So once again, just representing the consensus of my owners and my residents, and they are opposed, and they urge you to please deny the amendment to change the zoning. Chair Russell: Thank you. Hello. Melanie Paredes: Hello. My name is Melanie Paredes. I live in 218 Southeast 14th Street. I strongly oppose the rezoning of the Babylon property for all the reasons mentioned here by my neighbors, such as lack of privacy, increased traffic, as well as environmental component. I ask you to please vote against the rezoning. Thanks. Chair Russell: Thank you for your comments. You can go ahead, sir. You can go ahead. Joaquin Perez: Mel Chair Russell: Yeah. Mr. Perez: My name is Joaquin Perez. I live in Costa Bella, 1450 Brickell Bay Drive, Apartment 2001. It's interesting to see how the City is working, because before 2003, we had the height -- the skies were the height. After that came T48 to all Miami, and then from -- I don't know where it came out -- that six buildings in the front of the Point View Association were down -graded to T8; not even respecting the height that we already have. In my building, we have 23 floors. The other buildings have lost another bunch of floors. And so, to me, the rezoning is to recover the T48 for the whole area. And I understand that the square footage that this property has is not able to build 48 floors, but in the Commission that I assisted, the Zoning Commission, was approved T24, and I approve and I am for the T24 for the Babylon; and also, for the rest to recover the T48. City of Miami Page 262 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you. Tucker Gibbs: (UNINTELLIGIBLE). Chair Russell: Yeah. Mr. Gibbs: Good evening. My name is Tucker Gibbs, with law offices at 3835 Utopia Court, in Coconut Grove. I'm representing the Millennium Tower Residences Condominium Association, at 1435 Brickell Avenue, which is behind the property subject to this rezoning application. As I said last time, my client objects to the re -- proposed rezoning to T6 -24-B-0, for all the reasons stated in your professional Planning staffs analysis and recommendation, and as set forth in the record of the Planning and Zoning Appeals Board, and in the City Commission on first reading. My client also supports the Planning staffs recommendation to rezone the property from T6 -8-R to T6-12-0, for the reasons set out in staff recommendation. I'd like you all to note the staff analysis emphasizes the Miami 21 Zoning Code's successional zoning requirements for properties less than nine acres, such as this one. The applicable chart for such properties shows that the appropriate increase in zoning from T6-8 is T6-12. Therefore, my client urges you to adopt the staff recommendation to rezone the property to T6-12. Thank you all very much. Chair Russell: Thank you for your comments. Ana Jimenez: Hi. I'm Ana Jimenez. I just moved about three months ago to 218 Southeast 14th Street. I was very excited. My fiance has been living there like for four or five years. And I just find out all this, and I'm completely opposed to the zoning. Like the others said, people -- it have to be a win/win situation, and I'm a believer in that. And I guess going up to T24 -- I don't know the codes, but to go up to 24, I think it's not feasible. I guess the T12 would be more than enough. This is a small lot. And I guess we all deserve privacy, and I guess privacy is our right. And I guess going beyond that is not feasible; it's unexplainable. So I'm opposed, and I hope you put yourselves in our situation, and just try to understand that we deserve to have that privacy, and that you can make the right decision for this up - zoning. Thank you very much. Chair Russell: Thank you. Hello. Brian Copps: Hello. My name is Brian Copps, and I'm a resident of Brickell House on 1300 Brickell Bay Drive, Number 2605. I thank all of you for your service and commitment to public institutions. I think what you do in the time you give tonight is admirable. I just moved here from Wisconsin and Miami is my new home, and I love it; although I got to learn Spanish. That's one of my big things. I - - talking to Victoria, I learn. I got to learn the language. So why did I choose Brickell? All these beautiful places in Miami -- you got great neighborhoods. Brickell has charm. Brickell has a soul. You walk and you talk to people walking your dogs, and it just feels like a community. Brickell has community to it that made me go from a renter to a buyer this year for the first time. And I bought, wanting to keep that soul and that charm in the neighborhood. I don't think this keeps that. I think that this is moving in the direction that's going to take away that charm, take away the appeal for people like me on where they should move in Miami. And so, I just respectfully ask that you reconsider, and, you know, go against this thing. Thank you for listening to me. Chair Russell: Thank you for your comments. Hello. City of Miami Page 263 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Enrique Herrero: How are you? Enrique Herrero, 218 Southeast 14th Street, Apartment TS301. About four years ago, I purchased my unit over there, just saying, "This is the perfect place to live. " And for the last two years of this Babylon has been going on, I haven't slept right. I mean, the quality of our living that we've had there has been destroyed. I respect all of you four that been here, the four that are here who are listening to us, because I know it's your time. And -- but what I'm saying is, you know, the building next door, the Babylon, as long as I've been there, that owner have had a trashcan -- that building is the worst building I've seen down there. He hasn't cared, just like the other properties had. So, you know, for this person, after being there in that property for nine years or 10 years that he bought that property, not caring about it, at this moment, having to piss off all the residents in the area that we live there -- he's just an investor that doesn't even live there. He's just a guy from -- an outsider with money that wants to build something there. The zoning is the zoning, and the other buildings around there, that is the zoning. When I bought my unit, I made sure what was going to happen there. They told me it's a T6 -8-R. I asked my realtor. If something happens, they can only go to 12 floors. Based on that, I made my decision. I'm here. Now, by changing that, it's really destroying our quality of life, destroying all of us. I really am voting against it. And the people here that are against it, please stand up again so that the Commissioners know about this. I really appreciate your time. Thank you very much, and I hope you guys make the right decision. For the residents that live here that we voted for your City -- for you -- we voted for you to represent us; not a builder that dictates what we do in the land. Not going to happen. Chair Russell: Thank you very much. Sir. Nicholas Young: Hi. My name is Nick Young. I live at 1402 Brickell Bay Drive, on the other side, in Commodore Bay. I'm here to represent the units of our building. So, much like this subject property, we were also down -zoned to T6-8. Our building is 16 stories tall, so -- Chair Russell: I'm sorry, sir. Mr. Young: Yes. Chair Russell: You said you represent a building? Mr. Young: Commodore Bay. I'm sorry. Well, I'm on the board of Commodore Bay. My neighbors all feel similarly to myself, so -- Chair Russell: I just need to understand whether you're speaking for yourself or for an organization or -- Mr. Young: I'm speaking for myself, but the building has consensus on this matter. Chair Russell: Has the building proffered a resolution or voted on this issue? Mr. Young: We have not yet. So I'll speak for myself. Chair Russell: Okay. Mr. Young: Let me speak for myself. I'll speak for myself, but know that many of my neighbors feel the same way. So we believe that the entire Point View neighborhood is improperly zoned; so, as such, we do support an up -zoning of the Babylon property. However, we would encourage the Commission not to piecemeal the solution. As the gentleman from Costa Bella said, there are many buildings that are also down -zoned and subjected to this same T6-8 zoning that need to be fixed. City of Miami Page 264 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Sorry to be so unpopular for all our neighbors at the Emerald. We still love you guys. But, you know, in speaking about privacy, our building was built in 1994. We had the same thing happen that they're worried about when Emerald was built, when Brickell House was built, when Jade was built. We enjoyed a nice, quiet little building, and development came. This is Miami. This is what happens. But to down -zone a property to secure your own privacy is inappropriate in my opinion. Thank you. Chair Russell: Thank you very much. Hello. Please come closer to the lectern and share both lecterns. So if you're here to speak on this item, go ahead and form a line at both of the lecterns. And -- hello. You can go ahead and speak. Rosa Gonzalez-Learra: Good evening. My name is Rosa Gonzalez-Learra, and I would like to yield my two minutes to Rudi. I have lived in Brickell Bay Drive for 33 years. Chair Russell: Okay. Ms. Gonzalez-Learra: I'd like to Chair Russell: Did you capture that, Mr. Clerk? Mr. Hannon: She's giving her two minutes to -- who, again? Chair Russell: I didn't quite catch it, but this gentleman. Mr. Hannon: Thank you. Sarah Powell: My name is Sarah Powell, and I live at 1430 Brickell Bay Drive. I'm giving my two minutes to Rudi. Enerida Nieto: I'm Enerida Nieto. I live in 21814th Street. Mr. Hannon: Chair, I'm sorry. I can't hear. luAWLYMMA'ilm Chair Russell: If you could move the microphone closer? Thank you Ms. Nieto: I'm Enerida Nieto. I live in 21814th Street, in the Emerald Building. I give the time for him. Chair Russell: So that's three so far, plus him; that's eight minutes. How much time do you need, sir? Rudi Duemichen: Can I have one more? I'm just going to -- I need eight plus minutes. Chair Russell: Okay. Tania Jane: My name is Tania, and I give my time to Mr. Rudi. Chair Russell: I need the name once more again. I'm sorry. Just for the Clerk, we need the name. Ma'am? Mr. Hannon: Yes. No, no, no -- sorry. City of Miami Page 265 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: I need her name. Mr. Hannon: Ma'am, in the green sweater. Ms. Jane: My name is Tania Jane. I am -- live in 218 Southwest [sic] 14th Street, at 2001 Apartment. Chair Russell: The address isn't necessary; just the name. Thank you. Claudia Ramos: My name is Claudia Ramos, and I'm donating my time to him; my two minutes. Chair Russell: Okay. Mr. Duemichen: I got my eight minutes. Chair Russell: That sounds like 12 to me, yeah. Unidentified Speaker: (UNINTELLIGIBLE). Mr. Duemichen: No, no need, no need. Chair Russell: All right. I think you're good, right? Mr. Duemichen: 10. Chair Russell: Okay. Mr. Duemichen: No more than that. Chair Russell: All right. Sir, are you donating your time to him? No? Okay. Go ahead. Mr. Duemichen: I'd like him to go first, please. Chair Russell: That's fine. Go ahead. Jose Santos: My name is Jose Santos. I live in Brickell Bay Drive. And first of all, I would like to say thanks to hear me. According to the letter that I received in my mailbox, I totally disagree with the proposal that was presented -- that's all Jade neighbors. There are many reasons to support my rejection in what was proposed by City of Miami Commission. According to the Miami law, it's not legal, create more noise, pollution, traffic, constructions, buildings, over land, over height. That were established from the beginning until now. In my opinion, some futures are building must be followed and respected. For instance, height, locations, boundaries between buildings and palm trees, beside other kind of plants. Another situation is related to instead eight floors, instead create eight floors, now they are pretending 24 floors. The Condo Emerald and the neighbors are concerned about new constructions, especially with over size of our land, over heights, creating more noise, creating more pollution, creating every day more traffic, and negative impacts on environmental issues. As a neighbor, I am against to T6 -24 -B -O and T6-12-0. Thanks to hear me. Chair Russell: Thank you very much for your comments. Mr. Duemichen: Hello, hello. Gentlemen— City of Miami Page 266 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: I got your timer set. Go ahead. Mr. Duemichen: -- this is the first time I come before this Commission. I have sat here for numerous hours; certainly, not as many hours as you do. And I've heard everything from the whole process that we're here today. Oh, my name is Rudi Duemichen. I'm an owner at 218 Southeast 14th Street, Apartment 2203. And thank you -- Chair Russell: Please address the dais. Mr. Duemichen: -- well, she's the one that -- Chair Russell: Yeah. Go ahead. Mr. Duemichen: I am impact -- directly impacted by this up -zoning, second reading, and I am here to oppose it. I come up to you, because I am in total disbelief that this zoning request has gone this far, and that this Commission has voted in favor of an up -zoning despite the City of Miami's professional Planning staff, your Legal Department recommending denial of the Babylon's up -zoning. This makes no sense to me. It eats me inside. It burns me inside. I don't sleep on this. This doesn't make sense. I know -- I'm generally a positive person, and I believe in the good of people, but as a businessman, I have come across decisions that at times did not make sense, and found that the usual common link was money. So I decided to follow the money myself, too. I reviewed the camp -- so I reviewed the campaign contributions made by all the parties involved; the applicant's law firm, the applicant, and related parties. I began with you, Commissioner Reyes. Wow, the first contribution received, the very first that you received, numero uno, December 2017, was from the attorneys that are here representing the applicant. Okay? That shocked me. But, you know, it's coincidence, so I kept going. And I went on and I found a second contribution to the same campaign for the same maximum amount. Florida Law requires there's a thousand dollar max. We have - - somebody needs to look at this, and that's why I mention it. There has been possibly a question of -- over amounts of contributions by the firm, and I -- and this needs to be looked at. When I saw this, I had to dig deeper. I know -- you have to understand, I see something that's questionable, I see attorneys giving to the contribution. I have to go forward, so I did. And, of course, I find -- Igo into the -- do I have to go back here or not? I went to the contributions and I wanted to find out more about this firm that made this questionable two contributions. So I looked at the website. They have all their pictures, and every single one of the partners and shareholders contributed. But they not only -- I don't see that in the presentation -- but they not only contributed, but they contributed two or three months before the hearing. You know, that gets to you. It's like there's a pow -wow, contribution pow -wow right be -- right before the hearing, and it's all the individuals directly doing it. Commissioner Carollo, I could not find -- and Commissioner Reyes -- the applicant. I fully expected to see, you know, the same pattern with the applicant; but, no. He directed his contributions to you. I mean, I don't mean to single you out, but there it is, you know? Substantial funds. Of course, the firm appears and the -- everybody else appears. So I have to go on. I can't do this. I -- you know, please understand, this is what's happening to me inside, looking at this thing, on my -- and I have to do this. So I keep going. And I wished that was it. There has been a gentleman here, a developer called Henry Pino. I saw him marshal people to the stand. I looked into who he was. Well, he's a very respected and big developer in the City, and he was also voting for the up - zoning, and it turns out that, looking into it, he has interest -- he's definitely an interested party. He has registered lobbyists and -- he has registered lobbyists. He's -- I'm sorry, I'm very nervous, but this -- I just need to make my point. I will get there, I promise. And the -- he has even -- you know, I saw on the internet a City of Miami Page 267 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 picture of a 48 -story rendering of a building that -- 48 -story on our neighborhood, right there, if he was able to get the up -zoning. This must be a long play for the 1430 Bay property. Commissioner Carollo: Can -- I don't want to get you off your best, but if I could ask you -- because if you're going to mention my name, I'd like for you to put everything in the open. Who gave me contributions? When did they give me, and what amount did they give me? Mr. Duemichen: He -- yes. Can I go back or no? Chair Russell: Yes. Commissioner Carollo: Yeah. Chair Russell: Hold his time while he answers the Commissioner's question. Mr. Duemichen: Yes. Commissioner Carollo: What date was this? Who gave it to me, and what amount? Mr. Duemichen: Well, there it is. Did you want to -- do you want me to read, one by one, or do you have it for the record; that's good enough? Commissioner Carollo: Go ahead. Go ahead. You got this Joshua and Michael Linten (phonetic) that you're putting, an attorney. I have no idea who he is. $250 on September 30, 2017. Mr. Duemichen: These are all people that, to the best of my knowledge, are associated with the Babylon. Commissioner Carollo: Melissa (UNINTELLIGIBLE), $500 on November 30, (UNINTELLIGIBLE). Mr. Duemichen: May I continue? And you can do that later, Commissioner Carollo. Commissioner Carollo: No, no, no. But I -- it's my time. I'm not taking from you. Mr. Duemichen: Oh, thank you. Commissioner Carollo: Don't worry. Michael Wayne Larkin, $500, September 30, '17; Micah Merrero, $250, 9/30/3017; Matthew Amster (phonetic), 9/30/2017, 250; Ben Fernandez -- that's one that I know -- 250, 9/30/2017; (UNINTELLIGIBLE) Penn (phonetic), 250, and 9/30; Bercow Radell, a thousand -- that's a little better than 250 -- 1/14/2017; Melissa (UNINTELLIGIBLE), 9/30/17, $500. Mr. Duemichen: I believe she's here. Commissioner Carollo: Well, I think -- is this Michael Wayne Larkin? Did I repeat these guys already or --? No, I'm repeating them. After -- I had said all those before, so I was just going over. Ran Penn (phonetic), 250, and -- Mr. Duemichen: These are the attorneys that are representing the applicant. City of Miami Page 268 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Yeah. Now, do you -- you know what I raised in the campaign? You should put the final amount that I raised in that campaign. And this is a drop in the bucket that was contributed to me; a drop in the bucket. Mr. Duemichen: It always is a drop in the bucket, Commissioner. Commissioner Carollo: Yeah. This is a drop in the bucket. Mr. Duemichen: I understand. Commissioner Carollo: In fact -- Mr. Duemichen: But it's here. Commissioner Carollo: --you -- Mr. Duemichen: And this is the attorneys. Commissioner Carollo: -- have people -- Mr. Duemichen: And these are interested parties. Commissioner Carollo: -- you could -- you -- Mr. Duemichen: My point is not that -- Commissioner Carollo: -- have people sitting on here -- Mr. Duemichen: Please, this is not -- Commissioner Carollo: -- that are some of your -- Mr. Duemichen: -- I must -- Commissioner Carollo: -- main clients that have contributed to me in the past. Mr. Duemichen: This is not about this. This is totally legal. Commissioner Carollo: Well -- Mr. Duemichen: It's about -- my point -- I -- if you'll allow me to make my point, please. I would like to make my point. Commissioner Reyes: I just want to ask you a question. Commissioner Carollo: Do you--? Commissioner Reyes: Did you find anything on Mr. Russell? Commissioner Carollo: If -- Commissioner Reyes: Because I think you gave him about $5,000 for his congressional -- also? Mr. Duemichen: I would love to see it. Commissioner Carollo: Excuse me. City of Miami Page 269 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: Oh, yeah. But, I mean, you know -- Mr. Duemichen: I'd love to see that. Commissioner Carollo: Commissioner, excuse me. Let me be done, because -- Mr. Duemichen: Can I please continue, please? Commissioner Carollo: No, no, no -- Mr. Duemichen: I just need to finish my -- Commissioner Carollo: --you -- Mr. Duemichen: I'll be out of your way, I promise. Commissioner Carollo: -- have your time. You have your time. I'm not taking -- and we're not taking your time away. But you were here a little while ago for the wonderful Ultra discussion that we had, right? Mr. Duemichen: Yeah, I sat in for the last few minutes. Commissioner Carollo: Okay. But a lot of people here were through the greatest portion of it. Do you remember how I voted on Ultra? Mr. Duemichen: I did. Commissioner Carollo: I voted "no." Correct? Mr. Duemichen: That's correct. Commissioner Carollo: Okay. You're going to find that Ultra contributed to me, probably more than, you know, the few thousand of dollars that you're putting here. Mr. Duemichen: Like they all do. Commissioner Carollo: And I voted "no." Now -- Mr. Duemichen: May I please continue? Commissioner Carollo: -- and they haven't asked for their money back. Mr. Duemichen: May I please continue? Commissioner Carollo: Absolutely. Mr. Duemichen: Because I have another grind to peck. Commissioner Carollo: Absolutely. But, you know, I don't mind giving -- Mr. Duemichen: So, Mr. Henry Pino, interested party, big donator. So we can see where the money -- there is money. Commissioner Carollo: But not to me. Chair Russell: Four minutes, please. City of Miami Page 270 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Duemichen: The contributions. Commissioner Reyes -- Chair Russell: Please continue. Mr. Duemichen: -- I have been -- I have to read this. While I'm focusing on you, Commissioner Reyes, I have been always fond of you, because of your strong view that the City of Miami should not do business with vendors with ties to Cuba. But when -- it seems that when it comes to accepting contributions, that does not appear to matter. You have -- Akerman has donated to you, widely known as a -- with a Cuba practice --you know, they represent Airbnb. They have (UNINTELLIGIBLE). You should practice what you preach. "Y como dicen en Cuba" -- Commissioner Reyes: Please -- Mr. Duemichen: -- "Predicar la moral en calzoncillos. Perdoname" -- Ms. Mendez: I think -- Commissioner Reyes: Excuse me, excuse me. Ms. Mendez: -- we've already -- Commissioner Reyes: -- I think in that -- Mr. Duemichen: Let me ask if this is -- sir -- we are due ---- I mean, if -- Commissioner Reyes: You see, you might know more of this. When they give you -- I mean, there is a fundraiser, everybody comes and -- but -- Listen. I'd be more than glad to return it if it is true. And another thing that I'm going to tell you is you look, and you're going to see that it's a (UNINTELLIGIBLE), which is around here -- did you --your law office, did you organize a fundraiser for mel Iris Escarra: I did. Commissioner Reyes: You did. You did. And after the fundraiser, you were representing the Mas brothers with the Melreese Golf Course? Ms. Escarra: I am. Commissioner Reyes: And how did I voted there? Ms. Escarra: A very loud "no. " Commissioner Reyes: Oh, okay. That means that maybe sometimes that there is no consistence, okay? And they are -- like this example, there are a lot of examples that I received contribution, and I vote against it. I received contributions from Ultra, and I was the first one that voted against them to get them out of -- Mr. Duemichen: But Commissioner Reyes, you see what does -- Chair Russell: Please, just -- Mr. Duemichen: -- it makes us residents -- Chair Russell: Please, sir. Mr. Duemichen: -- see how deep we go -- City of Miami Page 271 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Please, sir. Sir -- Mr. Duemichen: -- because we're so bothered by decisions -- Chair Russell: -- sir -- Mr. Duemichen: -- that are made that make no sense. Chair Russell: -- sir, stop, stop, please. We're not having a back and forth or an argument. I've stopped your time while the Commissioners would like to speak. You'll get your time, but I do not want a back -and -forth argument, please. Mr. Duemichen: After all this information, I -- it became clear to me that there's a lot of money falling --flowing to campaigns of these particular two Commissioners relating to this matter. Is this the way the business is done in the City? Is this acceptable? Is this ethical? Sorry to pick on you, Commissioner -- Ms. Mendez: Chairman, I think -- I mean -- Chair Russell: Madam City Attorney. Ms. Mendez: -- this man would have been given like so much leeway. It's already in the record. This -- if he has a problem, he could lobby the State Legislature and say why he thinks this is a problem. But these could -- everything that has been brought up here is perfectly allowed by law, and it is -- there is nothing wrong with it. Mr. Duemichen: The maximum -- Ms. Mendez: It is allowed by law; that's it. Mr. Duemichen: -- even the maximum contributions (UNINTELLIGIBLE). Ms. Mendez: And if you are being already -- Chair Russell: Just a minute, sir. Ms. Mendez: -- quite scandalous. You're alleging things that are inappropriate. It's already in the record; you put it in. I think, Chairman, he's had more than enough time to talk. I mean, that's really ridiculous. Mr. Duemichen: Can I please conclude then, please? Chair Russell: Madam City Attorney, he has the exact amount of time as what's been donated to him, and he can speak. I think there have been accusations going back and forth amongst -- Ms. Mendez: You've been -- right. Chair Russell: -- everybody. Ms. Mendez: The problem is that you've been very generous. You're allowing the - Chair Russell: And— Ms. nd-- Ms. Mendez: -- compounding of time in more ways that are just -- City of Miami Page 272 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: It'll be up to this body to differentiate what he is accusing as potentially unethical by optic, and he's even brought up -- however, he has brought up some things that he believes are actually illegal. So I think he has his time to make his case. And of course, these Commissioners can say whatever they want in rebuttal. But he does have his time as a member of the public. I -- Mr. Duemichen: I regret I'm here doing this; I really do, Commissioners. Commissioner Gort, I have heard you saying more than once that this is going to end up in court. I've heard you say it many times. And I understand that this is a quasi-judicial proceeding. And therefore, we are entitled to a fair and impartial process. Please, don't pass the buck. Think about the recommendations the Planning Department, the Legal Department, your fellow Commissioners of your district, and many residents of the neighborhood who are here today. We are due a fair and impartial process that the law requires to be unbiased. We need you both to vote for this, and you, too, Commissioner Hardemon, please. In conclusion, there's a law I'm inserting for the record; quasi-judicial bias. And in conclusion, given this information, it's imperative that the Commissioners Reyes and Carollo be disqualified from participating in the second reading of this up -zone request for the Babylon property. The residents of Brickell Bay Drive demand and deserve due process. Commissioner Reyes and Carollo have not made any meaningful Jennings disclosure, and their ability of being unbiased and impartial is highly questionable. At a minimum, this quasi-judicial proceeding must be rescheduled for a first hearing where Commissioner Reyes and Carollo do not participate in the discussion or voting. Thank you. Ms. Mendez: So -- Chair Russell: Thank you. Ms. Mendez: -- he could take that up with the Florida Legislature. Chair Russell: Of course. Ms. Mendez: Okay. Chair Russell: This is not a -- And sir, with full respect for the research that you've done, this is not for this body to disqualify any one of these Commissioners. If they have a conflict, it's up to them to disclose that conflict and recuse themselves, as Commissioner Reyes did earlier. They don't even need to give a reason. If there is an issue that you think there's an ethical violation, there are bodies to take that up; the Ethics Commission, for one; the State Attorney's Office, for another. Everything that you -- many of the things you pointed to can leave an impression, but are not illegal. People are allowed to draw their own conclusion, and that's why I'm very glad that the Clerk has a very transparent system of who gives money to whom, and who lobbies whom. So that is open for everyone, and that's how you've been able to find that information; doesn't necessarily mean there's something illegal. The one thing you did point out is a double maximum contribution which you -- Mr. Duemichen: That's what I saw, and to the best of my ability -- Chair Russell: But it -- Mr. Duemichen: -- that needs to be looked atpotentially. Chair Russell: -- doesn't disqualify someone from being able to vote on this dais. So, you know, I understand what you're trying to do here. You may actually be doing more harm than you're -- than -- City of Miami Page 273 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Duemichen: Well, it's just -- Commissioner Reyes: Yes, you are. Mr. Duemichen: -- I'm speaking my heart. Chair Russell: I understand that. Mr. Duemichen: I'm not -- I'm speaking my heart. I'm affected. Chair Russell: And you have your right, but it's been a pretty rough day here with regard to the accusations. Mr. Duemichen: It's been very hard. Chair Russell: So I will thank you for speaking. I believe you will agree -- Mr. Duemichen: Thank you for listening to me. Chair Russell: --you've had your time. Mr. Duemichen: And thank you, Mr. -- Commissioner Reyes and Commissioner -- Chair Russell: Is there--? Commissioner Reyes: No, just a simple comment. You see, none of that -- you claim that I was so influenced by the contributions. My God, I should have gone along to the 48 floors that -- instead of bringing it down to 24. You see, it didn't work that well. Maybe you -- the contribution was not enough. I could have gone to 48 instead of bringing it down. That's what I did, and that was at the request of some of your neighbors. Chair Russell: Thank you very much. Commissioner Carollo: And may -- Chair Russell: Is there anyone else here who'd like -- I'm sorry. If you'd like to address -- Commissioner Carollo: Yeah. Madam City Attorney, while I was at the ojflce, did you read what my staff gave you to read for me and my Jennings disclosures? Ms. Mendez: We don't -- since this has been public comment, we don't -- we haven't addressed the Jennings disclosures -- Commissioner Carollo: Okay. Ms. Mendez: -- because the Jennings disclosures only apply, really, to the -- you know -- applicant in this case. So as soon as we're done with the public, we could do -- address any Jennings disclosures. Commissioner Carollo: Okay, because I got --for three different items that are up today. Ms. Mendez: You could do it now if you want. However, I just -- we haven't addressed them yet. City of Miami Page 274 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Can we finish public comment? Ms. Mendez: So you haven't missed anything. Chair Russell: Can we finish public comment? Let's just close -- let's get through the public comment; then we'll close, and we'll do all the Jennings disclosures. You're here to speak publicly on this item, yes? Is there anyone else who'd like to speak on this particular item? Then we'll be closing the public comment after this speaker. Maripaz Pereira: Thank you. Good evening to everyone. My name is Maripaz Pereira Cordoba. I'm a owner in Brickell Shores -- actually, Brickell Shores Building, 1440 Brickell Bay Drive. I've been in real estate for about 18 years, so location, location, location is our -- all the time we say. In 2005, we are down- graded to eight floors while the other areas upgrade. So the building where I live has 10 floors and it's old, and in really bad conditions. If you like, you can come and see it, all the carpets in really bad conditions. When the Emerald, Jade, Four Season built, we were there during all this constructions. So we live in a urban city that is growing, so we cannot oppose on the rezoning. So I agree with the rezoning. Thank you. Chair Russell: Thank you for your comments. Anyone else? All right. I'm going to close -- sir, you already spoke? Mr. Herrero: (UNINTELLIGIBLE). Mr. Hannon: Chair, if we're going to have any comment, it needs to be on the record. Chair Russell: I'm sorry. Sir, this is not a question and answer session. This is your moment to speak to us, and you've had that time. I sincerely apologize, but -- Unidentified Speaker: Commissioner (UNINTELLIGIBLE). Chair Russell: That's their prerogative. Sir, please sit down. Ms. Mendez: They're -- Chair Russell: Please sit down. Ms. Mendez: This is -- if you can go into the women's bathroom, the men's bathroom, all the offices, everyone can hear all throughout this building. You cannot escape the public comment; though you would try to, you cannot escape it throughout the building. Chair Russell: Or -- Ms. Mendez: So trust me, everybody has heard you. Chair Russell: --Madam City Attorney -- Commissioner Carollo: For the record -- Chair Russell: Okay. Commissioner Carollo: -- in my office, I have two televisions. I was sitting in my conference room where I have the biggest one, listening to most of what was said at City of Miami Page 275 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 the time. So if that would give you some comfort, I hear with my ears; not with my body as a whole. Thank you. Chair Russell: Thank you, Commissioner. All right. Unidentified Speaker: Commissioner -- Chair Russell: We're closing public comment, and we're going to take up the item. Mr. Martos: Mr. Chair, before we close, I'm -- I represent the intervenor, the Emerald. I'd like to just say two words -- Chair Russell: Have we established intervenors? Mr. Martos: -- less than two minutes. I have intervenor status. I'll be speaking with Ms. Tapanes, I believe, for her presentation. I just want to clear two things. One, the gentleman who just spoke is not with my building. He's a private individual. I'm not associated with that. And two -- Commissioner Carollo: Who are we --? Mr. Martos: -- there's a lot of [expletive) -- Commissioner Carollo: -- who are we -- Mr. Martos: -- in that -- Chair Russell: Just a moment. Mr. Martos: -- in what was just said. Total -- Commissioner Carollo: -- who are we speaking about? Mr. Martos: The gentleman who just spoke. Commissioner Carollo: Oh, the one standing at the mike. Okay. Mr. Martos: The man who made absurd accusations, which I call bull [expletive]. I just want to make clear for the record, Ms. Tapanes, Mr. Bercow, all of his partners and his firm work very closely with me on some projects, opposed on other projects, and it's a firm with absolute integrity. It would never do something like that. And so I just -- I needed to make that very clear for the record to defend them, even though we're on opposite sides. I think it's absurd to make those kind of accusations. So with that said, let's get back to the real issues, the substance of this application. I'll be happy to present later. I just wanted to clear the air. Chair Russell: Thank you very much. Mr. Martos: Thank you. Ms. Mendez: Thank you. At this time, are there any Jennings disclosures? Commissioner Carollo: Thank you. Ms. Mendez: Well, if -- yes. So if anything -- if there's any added disclosures, you could do them at this time; if not -- City of Miami Page 276 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: If I can? On PZ. 1, I met with Ines Marrero Priegues and the applicant. On PZ.2 and PZ.3, I met with William Riley and Allen Amdur. And on PZ. 10, I met with Melissa Tapanes and the applicant. Melissa Tapanes Llahues: PZ. 9. Ms. Mendez: PZ. 9, just to clarify. There was a little typo there, so PZ. 9. Commissioner Carollo: Okay, PZ.9. Ms. Mendez: And then thank you for making -- Commissioner Carollo: Thank you. Ms. Mendez: -- those disclosures. Chair Russell: Thank you very much. All right. So we're going to take this item up. We can either start --we're on second reading, so both sides have presented on this. Do we have new information to present; or where are we, Ms. Tapanes? Ms. Tapanes Llahues: Yes. Good afternoon. Melissa Tapanes, with law offices at 200 South Biscayne Boulevard. I represent Babylon International. With us today is Alicia Garcia at Babylon. They purchased the property -- to just clear the record -- in 1989. They're not developers. They have never built a building. They're a local family, with this as one of their real estate interests. I'm also joined by Iliana Hernandez Acosta; and my partner, Jeff Bercow; and colleague, Emily Balter (phonetic). Consistent with your approval at first reading, as well as the Planning, Zoning and Appeals Board recommendations, Babylon has modified its request to rezone the property. Instead of T6 -48-A-0, as was originally recommended by the Planning Department, we have modified that request to T6 -24-B-0, in an effort to compromise with our fellow neighbors. It's important to note that we've also voluntarily proffered a Declaration of Restrictive Covenants, limiting the future development of the property to a maximum building height of 24 stories, as well as relinquishing the right to utilize height bonuses under Miami 21. It's very important to note that this is not about a particular project. This is to restore taken property rights for this site. We discussed that in very much detail in first reading, and I want to keep my comments brief, to simply respond to Martos's July 24 letter, and correct certain items that were put into the record today. To be very clear, the error that requires your corrective action today by the process of rezoning is both a scrivener's error and a mapping error. The Miami 21 map adopted by the City Commission stated that the property was erroneously zoned as R4. This is a scrivener's error. The Miami 21 map illustrated that the property was zoned R4. This is a mapping error. These errors are clear and unequivocal. They are in your Miami 21 archives. They are not subject to debate. Even today, the Planning Department agrees that there is an error that requires correction. Our disagreement is what that correction should be. We have compromised with the surrounding stakeholders at the request of the Planning Board and this Commission to T6 -24-B-0. The City Commission's rezoning of the property based on this erroneous maps violated the property owner's procedural due process right to notice, as well as its substantive due process rights in the form of a regulatory taking. Mr. Martos's letter argues that the owner's property rights were not taken, because Miami 21grams more rights than Ordinance 11000. This is simply wrong. Both Mr. Martos and the 2019 Planning Department's recommendation only analyzes use and floor area, as if land development regulations only consist of use and square footage. Anyone who has thumbed through Miami 21 knows that this is not the case. Terms of art matter. I'll give you a few examples. In analyzing floor area, both Mr. Martos and the Planning Department's 2019 recommendation City of Miami Page 277 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 attempt to compare apples to oranges by comparing FAR (floor/area ratio) under Ordinance 11000 to FLR (floor/lot ratio) under Miami 21. This is disingenuous. FAR under 11000 did not include structured parking; other non -habitable areas, such as hallways, storage areas, et cetera. FLR under Miami 21 includes all gross square footage, including structured parking. Height also matters. At first reading, the department confirmed that while 11000 provided unlimited height for this property, other regulations would have limited the height to a maximum of 300 feet. However, they suggested that 300 feet was the same as eight to 12 stories, where under Miami 21, a maximum of 300 feet is really 27 stories. Ms. Santos' depiction of setbacks under 11000 are also wrong. For properties under 20, 000 square feet, setbacks are not 15 and 20 feet; they're 10 feet each. We have expert testimony from Revuelta Architect in the record that makes these setback regulations clear. These setback regulations account for the Brickell established setback area, as well as the setbacks above the eighth floor, which are the salient issue here, as well. Miami 21's 3.36(a), 5.616(g), and 5.61(h) were discussed in detail during our first reading presentation. As we also described in our presentation on first reading, any Miami 21 transect less than 20 -- than T6 -24-B-0 would be a regulatory taking due to the setback regulations above the eighth floor, as applied to the substandard 15,000 -square -foot lot. This is not about building up to 24 stories; it's building anything above eight stories. Mr. Martos also claims that a 1999 Declaration of Condominiums converted the use of the property from office to residential; and thus, the owner relinquished its investment -backed expectations. This is simply a mistake. The condominium was never utilized, and can be terminated at any time. The owner owns all the units, and has since the property was purchased in 1989, a decade -- two decades prior to Miami 21 being adopted. Further, the property has been occupied for both residential and office uses until the property was abandoned in 2016 due to the entitlement battle that we have been going through since that time. I'll submit into the record lease agreements for office uses that include Baker Concrete, Brickell Houses sales office, and Urbanica Interiors. Notably, these ojfice uses were both before and after Miami 21 was adopted, and they show leases from 2004 to 2016. Regarding precedent, the City Commission, Planning Department, and the City Attorney's Office are all on record, which is summarized in our June 26, 2019 memorandum that corrective actions to the zoning atlas are not subject to successional zoning. We have submitted into the record precedent that the Planning Department and this City Commission has corrected the zoning atlases, with and without the rezoning process. Martos is correct that the CS (Civic Space) Zoning District is unique. The CS Zoning District is so unique that it's not even in the successional zoning chart. You may ask, "Why?" The concept of successional zoning in 7.128(a) specifically applies to changes required by, quote, "The City's growth and evolution over time." Creating civic spaces are not changes required by the City's growth and evolution over time; neither is the City Commission's work to correct errors through a publicly -noticed process. In the case of the Babylon, the City Attorney's Office responded to a legal services request, dated October 12, 2015, from the Planning Department, and recommended that the corrective action be processed through a rezoning application. That response was on November 16, 2015. Four years later, we're here before you, hopeful that the Commission will put this very long, expensive odyssey behind us. Despite Mr. Martos's slippery slope arguments, this case does not create precedent against successional zoning, or create a domino effect for split -zoning throughout the City. Split -zoning has nothing to do with the Babylon. It has nothing to do with the corrective action that we are seeking by this Commission. Mr. Martos mentions egregious cases. I know of no more egregious zoning matter in the City of Miami over my tenure here that [sic] of the Babylon. This local family -- not developers, never built a building in their lives -- has spent over $1.6 million working with the City in good faith for over five years to correct this issue. In conclusion, the Miami 21 Zoning Atlas adopted by the City Commission in 2009 included both a scrivener's error and a mapping error for the underlying zoning. These errors City of Miami Page 278 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 violated the owner's procedural due process rights of notice that is required under Section 1.16.041 Florida Statutes, as well as case law, North Beach Medical Center and City of Fort Lauderdale, as well as McGhee versus City of Cocoa Beach. These errors led to the Commission erroneously down -zoning the Babylon to T6 -8- R, like that of the other Brickell Bay Drive properties. Everything in this area, including the Emerald that you spoke --that you heard about --is 27 stories. The Jade is 48 stories. And I'll mention that the 1300 Building, as well as the Jade, they did not -- and Commodore Bay -- none of them had resolutions. This is the life and investment of these property owners. They're not evil developers, and my law firm is not an evil law firm. We're proud of the work we do before you every month, time and time again, at all the HEP (Historic & Environmental Preservation) Board hearings, the Planning, Zoning and Appeals Board hearings, as well as the City Commission. We respectfully request your approval this evening, and reserve time for rebuttal. Thank you. Chair Russell: Thank you very much. Mr. Martos: Commissioners, thank you on behalf of the Emerald, Ms. Santos, and Ms. Melendez. I'm going to make a very brief presentation. Edward Martos, offices at 2525 Ponce de Leon Boulevard. This is about four stories; that's what we're talking about here. At first reading, you suggested going to T6-24, with no bonuses. Your staff and my clients are asking T6-12 to be very -- with bonuses. So to be very clear, T6-12 gives you 20 stories. What does that mean? We're talking about four stories here; that's the level of compromise. I don't know if it's legal. I can't say that it's legal, but we'll do it. We will shut up, we will go home if we can stick to T6-12, with bonuses, which provides a benefit to the community. It provides a benefit to the City. I need to point out that feet -- the number of feet that a building -- in terms of height, number of feet is important, okay? The Emerald right now as -- a lot has been made of the fact that they're taller than 20 stories. Yes, they're taller than 20 stories. Those stories were created under the old Zoning Code. And under the old Zoning Code, height restrictions in terms of feet were very different. That building, the -- my client's building, the Emerald, is at 290 feet at the roofline. There is an additional portion that goes up, which is the elevator shaft, essentially; you know, the equipment. But it's at 290 feet. If you grant T6-12, which allows 20 stories, the applicant will go up to 290 feet; the same exact height. They could also build additional if -- for equipment and the like. Their parapets can go above that, as well. So what we're asking for is a compromise that gives them exactly what we have. And if that's not compatible with the neighborhood and compatible with the way development should be, I don't know what is. Now, at the heart of this, and the reason why you have a petition with over 700 signatures -- 790 signatures at last count -- the reason you got that petition -- and you saw the outcry from all the neighbors that you saw here is because it's apparent to everyone that this is an over -correction. I don't know if there's an error or not. You staff believes that there's an error. And the solution that they're giving you is: Give them T6-12. They could say, "Give T6-8-O,"which allows office, but they're going a step further, okay? We'll live with that. Again, we will live with that. When you go to T6-24, you're just giving them a gift, and that's why all these people came out between first reading and second reading; they all showed up for that very reason. One of the public speakers, Ms. Tomaccio, mentioned the idea of burden. Whose burden is it to prove that there was some error? The applicant has been at this since 2014, and they've not produced that -- they haven't met that burden yet. They haven't been able to produce dispositive evidence that the City Commission in 2009 intended this site to be T6-48. That's very important, because if there's no dispositive evidence, what you're doing as a quasi-judicial entity has no basis in the facts. Your competent staff is the only person or group of people to have spoken to that issue or to have spoken to the issue of development rights, or to have spoken to the idea that they have lost something. Commissioner Hardemon, you were very City of Miami Page 279 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 concerned at first reading with respect to a taking. A taking is about what you expected to have, what you expected to build, and the government coming along and saying, "No, you can't build that. " Well, the reason we brought up the covenant -- right? -- and you'll remember the covenant you had multiple hearings about -- the Declaration of Condo is because it shows you where the mindset and the investment -back expectation of this property owner was. That's where they were at. So I submit to you there's no taking, because your staff tells you. I submit to you that, as a matter of law, there's no taking. And I submit that if there's no taking, there's no harm, there's no injustice. What you have instead is an applicant who has a small lot, who doesn't meet the minimum 40,000 square feet or 200 linear feet, and is trying to find a work -around; that's what they're doing. If there's -- I'm wrapping up now. This -- on second reading, the resolution before you -- rather the ordinance before you -- includes a provision to waive the cool -off period, which is something that Mr. Cruz brought up in his public comments, that's 18 months between each application. That provision of the Code, 7.128(g) 7, says that you can only waive that if there is some injustice. I submit to you there's no injustice here. What we have is competent and substantial evidence saying they got more rights than they had before, and a situation where the public record shows you, between the covenant and the Declaration of Condo that their expectation was never to do office; it was always to build residential. With that, I -- just for housekeeping, my associate, Alex, will be submitting a copy of the letter that you all received. Just so that it's clear on the record, that letter was also submitted to the Clerk and to the -- to Ms. Tapanes, the attorney on the other side. I'm available for any questions you may have. Thank you very much. Chair Russell: Thank you very much. Ms. Tapanes, would you like rebuttal? Ms. Tapanes Llahues: Very briefly. I think I've said everything I need to say. The City Commission has the inherent police power and the right expressed in Sections 2.252 to take corrective action under Miami 21, the legislation before you. We worked with the City Attorney's Office. It has been accepted and approved. We ask for your approval. Thank you. Chair Russell: Thank you very much. I apologize that things get out of hand and sometimes get ugly. I think we've been guilty on this dais of throwing accusations around, and residents are now doing it back at us. I don't condone it. I don't believe that the law firm of Bercow has acted in any way inappropriate. If there was a double donation, I'm sure it was an error and will be fixed. It doesn't make any sense -- Commissioner Reyes: I'm going to address that. Double -- Chair Russell: -- and -- Commissioner Reyes: No, no, no. Hold on a second. Double donation was when I was running for this seat and -- Chair Russell: I wasn't asking to put you on the defensive, and I apologize. I'm actually saying that I'm sure there is an explanation. And if it is a mistake, it'll be corrected. There's no reason that they would give an extra thousand dollars in violation to try to get your vote. It doesn't make any sense. What we have to wonder is, why are our residents reaching for these conclusions? They are looking for an explanation in their own hearts and minds of why we're coming to this conclusion that can be characterized as a gift, above and beyond what they're entitled to, above and beyond what is correct in successional zoning. Why, if what they should get is T6-8 and T6-12 is appropriate, why are we going up to T6-24? And so, they're drawing their own conclusions. And I will -- I mean, certainly stand City of Miami Page 280 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 by you and the idea that there is no impropriety here. But I do ask as your fellow Commissioner that we look at this from the perspective of the City, from our job as Commissioners up here, not to take these comments personally of one or two people, because I did hear you say, "I wish I had gone for 48 instead of 24, " when the first lady made an accusation to you. And I want to ask for us to take ourselves out of the emotional response and remember our quasi-judicial responsibility up here as Commissioners. The difference between T6-12, with bonus up to 20 and T6-24, with a covenant is twofold. If we hold them to T6-12, and they bonus up to 20, which, of course, they will do, by the square footage they would need, they would yield almost three quarters of a million dollars into our Affordable Housing Trust Fund, our parks and green space, our infrastructure. That additional eight stories could yield that to the City in terms of bonusing [sic]. Yet, at T6-24, with a cap, they get an additional four stories, it's true, but we're setting a bad precedent for that entire block. I'll show you a picture here in case some of you haven't visited it recently. This is Brickell Bay Drive. I don't know if you can see that. It's kind of hard to see. But you can see how it's a low -scale horseshoe compared to the surrounding high-rises around it. This is practically -- a comparison would be almost a single-family neighborhood where we are injecting a much higher zoning, and how that affects a single-family neighborhood. This isn't a single-family neighborhood, but by whatever magic during the Miami 21 conversion, they survived a massive change, and it's a very special area. What happens here is the domino that sets development in motion. And if we grant T6-24 with a covenant here, the dominos that come to follow don't have to adhere to the covenant. They can apply for T6-24 right off the bat, right down the line, and that entire area will be changed; an area we're investing in for resilience; an area we're investing in for a linear park. We're trying to improve the quality of life in this area. I really ask my fellow Commissioners to trust me on this one; that this is not just a few entitled residents. I was very glad that nobody got up and said, "I pay taxes. Don't take away my view. " Nobody said that. Everybody here has been educated on -- gotten themselves educated on the zoning, and recognize what we're doing is above and beyond what we should, and I agree with them. I agree with the residents in this case. And so, it is my hope that the will of this Commission will be here to grant T6-12-0, with bonuses. That'll get them nearly what they're asking for, without creating a negative precedent, without damaging the quality of life of the area, and I do believe it's a fair compromise. But it's up to the will of this Commission, and I'll leave it at that. We're on second reading, and I think that you'll recognize doing it this way is best for the City, not only from a financial perspective, but from a development perspective, and the precedent it sets. Commissioner Reyes: Mr. Chairman? Chair Russell: Commissioner Reyes. Commissioner Reyes: After all those accusations and all of that, let me tell you something that I have in front of me. I've been called to stick to the recommendation. You see, Planning Department, you recommended that we should go on one step at a time in order to grant what they wanted -- remember that? -- that you're going to -- you recommended that there was an increase in zoning, and then they could go and request the next increase in zoning, and that would -- will take them to what? Francisco Garcia (Director, Planning): So the steps would be first to go to T6-12, and subsequently to T6-24. Commissioner Reyes: That was what you recommended. You recommended that there would be steps and they would go -- they could go to T6-48, right? And as a matter of fact, they said, "Use the recommendation here." It says, "Planning and City of Miami Page 281 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Zoning Appeals Board, " on May 1, 2019, recommended T6 -24-B-0 [sic], with a limitation against the property using (UNINTELLIGIBLE) bonus height and (UNINTELLIGIBLE), blah, blah, blah, blah, and the property to be built beyond 24 stories. Okay. It was recommended by a vote of 6 to 3. It's not something that I got out of the hat. I was not in agreement. I did not agree since day one that they should go to 40 or 30 stories; that they should go -- I mean, maintain it at the same level of that building next to them, and that was -- my purpose was that, and avoid any, any possibility on going on T6-48, and they could build up to 48. That was -- they were -- that was the intention; to go build 48 stories. And in order to do that, I looked for a compromise in order to avoid that, and a good deed -- now I am accused of many things, you see. I am accused of many things, trying to benefit the neighbors in a way that I thought at the time that I was doing a good deed. And when I said, "I should have stayed and go to T48," you see, I meant it, because when you are accused the way that Commissioner Carollo and myself, we were accused, and trying to discredit us, you see, you feel like -- you said, "okay." You see, you don't care. You don't care. You see, I am -- I'm just saying this, and I still think and I thought that the compromise was good, and precludes any increase in zoning to T48 or build -- any building that would be higher than 24 stories. That's it. Okay. Chair Russell: Thank you very much. Is there a motion? If not, I'll pass the gavel and make a motion myself to grant T6-12-0. Vice Chair Gort: There's a motion. Is there a second? Chair Russell: He's asking if there's a second. They couldn't hear you. Vice Chair Gort: Sorry. There's a motion. Is there a second? Chair Russell: Hold on. We have one more Commissioner coming back who may be a second. Well, that didn't help. Vice Chair Gort: All right. Chair Russell: This is -- Vice Chair Gort: Dies for the lack of motion -- second. Commissioner Carollo: He's on the phone with Ultra. Chair Russell: All right. Then we need to come to a conclusion here if we want to - - I'll refrain from editorial. I think we're making a mistake here. I think we're doing a giveaway where it's not justified and I don't believe we have the wherewithal to do it, and it should not be done emotionally. I think we're doing the wrong thing here from a zoning perspective. We're skipping T6-12. We're going from T6-8 to T6-24, and it's not the way we're supposed to do things. We're not restoring their rights. We're giving them more than what they had before, and without reason. We're setting a precedent that's going to damage a neighborhood in my district for residents in my district that, as you can see, fight very passionately, and often beyond the passion that they should have, but that's how they feel. It's our job not to be emotionally responsive in our quasi-judicial votes. So if there's no will for T6-12-0, where are we? Is there a motion? For lack of motion, where do we go, Mr. Clerk? Mr. Hannon: Well, the options are to defer, continue, withdraw. City of Miami Page 282 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: If there's unreadiness on this item, is there a willingness to defer this item for further deliberation, investigation? We can take it back up in September with cooler heads, as well. I know there's a lot of heat going on here. Ms. Mendez: So there is also the way that it's drafted, so that is not -- no one -- the way that it's drafted now, that was not your motion. Yours was T6 -- you -- Chair Russell: My motion was for T6-12. Ms. Mendez: Okay. Chair Russell: It did not get a second. However, there is no readiness yet to make a further motion, unless Commissioner Hardemon is back to second T6-12-0, which would be a very appropriate vote for this pro -- Commissioner Hardemon: Who moved it last time? Chair Russell: I moved. Commissioner Hardemon: No, no, not this time; last time. Commissioner Reyes: I did. Commissioner Hardemon: You did? And what was your motion last time? Commissioner Reyes: I mean, to grant a 20 -- T24 -- I mean 24 -- Commissioner Hardemon: And 48? Commissioner Reyes: -- stories with not a single -- with a covenant that they could not do anything else. And I still think that's a good -- that was a good compromise. Commissioner Hardemon: Who seconded that last time? Commissioner Reyes: Mr. Carollo. Chair Russell: There's -- and Commissioner Hardemon, you were off the dais the moment I did the calculation. Commissioner Reyes: But we've been accused of so many things; that's my opinion. Chair Russell: At T6-12-0, plus bonus, the City makes 700 and -- over -- almost $740,000 in bonuses. It goes to the Affordable Housing Trust Fund and green space, and infrastructure. Commissioner Hardemon: How many stories can you actually build? Commissioner Carollo: Do we have a vote -- do we have a motion on the floor? Chair Russell: We don't. Commissioner Carollo: No, we don't. Commissioner Hardemon: How many stories can they build? Commissioner Carollo: Okay. City of Miami Page 283 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: So with T6-12-0, they can build 20 stories. Commissioner Hardemon: No, no, no. How many can you actually build on that site? Chair Russell: Oh, physically. Commissioner Hardemon: Right. Chair Russell: I would defer to the Planning Department with regard to the limitations on that floorplate and setback. Commissioner Carollo: I'm going to make -- Chair Russell: Just a moment, Commissioner. Commissioner Carollo: --the same motion that I seconded the last time. Chair Russell: All right. There's been a -- Ms. Mendez: The same one the last time then was -- Chair Russell: T6-24. Ms. Mendez: -- T6 -24-B-0. Chair Russell: Yeah. Ms. Mendez: I just wanted to -- if that is your motion, I just wanted to bring to the record -- I mean to the -- to your attention -- and I don't know if Ms. Tapanes is winning -- willing to proffer any covenant that limits the -- it's all ready? Ms. Tapanes Llahues: Yes. Chair Russell: It's in there. Commissioner Carollo: It was already proffered. Ms. Tapanes Llahues: The covenant has been proffered and accept -- and approved by the office. Vice Chair Gort: (UNINTELLIGIBLE) by them. Ms. Mendez: Okay. Perfect. Chair Russell: Thank you. There's -- Ms. Mendez: And the only other thing -- I'm sorry -- that I needed to just clarify is, are you also abiding for the T6 -24 -B -O for the FLR, the height and the workforce? Ms. Tapanes Llahues: So -- Ms. Mendez: Because I don't -- Commissioner Reyes: Yes. Ms. Mendez: -- I think it was a little silent as to that, so I just wanted to -- City of Miami Page 284 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: I'm sorry; say that again. What was your question? Ms. Tapanes Llahues: -- to be very clear -- Chair Russell: What was the question? I'm sorry. Ms. Mendez: The -- so T6 -24-B-0 is the one that has certain workforce housing, as well, so -- Commissioner Reyes: Yes. Ms. Mendez: -- I just wanted to ask the applicant if they were abiding by that. If you're making a motion for the T6 -24-B-0, I just wanted to make sure that that was something that we discuss now, because I didn't want it to be a surprise later. Ms. Tapanes Llahues: So to be clear, we've accepted and proffered a covenant to T6 -24-B-0, with no -- and the developer/property owner relinquishes its right to abide by -- or to secure height bonuses. The workforce housing, affordable housing, is if, in fact, you do utilize bonuses. Chair Russell: We're speaking past each other -- Ms. Tapanes Llahues: So -- Chair Russell: -- and I'd like some clarification from the Planning Department. I believe the City Attorney is referring to T6-24-8. Ms. Mendez: Mm-hmm. Chair Russell: Francisco, could you clarify what is required under T6 -24-B-0 with regard to workforce housing? Mr. Garcia: Correct. And I think I'm going to essentially repeat what Ms. Tapanes has stated, which is that as part of their covenant, although the covenant is geared to obtain a zoning designation of T6 -24-B-0, by limiting themselves to 24 stories, which is the by -right height, they are basically foregoing having to obtain any additional height through the bonus program; therefore, that would not apply. So their calculus is -- Ms. Tapanes Llahues: Yes, yes. Mr. Garcia: -- or what they're proffering is, should they be successful in obtaining T6 -24-B-0, they would limit any development to 24 stories, maximum, all of that would be by right. They would not be participating in the bonus program. Chair Russell: I believe we're speaking past each other, and I apologize if I wasn't clear. Ms. Tapanes Llahues: So if I may just add one thing to that, so -- Chair Russell: Now -- just a moment, because I think we're speaking past each other, and we're not being clear. What I believe the City Attorney was referring to was inclusionary zoning, workforce housing requirements within T6-24-8. Mr. Garcia: Correct. And they are foregoing that participation, because they are seeking to simply obtain the FLR, the development capacity that is by right; not the additional development capacity. City of Miami Page 285 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Tapanes Llahues: So I need to clear the record. So the -- what was approved at first reading was T6 -24-B-0, with acceptance of a proffered covenant. That covenant limits us to 24 stories, and we are not able to secure any height bonuses. If we do secure FLR bonuses, we will participate in the workforce affordable housing, and that is what the covenantprovides that was approved by your office -- Chair Russell: Got it. Ms. Tapanes Llahues: -- and the Planning Department. Chair Russell: Got it. And my point to Commissioner Hardemon earlier was, under T6-12-0, with bonus, the City will receive all of the affordable housing benefit. They will get all of what they want, except for four stories. So I believe the play here is not really for what's going on, on this property, but really for the future to come on this entire neighborhood, and that's why I want to set the precedent correctly here for what we expect to see in future development on this drive, which should be T6-12-0, with bonus -- Ms. Tapanes Llahues: So -- Chair Russell: -- so we're getting the right benefits. Ms. Tapanes Llahues: -- through the Chair. 5.61(g) and (h), they provide different setbacks for transects under T6 -24-B-0. This is not about a play. This is simply about the setback regulations as applied to this property would be a regulatory -- Chair Russell: Thank you. Ms. Tapanes Llahues: --taking. Chair Russell: Which leads me back to Commissioner Hardemon's question. What can be physically built on this lot with this zoning designation? Mr. Garcia: With T6 -24 -B -O? Chair Russell: Yes. With no other assemblage -- Mr. Garcia: Right. Chair Russell: -- based on the size of this lot and the setback requirements, what could they build? Mr. Garcia: Well, the simplest answer is a building that is 24 stories tall. Right? And then the next component of that answer that I think is meaningful, on a stand- alone basis -- meaning without aggregating this land to any other abutting property -- that would result in a tower component past the eighth story, with a floorplate of approximately 6,300 square feet. And again, that, on a stand -along basis, quite frankly, doesn't make economic sense. Chair Russell: It's a very narrow tower. Mr. Garcia: It is a very limited floorplate, especially to go up that height. Chair Russell: Right. But my question to my fellow Commissioners is, why -- we fight so hard for the bonus funding within --I mean, nobody comes to Miami to just buy land and build to make money. People come here to buy land, up -zone it to make money, and then build or flip. That's really the way things work here. So they City of Miami Page 286 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 can't do what they want to do based on the zoning that they have. They're seeking higher zoning; that's where it comes to us. We always fight, either for residents and their quality of life, or for the benefit of the City for the financial side of things. Every time a developer comes here seeking things, we seek a voluntary proffer to get the maximum for the City. In this case, we're giving away the quality of life side of things for the residents, and we're giving away the money to the developer that we would otherwise gain in the bonusing [sic]; almost three quarters of a million dollars. I just un -- I don't understand why we're doing that. Commissioner Hardemon: I -- so I understand where you're coming from now. And without knowing necessarily exactly what they can build, even with the T6-12, like what they could actually build was -- what makes sense, what moved me last time was that I saw this as a taking. And so, the way that I see it is that we're asking them to give us something for something that we already took from them. Ms. Tapanes Llahues: Correct. Commissioner Reyes: Correct. Ms. Tapanes Llahues: Thankyou. Commissioner Hardemon: You know, and that was my basic point. Ms. Tapanes Llahues: Thank you. Commissioner Reyes: That was your point, Commissioner. Ms. Tapanes Llahues: Thank you. Commissioner Reyes: That was your point. Commissioner Hardemon: Right. Chair Russell: And do you still feel that way? Do you still feel that there's been a taking that we're only restoring if we give them up to T6-247 Because I think we're going way above and beyond. Commissioner Reyes: No. Ms. Tapanes Llahues: We -- that's not -- Commissioner Hardemon: But it was what Commissioner Reyes said earlier on the dais, and what was presented before is that it appeared to me that they had a right for 48 stories; then that was greatly reduced. And so, here we are trying to find some sort of compromise. I think everybody's trying to find a compromise. What that compromise is, is a completely different story, but a compromise, nonetheless. And it's interesting. I mean, one of the first things I think anybody learns in law school, you know, you learn about air rights and, you know, people want to fight for their view. But you don't have a right to a view when someone owns the property adjacent to you, and they can build to a certain story. Chair Russell: Yeah. Commissioner Hardemon: I mean, that's just -- that is what it is. But -- Mr. Martos: We don't -- we're not fighting to -- City of Miami Page 287 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Just a moment, please. Director Garcia, what Commissioner Hardemon -- Commissioner Reyes: There is a -- Chair Russell: This is great. Commissioner Reyes: There is a motion and -- Chair Russell: -- this is great, but there hasn't been a second yet. Commissioner Reyes: I was going to second. Chair Russell: We're having discussion, and we'll get there. So you want to second it? Commissioner Reyes: Yeah, I'll second it. Chair Russell: Okay. There's been a motion and a second. We're still in discussion. Director Garcia, what Commissioner Hardemon is saying is actually very key to the decision we make up here. Is this a restoration of rights to 48? Did they -- were they entitled in some way to 48; that 24 is the compromise? Because I think our understanding of that reality is what's going to help us make a healthy decision. Can you help us with that? Mr. Garcia: I think I can. And I am going to use essentially the same format that was used by Ms. Tapanes in her presentation, and I'm going to suggest that a reasonable way to establish that apples -to -apples comparison is to take the four key components of development of rights for any given property; those being height, the use regime -- what land uses can you have on the property? So height, uses, density, and floor area; the easiest ones first. In terms of height -- that's probably the simplest one to tackle -- it used to be under the "0" zoning designation. And I'll say parenthetically, because this helps, and it helps build the record, that we agree -- I think everyone agrees that there certainly has been an error, possibly two errors. I'll list them, so they're clear on the record for further reference. One, that at some point in, it seems the City, in error, published the zoning designation for this property as R4, under Zoning Ordinance 11000; although, it was always "0." This Commission or present Commissioners never took action to change that zoning designation from "0" to R4. Therefore, "0" is the correct base point to measure the development capacity from, point one. Point two, in changing from Zoning Ordinance 11000 to Miami 21, the land use for the property remained restricted commercial; today, it is restricted commercial. And restricted commercial as a land use designation does not go well with -- let's just say -- the T6 -8-R; "R, " being restricted, allowing mostly residential uses. There's an incompatibility there that we should correct. So those are the two errors that I'm flagging for the record. Now, how do we restore the property rights that were enjoyed under 11000 with the "0" zoning designation? So height: "0" zoning designation, Ms. Tapanes correctly asserts, sets forth an unlimited height, except that that unlimited height was curtailed by a height cap as measured from the baseline, which yielded at the baseline 120 feet, and then it angled up all the way to 300 feet. She referenced 300 feet; she's correct. That would be the height, maximum height obtained at the very end of the site. And the base building line, that would be 120, which would result in a very odd building that could not be built if that was the height limit under 11000. Presently, for apples to apples, 120 feet to 300 feet, presently under -- for your comparison sake -- T6-12-0 would yield 166 -- my apologies -- T6-12-0 would yield -- yes, 166 -- no, I take that back; my apologies. That would be 20 stories. Can someone do the quick math? 20 stories times 14 feet. I thought I had it handy; City of Miami Page 288 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 my apologies. 291 and -- I had this written down. Yes, here it is. 291 and T6-24 would yield in excess of that, so well beyond the 300 feet that was the baseline, or the maximum baseline for "0." That would be 347 feet. Right? So, "0," 300 maximum, 120 to 300; T6-12-0, 291 feet. Ms. Tapanes Llahues: That's not -- Chair Russell: Of the 120 to 300, how many floors are we talking about there? Mr. Garcia: Sorry? Chair Russell: How many floors are we talking about in the original version? Because that's what we're trying to get to the heart of. Mr. Garcia: We need -- Vice Chair Gort: (UNINTELLIGIBLE). Mr. Garcia: -- it's difficult, because -- and I don't mean to get too much into the weeds, but in a hypothetical building, at the bottom, at the sort of tail end of the site, you could get up to 30 stories at 300 feet, but that last story would be, you know, a 20 -square -foot story, so it's unfeasible. So let me just say by way of comparison, 120 feet to 300 feet in an inclined plane that goes through all the property. Right? And I'll leave it at that, because that -- those are facts. So 120 to 300 -- that was the 11000 reference point -- to 291 feet, Miami 21, with T6-12-0. And beyond that -- I had the other number available -- Chair Russell: So my -- Mr. Garcia: -- 347 and T6-24. Chair Russell: -- question then is, in the spirit of what Commissioner Hardemon stated, under 11000, and in the transition to Miami 21, should they have been able to achieve 48 stories? No? Mr. Garcia: I don't think that was ever intended, no -- Chair Russell: So -- Mr. Garcia: -- not if we take it as a comparison, what they were entitled to have under "0. " Chair Russell: -- what would have been the maximum number of physically buildable stories -- not a 20 foot floorplate story -- could they have had? Because that's really the essence of a taking if we're giving them less than that. Mr. Garcia: I understand that. Ms. Tapanes Llahues: Through the Chair -- Mr. Garcia: (UNINTELLIGIBLE) if I may. Ms. Tapanes Llahues: -- the 2015 recommendation -- Mr. Garcia: If I may? Ms. Tapanes Llahues: -- stands for itself. City of Miami Page 289 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Just a moment, please. Mr. Garcia: If I may? Yes, the recommendation certainly is on the record, but to address that question fairly, that is to some extent a matter of speculation. Right? But what I can tell you, without question, is that with T6-12-0, allowing up to 20 stories and a height of 191 feet, those rights are absolutely restored; no question of that. I think that's a reasonable statement to make, briefly, because the rest are to some extent easier; that's height rights restored under T6-12-0. Uses: Under "Office," they had full office uses; to some extent, restrictions on commercial uses; full residential uses and lodging uses. Those are restored under T6-12-0. And in addition to that, they get a much more liberal regime in terms of commercial uses. So uses in our book text are subject to rebuttal, as appropriate. Density doesn't change. They had 500 units per acre under 11000. They have 500 units per acre today; no change, whatsoever. Last -- and that's a point that Ms. Tapanes made in her presentation --under 11000 --with a different formula, I grant you, but I'll try to compare the two -- under a different formula, they had 40,729 square feet, full development capacity. Right? But that was net --rather, that was net floor area, which means that in addition to that, you could have garage space, common areas, et cetera, and those would not count against you. So that's one, the method of calculation under 11000. Under Miami 21, the formula yields gross floor area, which is all inclusive. And under Miami 21, you get, with T6-12-0, full bonuses, 166,161, so that's 40,000 to 166,000; or 40, 000 to 357, 000, under T6-24. That's the big delta. Now, not apples to apples, because 40 -- roughly 40, 41,000 square feet is net lot area -- net floor area -- and 357 is gross floor area. But the multiplier is almost 9 for T6-24 and almost 4 for T6-12, which more than accounts for any conversion you would do from net floor area to gross floor area. In other words, you compensate for the extra amount of space you need for parking, common areas, et cetera, by giving them more gross floor area. Conclusion: T6-12-0, fully, unequivocally restores their development capacity under "0" in 11000, and anything beyond that is additional development capacity on top of what they enjoyed previously. Chair Russell: Thank you for -- Ms. Tapanes Llahues: (UNINTELLIGIBLE). Mr. Garcia: That's my statement for the record. Chair Russell: -- simplifying that. So all -- Commissioner Hardemon: Francisco -- Ms. Tapanes Llahues: Through the Chair, I have a question for Mr. Garcia. Commissioner Reyes: Do you have any translation? Commissioner Carollo: Sorry, Francisco -- Chair Russell: Just a moment. Commissioner Carollo: -- could you repeat that again? Chair Russell: So all you need to remember from that entire education was the last sentence: That T6-12-0 restores them fully. You heard it from our Director. Ms. Tapanes Llahues: Through the Chair, I would -- City of Miami Page 290 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Just a moment, please. My question to you in order to protect our decision today -- because if you vote to give T6-24, it cannot be arbitrary and capricious. It cannot be punitive because somebody made accusations. It has to be with reason. I want to understand from our Commission why we would give this additional capacity, without the benefit to the City toward our Affordable Housing Trust Fund, toward our green space, toward our infrastructure; why we would go that far. T6-12-0 is a really good -- not -- it's not even a compromise. It makes them whole, and then they can bonus up to 20 stories, and it works for the City, it works for the neighbors, it works for the developer. Ms. Tapanes Llahues: Through the Chair. Chair Russell: Yes. Ms. Tapanes Llahues: Question for Mr. Garcia through the Chair. Section 5.61(g) and (h) of Miami 21 provides different setbacks for T6-24 and above and thereunder. The impact of T6-12-0 renders the property unbuildable above the eighth story. That is the taking, that is a regulatory taking, and that is the one thing to remember from Mr. Garcia's statement, is what he did not include, which is setback regulations, as applied to this property. Chair Russell: Thank you for clarifying. Ms. Tapanes Llahues: That is part of the expert witness testimony from Revuelta Architect, and it's part of the record. Chair Russell: Thank you. Director? Mr. Garcia: There is some truth in that; it is curable through variances. But the setback regime under Miami 21 is stricter than it was under 11000. That said, what Ms. Tapanes is likely not taking into consideration is that under "0" zoning designation, really, the practical height was 120 feet; not really the 300 feet that she alluded to earlier. That, too, should be taken into consideration, because that setback is a vertical plane restriction that is significant, too. Chair Russell: Right. So -- but the variance process would make them whole. Mr. Garcia: I believe it should, and given the narrowness -- Chair Russell: Yeah. Mr. Garcia: -- of the site, it certainly would have a hardship they could argue. Mr. Martos: Excuse me, Chair, if I may? Chair Russell: Yes. Mr. Martos: What Francisco is saying -- and Francisco, correct me if I'm wrong -- is that under 11000, for every foot of extra height, you have to give an extra foot of setback in the front. What that means, Commissioner Hardemon -- I know you're concerned about taking -- is that back at 11000, they could never go practically much higher than 120 feet, 12 stories, because every foot that they went higher was afar -- setback that they had to push farther away from the road. Commissioner Hardemon: Well, with T6-12, can they go higher than 12 stories now? City of Miami Page 291 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Martos: Yes. Mr. Garcia: 20 stories. Mr. Martos: They could go up to 20 stories, right. Commissioner Hardemon: No; theoretically. But what was said -- Mr. Martos: No; physically. Commissioner Hardemon: -- on the record was that, because of the T6-12 setbacks, they could only build up to eight. Is that correct? Mr. Martos: I don't think that's right, no. Under T6-12, I don't think that's right. That's a point of disagreement. But -- Ms. Tapanes Llahues: Through the Chair, there's evidence in the record that provides that "R" -- any floorplate above the eighth floor renders this building unbuildable above the eighth story; that is the regulatory taking before you. Chair Russell: Director? Mr. Garcia: And again -- Commissioner Hardemon: You said a 20 foot goes to -- how many square feet that Mr. Garcia: T6 -- it would result in -- Commissioner Hardemon: --on the 20th floor, you said how many square footage is the last floor? 20 feet? Chair Russell: On the 48. Mr. Garcia: And I think I'm providing a quantification to Ms. Tapanes's argument. I said on the record previously, and I'll repeat for clarity sake that the floorplates beyond the eighth story, so from the ninth story up would presently be restricted to 6,300 square feet. But again, whether under 11000, with the "O" designation; or under Miami 21, with T6-12 or T6-24, any building beyond eight -- which is why probably the building was at five or six stories -- the Babylon Building was -- any development beyond the eighth story is simply impractical; it was then, it is now, and the -- again, variances are available as a cure, but we're really comparing eight stories, full buildout as opposed to the 12 they may have had under "O," office. That doesn't change whether you give T6-12 or T6-24. That remains the same. Chair Russell: Thank you. All right. Well, I don't know if we're any further along in our full understanding of what this is granting and what this accusation of a taking is, but I think it's pretty clear. I think it's pretty clear, and I believe the residents are pretty clear, I believe the Zoning Department's pretty clear, I believe Legal's been pretty clear. No one on this dais has given a proper reason of why we would go beyond, of why we would give more than what makes them whole, and why we would forego the funding to the City for that extra four stories. So can anyone help me here before we vote on this to dispel the myths of the residents that there's some other power at play here on why we're making our decisions? Because we need to not be arbitrary and capricious. We need to have a reason -- City of Miami Page 292 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Hardemon: I think I have a -- Chair Russell: -- of why we do what we do. Commissioner Hardemon: --I think I've put on the record why I believe it. Chair Russell: You still believe that -- Commissioner Hardemon: Right. Chair Russell: -- it should have had 48 and -- Commissioner Hardemon: No. What I'm saying -- what I'm describing on the record -- and I've said it; our Director, just after Ms. Tapanes stated it, he said there's truth to that -- about the buildability, if you will, if that's a word -- Mr. Martos: Yeah. Commissioner Hardemon: -- the buildable square footage above the eighth floor on a T6-12 property. Chair Russell: But could be cured through variance. They could get their full building capacity. Commissioner Hardemon: You think we're going to get a variance -- Ms. Tapanes Llahues: Yeah. Commissioner Hardemon: -- in here? Ms. Tapanes Llahues: Thank you. Chair Russell: I think you will -- I think these residents have all expressed their willing to help them get to 20 stories through T6-12-0. This is the compromise they're seeking. It's T6-12-0, with bonus. Mr. Martos: Through the Chair? Chair Russell: Yes. Mr. Martos: Under 11000, there was a cap on your height based on the size of your lot. If you weren't 20,000 square feet in size, you'd never go up above seven stories. You'd never get over your seventh floor. And this site is 15,000 square feet. It's -- Chair Russell: It's so tiny. Mr. Martos: -- approximately. Right? So even the suggestion that they've lost something that they had is bogus at -- Commissioner Hardemon: So what do you think they're going to build? Like, it still is the same square footage. What can they build that you're afraid of them to build? Mr. Martos: I'm afraid of them building under T6-24 something much larger -- okay? -- dramatically larger than what they can build today. What I'm saying with that 20,000 -- City of Miami Page 293 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Hardemon: So dramatically larger than eight floors? Mr. Martos: Say again. Commissioner Hardemon: You're afraid of them building dramatically larger than eight floors, but you're telling us that you're willing to let them go as -- Mr. Martos: Let me -- Commissioner Hardemon: -- up to 20 floors. Mr. Martos: -- tell you where I'm -- that's exactly what I was going to get at. As a compromise position --because you mentioned views. We don't think this is about views. Okay? This is about quality of life. Okay? We're not arguing views. We're arguing Code. Okay? And our compromise on the record gives them the same height that we have, because in terms of quality of life, in terms of good neighbors, why should we deny them that? We got it. Chair Russell: When you're saying, "we, " who are you referring to? Mr. Martos: The Bab -- I'm sorry -- the Emerald. Chair Russell: So what's -- Ms. Tapanes Llahues: To correct the record, the floorplate -- Mr. Garcia said 6,000 square feet. It's really 1,000 square feet above the eighth floor; it's not 6,000 square feet. At best, we're looking at 4,700 square feet above the eighth floor; that is what's part of the record. Commissioner Hardemon: How tall is the Emerald Building? Ms. Tapanes Llahues: 27 stories. Mr. Martos: The Emerald Building is --one minute; I've got it written down here. Ms. Tapanes Llahues: 27 stories. Mr. Martos: Its 27 stories, which translates to 290 feet to the roofline -- Commissioner Hardemon: Right. Mr. Martos: And there's an additional -- it takes it up to 308 feet or so if you add the elevator shaft, you know, like the -- Commissioner Hardemon: And the -- Chair Russell: And then the old version of how high a story could be. Commissioner Hardemon: -- and what -- Mr. Martos: Exactly. And it's a bigger site. Commissioner Hardemon: -- Ms. Tapanes was saying, with the 6,000 square feet, we're not counting 6, 000 square feet up. It's basically the -- it's horizontal. Right? So you're probably doing one extra floor or something? City of Miami Page 294 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Ms. Tapanes Llahues: What we're looking for is land development regulations that allow us to go above the eighth floor; that is the T6 -24-B-0, and we respectfully request your approval. Ms. Mendez: And that would be with the proffered covenant. Ms. Tapanes Llahues: With the proffered covenant. Ms. Mendez: And you describe no more than 24 -- Ms. Tapanes Llahues: Stories. Ms. Mendez: --stories. Ms. Tapanes Llahues: Or height bonuses. That's been proffered, accepted by the Planning Department, and your office, Madam City Attorney. Mr. Martos: Commissioner, if I may approach, Commissioner Hardemon? This is the exhibit that someone in the public spoke about, and she happens to be my client, as well, Ms. Santos. This exhibit -- she's a registered architect. She prepared this. And this is (UNINTELLIGIBLE) analysis, if I may approach. Ms. Tapanes Llahues: Mr. Martos, that exhibit is incorrect. It is incorrect under 11000 and both Miami 21. Mr. Martos: Okay. Ms. Tapanes Llahues: The record mentioned that -- Mr. Martos: And I'm not conceding that. I'm not conceding that. We had an architect present it and she has credentials. Ms. Tapanes Llahues: I'd like to see her credentials, and I'd like to see if it's signed and sealed -- Mr. Martos: I'm happy to produce it. Ms. Tapanes Llahues: -- because it is wrong. Mr. Martos: Happy to produce it. Ms. Tapanes Llahues: It is wrong. Ms. Mendez: Are you using this as a demonstrative aid or as evidence? Mr. Martos: We -- Ms. Mendez: Because if it's evidence of some sort, Ms. Tapanes can ask questions and qualify the -- Mr. Martos: She may, I agree. She may. We did submit this into the record during the public comment -- or Ms. Santos went ahead and did it. So this -- we just borrowed it back from the Clerk, but we're turning it over to them now. Commissioner Carollo: Mr. Chairman? Chair Russell: Yes, Commissioner. City of Miami Page 295 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: You could whip this all you want, but whatever votes are going to be ' for" or "against, " they're going to be the same ones. Chair Russell: Maybe. Ms. Tapanes Llahues: That's wrong. Commissioner Carollo: But I'd like to call the question -- Ms. Tapanes Llahues: Wait. You're putting something -- Commissioner Carollo: -- that we have onboard and -- Ms. Mendez: And I just wanted to clarify the -- with regard to the 18 -month transitional zoning, we have "whereases" [sic] to address that, with regard to the higher height than was allowed before. And also, we would address that this is corrective in nature, as well. Thank you. Chair Russell: So we're saying that going to 24 is corrective? Ms. Mendez: If the Commission, which would vote on this item, it has the "whereases" [sic] with regard to the transitional zoning, and that it's corrective in nature if it takes this vote. Chair Russell: However, though, if our Planning Director says that this is above and beyond corrective, why would the legislation say that it's corrective? Ms. Mendez: The 48 is definitely above and beyond. Chair Russell: Director Garcia said that T6-12-0 brings them on par, makes them whole. So T6 -24-B-0, even with a covenant, is still far above and beyond corrective. Ms. Tapanes Llahues: Mr. Garcia believed in 2015 and '16 that T6 -48-A-0 was corrective zoning. There is evidence -- substantial competent evidence in the record, as well as his -- Chair Russell: Thank you for bringing that up, because Commissioner Reyes also brought this up, and you didn't really respond. He said, "Did you mean that they should take steps to go from T6-8 to 12 to 24 to 48, or were you saying that's the process to get there?" What were you recommending? Mr. Garcia: I am saying that's the process to get there; that's the correct process to get there. I am also saying that if this Commission finds that T6-24 is the appropriate zoning for this site, there has to be a "whereas" clause that addresses it corrective, because that's the only way you can skip the order of succession. And to very briefly once again address Ms. Tapanes's point about my previous recommendation that the zoning designation for this site should be T6-48, as it once was, with the "0" attached to it, as well, that was based on the fact that Miami 21 sought to eradicate transitional zoning or oddities, such as the single property "0" designation that occurred under the previous zoning ordinance. That was an oddity, and if that oddity was going to be corrected by Miami 21, I found there was more reason to align this property with a T6-48 to the northwest than there was to align it to T6 -8-R to the southeast, for reasons I've already put on the record. What I found out subsequently is that there was a covenant, which I read into the record the previous time, proffered by the applicant once upon a time, about 20 years ago that set forth special conditions for this site; that in mind, that explains why "0" City of Miami Page 296 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 existed. And my revised position is that we are now engaged in trying to restore the rights that were afforded to this property under Zoning Ordinance 11000, under the zoning designation "0,"and that that corrective action should be to T6-12-0. Chair Russell: Yeah. So T6-24, as a corrective action, is some kind of Jedi mind trick, because we're now justifying our vote by calling it something that it isn't. We need to call it what it is if we're doing this. We're going to give them T6-24. It's an up -zoning; it's not corrective. And if we want to get there appropriately, they should go to T6-12 now; wait the appropriate time, and reapply for T6-24. Ms. Tapanes Llahues: The legislation provides that it's a corrective action based on a taking of regulatory and substantive due process. Chair Russell: And our very own Director is saying that it's not a taking; that beyond T6-12-0 is a gift. So this -- it blows my mind that we're taking this vote in this way in this neighborhood. Ms. Tapanes Llahues: The Commission speaks through the resolution. Chair Russell: All right. There's a motion, there's a second. I know Commissioner Carollo asked to call the question. I just want to make sure they're -- all discussion that's wanted is had. So is there any further -- anything else to discuss? Hearing none. Mr. Hannon: And then Chair, if Madam City Attorney -- title. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Wow. All right, let's hear it. Mr. Hannon: Would you like a roll call? Chair Russell: No, that's not necessary. All in favor of this item as proffered, say "aye. " Vice Chair Gort: Aye. Commissioner Carollo: Aye. Commissioner Reyes: Aye. Commissioner Hardemon: Aye. Chair Russell: All opposed? No. Motion passes. Ms. Tapanes Llahues: Thank you. Chair Russell: Thank you. City of Miami Page 297 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 PZ.10 ORDINANCE Second Reading 5693 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO REDUCE THE REQUIRED PARKING FOR RECREATIONAL FACILITIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. =1ill /_ClaIIT, l=1►111iill 01IT, 14=1:M191 -1 - MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: We have remaining before us 10, 11, and 13. PZ. 10, please; Zoning text for civic use parking. Victoria Mendez (City Attorney): Yes, this is. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there a motion on PZ.10? Ms. Mendez: I believe Commissioner Reyes just had some questions (UNINTELLIGIBLE). Commissioner Reyes: Yes. I have a question on it. This is the one that is going to - - that reduces the parking requirement for parks? Francisco Garcia (Director, Planning): Yes, sir. Commissioner Reyes: Is that smart? Mr. Garcia: It sets -- it changes the minimum. We can always, as the need arises for it, create more parking, but it allows us to, for smaller parks -- Commissioner Reyes: As I -- Mr. Garcia: -- devote more space for parks and less for parking. Commissioner Reyes: As -- but we are not taking anything out of the parking, you see. Take Morningside, for example. You have parking inside on -- are you going to reduce that parking, are you going to re -- eliminate it, or what are you going to do? Because I am very concerned about parking. I am very concerned. We have been so generous eliminating parking requirements that the streets are full of cars that don't belong there, because people park all over the streets, see. City of Miami Page 298 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Garcia: And so, what I want to point out is that, especially for the smaller neighborhood -oriented parks, there is -- we want to provide an incentive for people to walk to, bicycle to those parks. Commissioner Reyes: But -- Mr. Garcia: For the larger parks, certainly, the requirement that we're setting forth of one space per 5,000 square feet would be sufficient. Commissioner Reyes: Okay. You know something is wrong there. I'm too sleepy that I'm getting to understand you. But does -- is this tailor-made for the mini parks, the pocket parks? Mr. Garcia: It is intended for those, because the larger parks -- Commissioner Reyes: Well, why don't we make it specific for them and not for all the parks? Mr. Garcia: The larger parks, because of the larger area, at this rate, one per 5,000 square feet would be very much approximate to what you're used to seeing today in those parks. Commissioner Reyes: I don't know. Chair Russell: It's good, but I do have a question, though. We do have somewhere within our Code a designation of a passive park -- Commissioner Reyes: Yes. Chair Russell: -- if I'm not mistaken, and that already has reduced parking -- Commissioner Reyes: That's right. Chair Russell: -- if I'm not mistaken. Mr. Garcia: Not in our Zoning Ordinance, we don't. Commissioner Reyes: It doesn't. So that even for the passive parks, there are parking requirements? Mr. Garcia: Yes, sir, because that distinction that you speak of exists in the Comprehensive Neighborhood Plan -- Chair Russell: Yes. Mr. Garcia: --for different considerations. Chair Russell: And doesn't -- Mr. Garcia: In terms ofparking requirements, it resides here. Commissioner Reyes: Well, I would like to make it specific that it is for that kind of park, because I don't want anybody to come later on and said, "Okay, we're going to eliminate parking spaces in Charlie Hadley, "for example, that has spaces that -- or in Morningside, or any other park that has their own parking spaces inside of the park. City of Miami Page 299 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you, Commissioner. Would there be a negative consequence to that amendment with regard to the larger parks? Mr. Garcia: Well, let me just -- I wouldn't phrase it as a negative consequence, but I need to alert you to the fact that for large parking -- parks, for larger park facilities, at the rate of one space per 1,000 square feet, we may be imposing on ourselves -- we, in the end, would improve those parks -- a significant requirement to provide parking that may be too onerous. Chair Russell: But that's the current Code. Commissioner Reyes: But that's the current Code. Mr. Garcia: That's the current Code. Commissioner Reyes: And we still have the parking there. Mr. Garcia: But the current facilities respond to the prior Code, so the parking you're seeing today -- Chair Russell: Oh. Mr. Garcia: -- responds to the one per 5, 000; that's what I'm trying to bring to your attention. Chair Russell: The new -- Mr. Garcia: I think it is better policy to require less, and if need be, provide more; that's always possible. Chair Russell: I agree. I'd recommend passing it, as is. Vice Chair Gort: Move it. Chair Russell: It's been moved; seconded by the Chair. Further discussion? All in favor -- Commissioner Reyes: I'm going to go along with it, but, Francisco, you better be careful if it doesn't work. Mr. Garcia: I hear you, sir. Commissioner Reyes: Okay? Chair Russell: You got to get into scooters. Commissioner Reyes: I'm come -- I'm going to -- coming after you. Chair Russell: You got to get into scooters. Commissioner Reyes: Be careful. Chair Russell: Thank you. Commissioner Reyes: You're going to break your other hand. Chair Russell: All right. All in favor of the item, say "aye. " City of Miami Page 300 Printed on 10/21/2019 City Commission Meeting Minutes The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on PZ. 10. Commissioner Reyes: Okay. PZ.11 ORDINANCE First Reading 6119 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING AN AMENDMENT TO THE FIRST Planning DEVELOPMENT AGREEMENT FOR THE RIVER LANDING SPECIAL AREA PLAN ("RIVER LANDING SAP"), PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES, BETWEEN R.L. MIAMI, LP F/K/A RIVER LANDING DEVELOPMENT, LLC, A DELAWARE LIMITED PARTNERSHIP, ("APPLICANT"), AND THE CITY OF MIAMI, FLORIDA, TO GOVERN THE RIVER LANDING SPECIAL AREA PLAN (SAP) DEVELOPMENT AGREEMENT APPROVED MAY 23, 2013 AS ORDINANCE NO. 13383 ("DEVELOPMENT AGREEMENT"), BY AMENDING THE SECTION RELATED TO PUBLIC BENEFITS IN THE DEVELOPMENT AGREEMENT AND REQUIRING CERTAIN IMPROVEMENTS ON ABUTTING LAND OWNED BY AN AFFILIATE OF THE APPLICANT OUTLINED IN THE DECLARATION OF RESTRICTIONS THE APPLICANT HAS ENTERED INTO WITH MIAMI- DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo July 25, 2019 Note for the Record. For additional minutes referencing Item PZ.11, please see "Public Comment Period for Regular Item(s)" and "Part B: PZ -Planning and Zoning Item(s). " Vice Chair Gort: I'd like to move PZ 11. Chair Russell: PZ 11, amendment to the development agreement at 1420 has been moved by the Vice Chairman and seconded by Commissioner Reyes. Francisco Garcia (Director, Planning): It's an ordinance. It needs to be read, sir. Chair Russell: Thank you very much. Could you read it into the record, please? PZ.11. Vice Chair Gort: PZ 11. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 301 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 Chair Russell: Thank you. There's been a motion and a second on PZ. 11. Vice Chair Gort: Move it. Victoria Mendez (City Attorney): The only things I would like to clam and it may have to be done between first and second reading since it's an ordinance with the development agreement is that we just want to make sure -- The applicant has said that they've already made the appropriate proffers, but we just want to make sure that the work that's going to go into the adjacent property for a park is clearly delineated, and that the City knows what they're getting in terms of improvements. But that may be a -- Vice Chair Gort: Let me tell you, I -- Ms. Mendez: -- between first and second. Vice Chair Gort: -- I'm going to be working with that park, because that's something that we wanted to create within that area. The Health District's getting larger and there's more people living and there's higher density taking place in there, and they need a place to go to, so I'll make sure that it gets done the right way. Ms. Mendez: Thank you. Chair Russell: Thank you. So no further discussion? All in favor say "aye. " Vice Chair Gort: Aye. The Commission (Collectively): Aye. Unidentified Speaker: Thankyou, and thankyou for staying so late. Chair Russell: Any opposed? Motion passes. PZA 2 RESOLUTION 6114 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING WITH CONDITIONS THE CLOSING, Planning VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN ALLEY LOCATED AT APPROXIMATELY THE NORTHWEST CORNER OF NORTHWEST 62 STREET AND NORTHWEST 15 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," PURSUANT TO SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0319 City of Miami Page 302 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.12, please see "Part B: PZ -Planning and Zoning Item(s). " Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Hardemon: I move to approve PZ. 12. Chair Russell: Just a moment. Let me get back to where we are. So that was PZ 7. Commissioner Reyes: That -- Chair Russell: PZ 12 is the closure of northwest corner -- Northwest 62nd. Is there a second to the motion? Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort -- Vice Chairman. Is there any further discussion on the item? All in favor say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Unidentified Speaker: Thankyou. PZA 3 RESOLUTION 6116 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING WITH CONDITIONS THE CLOSING, Planning VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE TWO (2) TEN (10) FOOT ALLEYS AND A PORTION OF ANOTHER TEN (10) FOOT ALLEY THAT ALL LIE WITHIN PROPERTY BOUNDED BY NORTHEAST 18 STREET ON THE NORTH, NORTHEAST 2 COURT ON THE EAST, NORTHEAST 17 TERRACE ON THE SOUTH, AND NORTHEAST 2 AVENUE ON THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0320 City of Miami Page 303 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 MOTION TO RESULT: MOVER: SECONDER AYES: ABSENT: Adopt ADOPTED Manolo Reyes, Commissioner Wifredo (Willy) Gort, Commissioner Russell, Gort, Reyes, Hardemon Carol to Chair Russell: PZ.11. Commissioner Hardemon: It already passed, didn't it? Vice Chair Gort: We already passed it. Chair Russell: I apologize. Victoria Mendez (City Attorney): Riverlanding (UNINTELLIGIBLE), was it not? Chair Russell: Thank you. And then we have one remaining item, PZ. 13. Commissioner Reyes: Closure, okay? Great. Chair Russell: This is a resolution. Is there a motion on PZ.13? Commissioner Reyes: I move it. Chair Russell: Moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by the Vice Chairman. Is there any further discussion? All in favor, say "aye." Any opposed? I heard nothing. Come on, it's our last item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Iris Escarra: Thank you very much, everyone. Commissioner Reyes: Iris, as always, your presence is (UNINTELLIGIBLE) fantastic. City of Miami Page 304 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 PZA4 ORDINANCE First Reading 6112 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" OF THE 4.9± ACRES OF REAL PROPERTY LOCATED AT 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675, AND 1701 NORTHWEST SOUTH RIVER DRIVE, 1001, 1007, 1111, AND 1015 NORTHWEST 17 COURT, AND A PORTION OF 1389 NORTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.14, please see "Public Comment Period for Regular Item(s)", "Part B: PZ -Planning and Zoning Item(s) ", and "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: Could we do 14 and 15 for this (UNINTELLIGIBLE) ? Vice Chair Gort: 14 and 15, yes. Chair Russell: Thank you Vice Chair Gort: Move it. Chair Russell: PZ 14 and 15 have been moved; seconded by Commissioner Reyes. Is there any further discussion on the item? Victoria Mendez (City Attorney): An ordinance -- Chair Russell: It is an ordinance. Please read it. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That was PZ 14. Was this --? Chair Russell: Got it Keep going. Ms. Mendez: And 15? Chair Russell: Yes, please. City of Miami Page 305 Printed on 1012112019 City Commission Meeting Minutes July 25, 2019 Ms. Mendez: Okay. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. There's been a motion and a second on both 14 and 15. Is there any further discussion from the dais? Vice Chair Gort: No. Chair Russell: Hearing none, all in favor, say "aye. " Vice Chair Gort: Aye. The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you for your patience. Vice Chair Gort: Great presentation. Chair Russell: Thank you for your patience. That's 14 and 15. PZ.15 ORDINANCE First Reading 6113 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 73-R," SUB -URBAN TRANSECT - RESTRICTED, AND 73-L," SUB -URBAN TRANSECT - LIMITED, TO 74-R," GENERAL URBAN TRANSECT - RESTRICTED, FOR APPROXIMATELY 4.9 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675 AND 1701 NORTHWEST SOUTH RIVER DRIVE, 1001, 1007, 1015 AND 1111 NORTHWEST 17 COURT, AND A PORTION OF 1389 NORTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED COVENANTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ.15, please see "Part B: PZ -Planning and Zoning Item(s) ", "Public Comment Period for Planning and Zoning Item(s), " and Item PZ. 14. END OF PLANNING AND ZONING ITEMS) City of Miami Page 306 Printed on 1012112019 City Commission Meeting Minutes NA - NON -AGENDA ITEM(S) NAA DISCUSSION ITEM 6263 DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE City Commission STATUS OF RESOLUTION R-19-0288, ADOPTED BY THE CITY COMMISSION ON JULY 11, 2019, WHICH DIRECTED THE CITY MANAGER TO PROVIDE EACH CITY COMMISSIONER WITH A CRIME INCIDENT AND STATISTICS REPORT ("REPORT") FOR EACH NEIGHBORHOOD ENHANCEMENT TEAM ("NET") AREA WITHIN THEIR RESPECTIVE DISTRICTS ON A WEEKLY BASIS. RESULT: DISCUSSED Commissioner Carollo: Before we move forward -- Chair Russell: Yes, Commissioner. Commissioner Hardemon: I have a question. Chair Russell: Yes, Commissioner. Commissioner Hardemon: Can I --? July 25, 2019 Chair Russell: Just a moment. Commissioner Carollo and then Commissioner Hardemon. Commissioner Carollo: What is the date today, Mr. Manager? Emilio T. Gonzalez (City Manager): Today is the 25th, sir. Commissioner Carollo: Okay. On July 11, when we last met, we approved a resolution that stated the following: `Resolution of the Miami City Commission directing the City Manager to provide each City Commissioner with a crime incident and statistic report for each Neighborhood Enhancement Team (NET) area within their respected districts on a weekly basis, with a reporting period being from Monday through Sunday, and said report being submitted by 5 p.m. on the Monday following each reported period, or by 5 p.m. on the next business day, if Monday's a holiday; further providing that any City Commissioner deciding to opt out of receiving a weekly report may opt out at any time by communicating the same to the City Manager in writing. " Has any member of the Commission opted out from this report? Commissioner Reyes: Nope. Mr. Gonzalez: Sir, that I know of, I have not seen that report. I have spoken -- Commissioner Carollo: That's not the question that I asked you, Mr. Manager. Has any member of the Commission opted out from receiving the report? Mr. Gonzalez: Like I said, as far as I know, no one has opted out. Commissioner Carollo: Okay. So my next question is, why have we not received at least a first report, at least this week? City of Miami Page 307 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Mr. Gonzalez: Sir, that's a very good question. If you have not received it, I will speak to the Police Chief. He and I had this conversation right after the last meeting, and we'll get those to you, if you like, by the -- Oh, he's right here. Chair Russell: Good morning, Chief. Jorge Colina (Miami Chief of Police): Good morning. Chair Russell: You're recognized. Chief Colina: We're confirming right now to see if the reports were sent. We have the ability to send the report every day, if each Commissioner would like, at 6 in the morning, but let me confirm if the reports were sent and to which email; and if not, we can certainly do that, whether it's Monday or Friday, or whichever day is most convenient for each one of the Commissioners, because we keep the information current. And so, we certainly have the ability -- there's no issue at all with the information; it would just be a matter of when exactly, and we can certainly do the 5 o'clock on Monday, but let me confirm -- Chair Russell: Thank you, Chief. Chief Colina: -- if it has been sent; if not, certainly we can -- we'll begin immediately. Commissioner Carollo: Well, Chief, I would not be asking this question if we received any reports. So I don't know how you send them; if you send them by carrier pigeon or some other method that I don't know about, but the normal methods that we've been doing things in the City, they have not been sent. Later... Chair Russell: I'd like to move on to the business of the City. This seems to be a very specific item that we could possibly take up off the dais. With regard to the legislation, if I'm not mistaken, it's a monthly report that we were requesting, correct? It's a monthly report we're looking for? Commissioner Carollo: For -- Chair Russell: For the crime statistics. Commissioner Carollo: No; on a weekly basis. Chair Russell: On a weekly basis. Commissioner Carollo: Every Monday that we get -- Chair Russell: Understood. Commissioner Carollo: --from the week before. That's what we approved. Chair Russell: All right. Thank you very much, Commissioner. Can I --? Commissioner Carollo: This way, each of us knows -- Chair Russell: Understood. City of Miami Page 308 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: -- what's happening in our district the week before. And if there's a pattern that we want to look at and address with the Police Department through the Manager, we have the opportunity to do that. Chair Russell: Yes. Mayor Francis Suarez: Mr. Chair, if I may? Chair Russell: Yes, Mr. Mayor. Mayor Suarez: Thank you. Yeah, and I'm not sure when I signed the legislation, in terms of when it went into effect. I think my recollection is we've been getting the legislative package a little slower than what we would like, but I think we took the full 10 days, so just to keep that in consideration. There may have been -- Commissioner Carollo: That's why I asked -- Mayor Suarez: Right. Commissioner Carollo: -- beginning this Monday, at least. Mayor Suarez: Right. Now, I'm just -- want to clarify. Commissioner Carollo: I understand. You have 10 days. I don't believe you signed it, so it became law. Mayor Suarez: No. I did sign it. Commissioner Carollo: Okay. Well, then -- Mayor Suarez: Yeah. Commissioner Carollo: -- what was sent to us didn't have -- Mayor Suarez: Didn't have a signature. Commissioner Carollo: -- have a signature. Mayor Suarez: Yeah. Well -- Commissioner Carollo: But anyway, it's 10 days -- Mayor Suarez: Yeah. Commissioner Carollo: -- unless you veto it, and you didn't veto it, like you're confirming? Mayor Suarez: That's correct. Commissioner Carollo: So this was approved on the 11th. Ten days after that would make it the 21st. We should have had something beginning on Monday. Mayor Suarez: Great. Chair Russell: Thank you very much. City of Miami Page 309 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 NA.2 DISCUSSION ITEM 6264 DIRECTIVE BY COMMISSIONER CAROLLO TO THE CITY City Commission MANAGER FOR A REPORT ON THE POLICE BEAT OFFICER ASSIGNED TO A SPECIFIED AREA OF LITTLE HAVANA; INCLUDING A REPORT ON DAYS TAKEN OFF SINCE JANUARY 1, 2019. FRESULT: DISCUSSED Commissioner Carollo: Furthermore, since you're up here, couple of meetings ago, when I inquired about the foot patrol officer that had been assigned to Little Havana that we hadn't seen for some time, you stated to me that that was because he was in a two-week vacation period. Is he still on vacation, Chief? Jorge Colina (Miami Chief of Police): We have the Little Havana Beat officer that is working. Just because you don't see him, Commissioner, doesn't mean that the Beat ojficer's not working. Maybe when you drive down the street, they're inside a store or speaking to a merchant -- Commissioner Carollo: I understand. Chief Colina: -- (UNINTELLIGIBLE) we do. Commissioner Carollo: But when nobody else sees them either, then I have to wonder, where do we have a Beat officer at? Because from security personnel in the area to other people that work for the City in the area to business people right adjacent to the area, every one of them have told me that they hadn't seen him from a couple of months before you told me that he went on vacation, and has not been visible since that time. So I don't know what's going on, but I'd like to get, through the Manager, a report of who is the Beat officer that's assigned to that section of Little Havana, Domino Plaza, in that area; and I'd like to get the worksheets, going back from the beginning of the year, to see what dates he worked there and what days he worked somewhere else; and, of course, the vacation time, or any sick time, or other times that he's taken out. Chair Russell: Thank you, Commissioner. NA.3 RESOLUTION 6150 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING Office of the City THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER Cierk OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maithe Gonzalez Civilian Investigative Panel ENACTMENT NUMBER: R-19-0323 City of Miami Page 310 Printed on 10/21/2019 City Commission NAA 6269 Office of the City Clerk Meeting Minutes July 25, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): Civilian Investigative Panel: The Commission at -large is being requested by the CIP (Civilian Investigative Panel) to confirm the appointment of Maithe Gonzalez, representing District 3. Chair Russell: Is there a motion? Vice Chair Gort: Move it. Commissioner Carollo: Motion. Chair Russell: Moved by Commissioner Gort; seconded by Commissioner Carollo. All in favor say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Reggie Jean -Mary Amal Kabbani Madelyne Llanes NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commissioner Joe Carollo ENACTMENT NUMBER: R-19-0326 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): Miami Complete Count Committee: Mayor Suarez would like to appoint Father Reggie Jean -Mary; Chair Russell would like to appoint Amal Kabbani; Commissioner Carollo would like to appoint Madelyne Llanes. Vice Chair Gort: Move it. City of Miami Page 311 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Carollo: Move it. Chair Russell: Been moved by Commissioner Gort -- Commissioner Carollo: Second. Chair Russell: -- seconded by Commissioner Carollo. All in favor, say "aye. if The Commission (Collectively): Aye. Chair Russell: Motion passes. Ms. Ewan: Thank you, Chair and Commissioners. Chair Russell: Thank you very much. Is there any business before we break for lunch? We're looking at 3:30? Will that work for everyone? Commissioner Carollo: Yeah, 3:30 is fine. Chair Russell: All right. Thank you very much for your advocacy and your patience and your involvement. We'll see you all back at 3:30. We're in recess. NA.5 DISCUSSION ITEM 6266 A MOTION PURSUANT TO CHAPTER 2, ARTICLE II, SECTION 2 - City Commission 33(C)(7)(A), TO EXTEND THE CITY COMMISSION MEETING BY UNANIMOUS AGREEMENT OF THE MEMBERS OF THE CITY COMMISSION PRESENT ON THE DAIS. MOTION TO: Approve RESULT: APPROVED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Now we need to take a vote on whether we -- Vice Chair Gort: I'd like to make a motion to continue -- Commissioner Hardemon: Second. Vice Chair Gort: -- because people have been waiting here since early this morning. Chair Russell: It's our last meeting of the year -- Vice Chair Gort: And I know -- Chair Russell: -- and it's our job -- Vice Chair Gort: -- Commissioner -- City of Miami Page 312 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: -- I'm ready to tough it out. But, Commissioner, if there are items you'd like us not to take up, we'll gladly defer those, because we do respect that you have to leave. But we would like to try to continue. Commissioner Hardemon: Can we take the motion on the floor? Chair Russell: There's a motion and a second to continue, but we need unanimous Todd B. Hannon (City Clerk): I'm sorry; who seconded? Chair Russell: Commissioner Gort and seconded by Commissioner Hardemon to continue. I'd like to open for discussion on continuing. So I'm also a 'yes" to continue, but we need -- Commissioner Carollo: I vote "no" on continuing and -- Chair Russell: (UNINTELLIGIBLE). Commissioner Carollo: -- except for PZ (Planning and Zoning) items. Commissioner Hardemon: That's not how it works. Chair Russell: All right. So -- Commissioner Carollo: I'm stuck in the -- Chair Russell: -- if you'd like us to defer the morning's -- remaining morning's agenda, I think we can do that. Commissioner Carollo: Okay. Chair Russell: If we can get your consent for the unanimous continuation, we'll do that. Commissioner Reyes: I have a pocket item. Commissioner Hardemon: But that's not how it works. It's -- we have to decide on unanimous -- Chair Russell: He's giving us a 'yes. " Commissioner Hardemon: Okay. And then we have to have -- and then we have a motion for continuance. Commissioner Carollo: I'm giving you a 'yes " on the PZ items. Commissioner Hardemon: And then we'll have -- Chair Russell: I'll get us there. I'll get us there. Let me bring it all together. All right. So we'll be making a motion to defer the remainder of the morning's agenda. Mr. Hannon: Can we focus first on -- Commissioner Hardemon: The motion -- Chair Russell: Yes. City of Miami Page 313 Printed on 10/21/2019 City Commission Meeting Minutes Mr. Hannon: -- continuing the meeting? July 25, 2019 Chair Russell: Yes. I'm just saying we will. I'm putting that on the record so that - Mr. Hannon: Okay. Understood. Chair Russell: -- Commissioner Carollo has comfort in his unanimous vote. Mr. Hannon: Understood. Chair Russell: All in favor of continuing the meeting, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Carollo: With the deferment -- Chair Russell: Yes, we're going to do that. Commissioner Carollo: -- of all the agenda, except the PZ agenda, and one pocket item that I believe the Commissioner has. Chair Russell: Agreed. Thank you. Motion passes. NA.6 RESOLUTION 6265 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Commission ATTACHMENT(S), SUPPLEMENTING RESOLUTION NO. R-19- 0111, ADOPTED BY THE CITY COMMISSION ON MARCH 14, 2019, WHICH AUTHORIZED THE CITY MANAGER, THE CITY ATTORNEY, AND BOND COUNSEL TO TAKE ALL STEPS NECESSARY TO VALIDATE THE APPROVED AND EXPECTED FUTURE EXPENDITURES OF NOT TO EXCEED ONE HUNDRED MILLION OF AGGREGATE PRINCIPAL TOTAL AMOUNT OF THE AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PORTION OF THE MIAMI FOREVER BONDS ("MIAMI FOREVER AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT BONDS", IN ORDER TO ADD A SEVENTH (7TH) AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PROGRAM PROJECT TYPE ("AFFORDABLE HOUSING LONG-TERM LEASE/BUILD/ MANAGE STRATEGY") AS DESCRIBED BELOW; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0325 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Todd B. Hannon (City Clerk): Chair, there's one pocket item for District 4. City of Miami Page 314 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Commissioner Reyes: I have a pocket item. Chair Russell: Commissioner Reyes has a pocket item, if he'd like to introduce it. Commissioner Reyes: And do you have a copy? Everybody has a copy? And the only thing that this pocket item is going to do, it's going to validate and -- expected future expenditures and -- specifically on the bonds. You want to recommend it? Chair Russell: I don't see it. Where is the pocket? It's not this one. Commissioner Reyes: It said, "City of Miami legislation." Vice Chair Gort: Move it. Commissioner Reyes: I'll give you one. Okay. Chair Russell: Thank you. Commissioner Reyes: This was -- what this will allow is that we -- if anybody in the district, that you have land and you land -- I mean you land bank, you can go into a partnership with the developer that we -- you will provide the land, and they will provide the other funds, and they will build it. Now we cannot do it. Chair Russell: Are you --? Commissioner Reyes: Am I correct, sir? George Mensah: Yes. George Mensah. I'm Director of Community Housing and Economic Development. This is the seventh strategy for the bond, the housing part of the bond, and what it does is that it just allow the City to build -- to purchase a property and lease it to a developer who will build it and manage it on behalf of the City. Commissioner Reyes: That's right. Chair Russell: What is the emergency nature of the pocket? Is it (UNINTELLIGIBLE). Mr. Mensah: Because they're going to -- validation of the bonds, and they want that just to be part of it, so they can go to validation next month, I think it is. Chair Russell: Understood. That passes the test for me. Is -- I'll open the floor for public comment. Is there anyone who'd like to speak on this pocket resolution? Hearing none, I'll open for comment from the -- comments or questions from the dais, or is there a motion? Commissioner Reyes: A motion; I move it. Chair Russell: Moved by Commissioner Reyes. Is there a second? Commissioner Reyes: The gentleman is too tired to talk; he's just raising his hand. He's adding a seventh validation. Chair Russell: All right. Motion dies for lack of second. You can bring it back -- Commissioner Reyes: No, no. He seconded. City of Miami Page 315 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 Chair Russell: I'm sorry. I didn't hear a second. Commissioner Reyes: You don't pay attention. I said he's too tired. Chair Russell: We have a -- verbal minutes. We can't handle hand -- Commissioner Reyes: Well, you should be alert, man. You all -- you should be looking all over. Chair Russell: I'm trying. I only got one hand. Commissioner Reyes: You never know when the attack is going to come. Chair Russell: All right. We have a half-hearted second from Commissioner Hardemon. Robin Jackson (Assistant City Attorney, Supervisor): Mr. Chair? Chair Russell: Yes. Ms. Jackson: Would you like us to read the resolution title into the record? Chair Russell: That may help just to put it on the record, as the public is not very aware that we're doing this at a quarter till midnight. Thank you very much. The Resolution was read by title into the public record by the Assistant City Attorney Robin Jackson. Ms. Jackson: Thank you. Chair Russell: Thank you very much. Mr. Mensah, is this -- this is your item. You back this, correct? Mr. Mensah: Yes. It's basically a combination of some of the items that the City Commission has already approved. But we've already approved every item that is there, except that we're combining this to be just one special strategy. Chair Russell: Understood. Is there any reason why you didn't brief all the Commissioners on this? Mr. Mensah: This was something that came from District 4, and he wanted to -- Commissioner Reyes: Yes. And the emergency is that she is going -- Chair Russell: That I understand. I just don't know why we weren't able to know about this if you need it. Mr. Mensah: (UNINTELLIGIBLE) didn't come from me. Chair Russell: Oh, I -- that's what I'm asking. Is this your item that you're backing? Mr. Mensah: No, no, no. Chair Russell: But you're in favor of it and you support it? Mr. Mensah: Yes. City of Miami Page 316 Printed on 10/21/2019 City Commission Meeting Minutes July 25, 2019 ADJOURNMENT Chair Russell: It does help you with -- Mr. Mensah: Yes. Chair Russell: -- regard to the bond expenditure. Mr. Mensah: Yes. Chair Russell: All right. Commissioner Reyes: And it helps in the future, you see, public-private partnership; that's what I'm looking for. Okay? Chair Russell: Understood. There's been a motion and a second. Vice Chair Gort: I have a suggestion for the Administration. We can hear everything in the bathroom, but we need a mike, because I was trying to second this. Chair Russell: Please, only one-way communication in the bathroom, please. All right. There's been a motion and two seconds. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Yes. Commissioner Hardemon: I move to reconsider FR. 3. Chair Russell: Just a moment. Let me just finish with this item. Motion passes. The meeting adjourned at H: 53 p.m. City of Miami Page 317 Printed on 10/21/2019