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HomeMy WebLinkAboutCC 2019-09-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com TY EDI6 Ar T i * INC0RP CBATE0 1 is 08 0__ It__ �r Meeting Minutes Thursday, September 26, 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 September 26, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes, and Commissioner Hardemon. On the 26th day of September 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 2: 06 p. m., recessed at 2:25 p.m., reconvened at 2:30 p.m., recessed at 5:19 p.m., reconvened at 9:54 p.m., and adjourned at10:26p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 2:17 p. m., Commissioner Hardemon entered the Commission chambers at 2:19 p. m., and Commissioner Carollo entered the Commission chambers at 2:34 p.m. ALSO PRESENT.• Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd R Hannon, City Clerk Chair Russell: Good afternoon, everyone. Hello. Hello. How's everyone doing? Welcome to the September 26, 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, and he's the Vice Chair; and myself, Ken Russell, the Chairman. 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 -- Vice Chairman, you ready? -- and the pledge of allegiance led by our Mayor. All rise, please. (Invocation and pledge of allegiance delivered) PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 6519 Honoree Presenter Protocol Item David T Brown Mayor Commendation Jose Coronado Mayor Commendation Fidel Menendez Mayor Commendation Cody Ellison Mayor Commendation Chris Arias Mayor Salute Nelson Llopis Mayor Salute James Jackson Mayor Salute Corbera Gomez Family Mayor Certificate of Appreciation State Representative James Bush III Mayor Check Presentation City of Miami Page I Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 RESULT: PRESENTED 1) Mayor Suarez and Commissioners recognized Miami -Dade County Water and Sewer Department Employees Mr. David T. Brown, Mr. Jose Coronado, Mr. Fidel Menendez and Mr. Cody Ellison for their non -selfish and heroic collaboration. Mr. Brown, Mr. Coronado, Mr. Melendez and Mr. Ellison saved a construction worker's life and performed a rescue mission in an unsafe scene, while assisting the City of Miami Fire Rescue first responders. The City of Miami Elected Leadership paid highest tribute and commended these employees whose extraordinary and heroic efforts lead to the saving of a life, furthermore, thanking them for elevating the quality of life in the City of Miami. 2) Mayor Suarez and Commissioners recognized the City of Miami Innovation and Technology Department employees Mr. Christopher Arias, Mr. Nelson Llopis and Mr. James Jackson, in recognition of National IT Professional's Day. The National IT Professional's Day is set to honor the venerable geeks of the world we all rely on to keep us connected. The City of Miami appreciates the support where it be desktops, laptops, mobile devices, servers, networks, and cybersecurity. Mr. Arias, Mr. Llopis and Mr. Jackson keep the City moving forward. Their hard work, willingness to assist and desire to contribute to our great city is outstanding. Elected Officials paused in their deliberations of governance to salute and commend their constant dedication and commitment to the City of Miami. 3) Mayor Suarez and Commissioners presented a Certificate of Appreciation to the Corbera Gomez Family for their donation to the Hurricane Dorian Relief for the Bahamas. The Corbera Gomez Family consisting of Mr. William Corbera, Carolina Gomez (wife), Valentina (daughter), Alex (son), and the baby -girl who is coming soon (Isabella) believe that charity begins at home but should not end there. The people from Bahamas received a much needed donation from this family. Elected Officials paused in their deliberations of governance to thank and commend their call to charity and for elevating the quality of life in the City of Miami. 4) State Representative James Bush III presented the City of Miami with a check in the amount of $500, 000 for Operation Blue and Brown. Mayor Francis Suarez: Thank you, Mr. Chairman, and thank you members of the audience that are here today. (Presentations and proclamations made) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA ORDER OF THE DAY City Commission - Planning and Zoning - Jun 27, 2019 9:00 AM RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article H, Section 2-33(k), Miami City Code, item AM.l was continued to the October 24, 2019, Planning and Zoning Commission Meeting. City of Miami Page 2 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: While we prepare for the presentations and proclamations, the City Attorney will read the rules of the meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the Code of the City of Miami, Florida, 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 at the City Clerk's Office or online on wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the appropriate 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 wwwmunicode.com [sic]. Pursuant to Section 4(g)(5) of the City Charter, the Mayor may veto any items by the City Commission within 10 calendar days. The material for each item on the agenda is available during business hours or at the City Clerk's Office and online at wwwmiamigov.com [sic]. Any person making -- 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 may advise the public when the public may have the opportunity to address the City Commission during the public comment period or at 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 your 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 wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in 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 Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify 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 either end at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. The 1Op. in. rule does not apply when City Commission is engaged in its annual budget meetings, pursuant to Ordinance 12586. At this time, the Administration will announce which items -- At this time, we will defer to the Chairman. Thank you. Later... Chair Russell: All right. We're ready to start the business of the day, and I'll start by just thanking you -- all of you for your patience today with the funeral services of Mayor Ferre, starting at 8 this morning. The chambers were indisposed, and many of us certainly wanted to be at the mass, and so we decided to start Commission at 2, so I apologize for any of the inconvenience that's caused for all of you. So I'd like to walk you through how we're going to do the day from here forward. I'd like to prioritize your time as the public. We do have a budget hearing at 5, and I'd like to, City of Miami Page 3 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 as close as I can, do a hard stop to whatever we're doing at S and take that up. If you're here for the budget, to speak publicly on the budget, you'll be speaking at that time, not at this point. I'm going to try to get through all of the public comment for other items, both Planning and Zoning and regular agenda, before that. So if you're here to say something and then you want to leave, you won't have to wait until after the budget to get your chance. There's a few items that are at times certain. I have a feeling we'll be getting to the PZ (Planning and Zoning) appeal that was time certain at 2, just after the budget. When we say "time certain, " it says that an item can't be heard before that time, but there's no reason -- if we have to delay it a little, we can go over, and today is a very special consideration. So we do have a quorum. I'd like to start by opening the Omni CRA (Community Redevelopment Agency) meeting, which was scheduled, as well, for during our lunchtime. It's a very short agenda of three items. Gentlemen, a couple of them are four -fifths. So Mr. Clerk, do you need me to do anything? Todd B. Hannon (City Clerk): Yes. We just need to -- Later... Mr. Hannon: Good to go, sir. Chair Russell: Thank you, sir. We're back in session for the regular Planning and Zoning agenda for the afternoon. I'm going to start with the order of the day, as well as any pocket items anyone would like to present just to put on the agenda for the day, if there's anything. So Mr. Manager. Emilio T. Gonzalez (City Manager): Thank you, sir. Good afternoon, 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 deferred to October 10 is PA.], a personal appearance by Commissioner Esteban Bovo from Miami -Dade County; that's to October 10, PAJ; to be deferred to October 10, PH.7, right-of-way access; that's PH.7; and to be deferred to October 10, RE11, street co -designation. That's all I have, sir. Chair Russell: Thank you. Is there anything that the Commissioners would like to see --? And that's for PZ (Planning and Zoning) agenda, as well, sir? Let's do them both. While we're waiting for the Planning Director, any items that the Commissioners would like to see deferred, continued, withdrawn? Yes, Commissioner Reyes. Commissioner Reyes: Yes. I want to withdraw FR.35 --I mean, PZ.4. Chair Russell: PZ.4. Commissioner Reyes: To rewrite, okay? And -- Chair Russell: I'm sorry. Just to be sure, you're trying to withdraw an item that you're not sponsoring; is that correct? Commissioner Reyes: No, with -- defer. I'm sorry. Chair Russell: You'd like to defer it? Commissioner Reyes: That's right, until (UNINTELLIGIBLE). Chair Russell: Yes. I thought I heard you say "withdraw. " I apologize. City of Miami Page 4 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: No. I said, either do that or withdraw it. Chair Russell: What is the time frame you'd like for that? I recommend indefinite, so we can bring it back any time it's ready. Commissioner Reyes: Indefinite. Any time that we can sit down and talk about it, because I haven't been able to -- Chair Russell: It's true; we haven't involved in item, and I do believe things have come about that can help us get there. Commissioner Reyes: Absolutely, absolutely. And besides that, I didn't have the opportunity of -- although I requested meeting with Mr. Garcia or with -- probably, he was too busy. But I want to sit down and be able to (UNINTELLIGIBLE). Chair Russell: Yes, I can appreciate that. In the meantime, I'd like to see us enforce the Code that we have -- Commissioner Reyes: Absolutely. Chair Russell: -- because it makes it very hard for me to get the will of this Commission to change the Code when we're not enforcing the existing one we have, and it's blatant. You can see it in the buildings that are being built that we are asking them to stop building and maybe undo those buildings. It would be much easier if we just held their feet to the fire to build correctly in the first place. So thank you. So that's been noted. Commissioner Reyes, thank you very much. Mr. Director. Commissioner Reyes: Sir? Chair Russell: Yes. Commissioner Reyes: I haven't finished yet. Chair Russell: You got more. Commissioner Reyes: I got more. Chair Russell: You're clearing our day so we can get out earlier tonight. Commissioner Reyes: That's right. I mean, we are -- I know we have short time, but PZ.S, also; I would like to indefinitely defer it; and PZ.6, until November meeting. Chair Russell: So that's PZ.S, indefinite deferral; PZ.6, until when? Commissioner Reyes: November. Mr. Hannon: November 21 ? Commissioner Reyes: That's right. And also, on the PH (public hearing), I have PH.7 that we have to -- the Administration requested that -- Chair Russell: Yes. Commissioner Reyes: -- we defer that. Chair Russell: October 10. City of Miami Page 5 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: That's right, October 10. And also, we're going to have -- oh, RE.11. Chair Russell: Street co -designation. Yes, that's already been deferred for October, as well. Commissioner Reyes: (UNINTELLIGIBLE). Okay. And I'm going to co-sponsor the one that it is Code Enforcement regulations. Chair Russell: What number? Commissioner Reyes: It is RE. 6. Chair Russell: RE. 6, Code Enforcement legislation for repeat offenders. Commissioner Reyes: That's right. Chair Russell: Commissioner Reyes would like to be noticed -- noted as a co- sponsor, please. Commissioner Reyes: Yeah. And also FR.1, I would like to co-sponsor that. Chair Russell: Okay. Commissioner Reyes: Okay? And let me see if I have some -- I was going to ask for a deferment on FR.3, but I would like to discuss it, and make a strong request from the Administration to sit down, as I have requested before and before and before, okay? Chair Russell: Thank you. So we'll take up the item, and at that point, we'll discuss whether or not it should be deferred. Commissioner Reyes: That's right. Chair Russell: Mr. Director, have you got any items for deferral, withdrawal, continuance in the PZ agenda, please? Francisco Garcia (Director, Planning): I do. Mr. Chair, I'd like to add to the list already set forth Items PZ.2 and PZ.3. It has come to my attention that the attorney previously representing this case is no longer on the case, and they are seeking new representation; for that reason, they have requested a continuance for this item. Commissioner Carollo: Which was that? Chair Russell: PZ.2 and PZ.3. Mr. Garcia: PZ.2 and PZ.3, sir. Commissioner Carollo: Okay. But which attorney is that, and what item is this? Mr. Garcia: A gentleman by the name of William Riley. Commissioner Carollo: Okay. Oh. City of Miami Page 6 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Garcia: He used to be the attorney for this case; he no longer is. And the applicant, the actual property owner, is requesting -- or is actually searching for new representation. Commissioner Carollo: Okay, I see. Even though he doesn't work for the Mayor's firm now, that still could possibly be looked upon as a conflict if he still stays, so I understand. That's fine. Chair Russell: (UNINTELLIGIBLE), Mr. Director? Mr. Garcia: Again, at this point in time, the request is simply for a continuance. Maybe in the next month they can find new representation. Chair Russell: Continuance noted. Mr. Hannon: And that'll be until November 21. Chair Russell: Yes. Mr. Garcia: PZs.2 and 3, companion items, yes, sir. That's all I have. Chair Russell: Thank you. And on the PZ agenda, I'll be looking for a continuance of PZ.20 and PZ.21. This is a rezoning within my district. Mr. Hannon: And my apologies, Chair. Items PZ.2 and 3 to be October 24. Would you prefer October 24? Chair Russell: He did say a continuance for -- Mr. Hannon: Continuance. Chair Russell: -- 2 and 3, so that would be October 24. Mr. Hannon: My apologies. Chair Russell: And then PZ.20 and 21, a continuance is fine, as well. Gentlemen, is there any other item that you'd like to see? Commissioner Carollo: Well, my two items, since they were time certain at 11, we're going to hear them first? Chair Russell: I thought you were going to defer them. In the -- Commissioner Carollo: In the spirit of -- Chair Russell: -- spirit of Maurice Ferre and kumbaya. Commissioner Carollo: Well -- Chair Russell: We have a lot of business to get to, Commissioner. If we could -- Commissioner Carollo: Okay. Well, then, let's say the following: In order to get through the business, I would be willing to defer those two items -- that will take some time --for the next meeting, but they've got to be time certain at IL Commissioner Reyes: PZ.6? City of Miami Page 7 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Thank you, sir. Commissioner Carollo: And the only thing I request is that -- We've had a very long day today. Chair Russell: It just started. Commissioner Carollo: I think all of us have been up very early. So we finish with the last item on the agenda, whatever that item is, let's try to finish with that, okay? Chair Russell: I agree. I think we can do it. So those items, just to be specific, are DI -- Mr. Hannon: 2 and 3. Chair Russell: -- 2 and 3. Mr. Hannon: And the time certain? Chair Russell: To be deferred -- Mr. Hannon: Deferred to October 10. Chair Russell: And we can set the time certain later, once we see that agenda. I'm glad -- unless you have a preference. Commissioner Carollo: Well, I prefer 11, but if we can't do it at 11, I'll take the first item after lunch. Chair Russell: I think that's a good way -- well, why don't we do 11? I like 11, because I think we can work through -- Commissioner Carollo: Okay. Chair Russell: --just right there. All right. So DI2 and 3 time certained [sic] for October 10. Commissioner Carollo: Well -- Chair Russell: Deferred until that date. Thank you very much, Commissioner. Commissioner Carollo: Once we're done with this, before we get into the regular agenda, I do want to bring something up on procedures real brief, but let's finish to see if there's anything else we need to get out that could expedite the meeting. Chair Russell: Okay. Thank you. You have a comment with regard to the order of the day? Ines Marrero: Yes. I had a request for a continuance of one of the Planning and Zoning items, PZ.1. I didn't -- It wasn't clear -- Chair Russell: Could you state your name for the record, please, and who's requesting? Ms. Marrero: Yes, of course. Good afternoon, Mr. Chairman, members of the board. My name is Ines Marrero. I'm an attorney, with offices at 701 Brickell Avenue. I am the representative of the applicant on PZ.1. It's a rezoning application City of Miami Page 8 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 in Commissioner Carollo's district. We would request that this item be deferred to the November Planning and Zoning meeting. Commissioner Carollo: I have no problems with that. Mrs. Priegues has been the better side of the Priegues family; very nice lady, so I will go along with that. Chair Russell: Thank you very much. We'll add that to the list. Ms. Marrero. Thank you. Chair Russell: Is there anything else, gentlemen? That was PZ.1. Commissioner Reyes: Good side (UNINTELLIGIBLE). Chair Russell: PZJ. Commissioner Carollo: Just kidding, Manny. Chair Russell: All right. Mr. Clerk, can you read back all the items, just to be clear? Mr. Hannon: Yes, sir. To defer to October 10, PAJ; to defer to October 10, P117; to defer to October 10, RE.11; indefinitely defer, PZ.4; indefinitely defer, PZ.S; defer to November 21, PZ.6; to continue to October 24, PZ.2 and 3; to continue to October 24, PZ.20 and 21; to defer to October 10, D1.2 and 3, with a time certain of 11 a.m.; and to defer to November 21, PZ.1. Commissioner Carollo: Okay. There's one more here that we could clean up with in the same spirit that we talked about before, DI.4. Chair Russell: DI.4, October 10, same thing? Commissioner Carollo: Yeah. Hopefully, we won't have SO keys or proclamations being given out to the media people in the meantime. Chair Russell: All right. Mayor Francis Suarez (City of Miami): I'll issue as many proclamations -- Chair Russell: DI. 4. Mayor Suarez: -- as I like in the time frame. Thank you; no limitation. Commissioner Carollo: Oh, okay. Mayor Suarez: Thank you. Later... Commissioner Reyes: Mr. Chair? Chair Russell: Yes. Commissioner Reyes: And in the same spirit, I would like to defer DI.S. Chair Russell: DLS? City of Miami Page 9 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: That's right. It's a discussion item, Capital Improvements, the Office of Capital Improvements. Chair Russell: Okay. Commissioner Reyes: Okay. Chair Russell: Which date? October 10? Commissioner Reyes: If we are not that packed, I mean, or we can do it some other - Chair Russell: We'll do it October 10, and if we need to move it again, we will. Commissioner Reyes: Okay. Commissioner Carollo: Well, we only have DI1. Are we going to go for a full deferment or --? Chair Russell: Whose item is DI.1 ? Commissioner Reyes: No. DI.1 ? Commissioner Carollo: I don't know (UNINTELLIGIBLE). Chair Russell: I believe that's an administrative item. We'll leave it on. It's fine. Commissioner Reyes: (UNINTELLIGIBLE) discussion? Chair Russell: All right. So are we clear with all of the items, Mr. Clerk, and then the additional that were added at the last? All right. Is there a motion --? Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Yes. Vice Chair Gort: Let me ask a question. You have FR.1 also, right? Chair Russell: Let me check. FR.1 is still on the agenda. Vice Chair Gort: Still on the agenda? I thought it was deferred. Chair Russell: No. Vice Chair Gort: No? Okay. Commissioner Carollo: Hold on. Which? Chair Russell: That's Commissioner Gort's item, co -sponsored by Commissioner Reyes. Commissioner Carollo: Which one is that? Chair Russell: FR.], environmental tree preservation with regard to affordable housing. Commissioner Reyes: That's right. City of Miami Page 10 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Vice Chair Gort: Right, right. Okay. Chair Russell: All right. Is there a motion on the order of the day? Commissioner Gort: Move it. Commissioner Reyes: Second. Chair Russell: Moved by Commissioner Gort -- Vice Chairman Gort; seconded by Commissioner Reyes. Any further discussion? Commissioner Carollo: Yes, briefly. Chair Russell: Yes, sir. Commissioner Carollo: Mr. Chairman, we have certain rules and regulations that have not been broken until recently, and no matter -- I mean, 40 years that I could think of, whether some of us are getting along or not getting along, it has been respected; that no one can just come up here for the heck of coming up here to defame, insult any one of us individually on any item that is on the agenda or not on the agenda. Now, that rule was broken at the last meeting. There was a certain police officer that came here that felt he had immunity to say whatever he wanted. He violated numerous departmental rules and regulations. What I'm asking is that I want to make sure that, from here on forward, the same rules that we have always had and respect for each other, that we -- whether we get along or not, that we're not going to let anyone come here defame, insult, smear any one of us. We're going to abide by that, because if we're not, then I want to make sure that some people that might think differently of you or someone else will have the same opportunity that someone was given to come up here and defame me and lie about me. Chair Russell: Thank you, Commissioner. I agree with you 100 percent. And as Commissioner Reyes said in the last meeting, it should be mutual. Commissioner Carollo: Exactly. Chair Russell: It goes both ways from this dais. Commissioner Reyes: That's right, but -- that I mentioned it, but I do agree with Commissioner Carollo; I think that it was allowed. And I think that some -- up to some point, we, the Commissioners -- the -- as Commissioners, we are guilty of it, because we should have stopped it, and you --particularly you, you should have -- I mean, you got a big gavel there, man. And if they don't listen to it, well, just hit them on the head or get the sergeant -at -arm to get them out of here, but that will run out of hand. And Commissioner Carollo was insulted and defamed, and we should -- all of us should have jumped on it. Chair Russell: Thank you. Commissioner Reyes: I will say that. Chair Russell: I very much appreciate that I will have the backing of this body to maintain decorum in this hall, because the power with this seat as Chair is derived from the body. I do not have power on my own, without the support of the four of you. Commissioner Reyes: You will have it. City of Miami Page 11 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: So thank you very much. All right. Commissioner Carollo: Mr. Manager, I respectfully suggest to you that you read up the rules and regulations of the Police Department to police officer employees. I know that nothing will be done about it, but you might want to read it. Emilio T. Gonzalez (City Manager): Sir, I will do so, and I will consult with the Chief, as well. Thank you. Chair Russell: All right. Do we have a motion and a second on the order of the day? Vice Chair Gort: Move it. Mr. Hannon: Yes, sir. Commissioner Reyes: Second. Chair Russell: We do in concept. Commissioner Carollo: By the way, Mr. Manager, that includes for -- Chair Russell: Commissioner? Commissioner Carollo: -- tweeter accounts, social accounts. Chair Russell: Commissioner, we need to stay clean with the business of the day. Commissioner Carollo: It's clean. Chair Russell: Thank you. Is there any further discussion on the order of the day? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: We'll start with Mr. Pichel. Frank Pichel: Good afternoon, everyone. Frank Pichel. I have offices at 757 Northwest 27th Avenue. I'm here on a matter of great importance regarding abuse of power and public corruption by Mr. Yariel Diaz, who knowingly and willfully abused Ms. Lazara Martinez and caused her arrest by telling her to not only take off or take down political campaign signs that he disagreed with, but also encouraged her to trespass on Federal properties. He also encouraged her to spy on City employees, and also encouraged her to -- Chair Russell: One moment, Mr. Pichel. Is it an item on the agenda that you're speaking to? City of Miami Page 12 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Pichel: It's not an item on the agenda, but this is a matter of great importance that should be a -- Chair Russell: I'd like to direct your attention to the Management to deal with this first, and if they cannot remedy the situation for you, you'll have an audience with the City Commission. Mr. Pichel: I -- by going to -- (UNINTELLIGIBLE). Chair Russell: This is not the place to launch an investigation, though. Mr. Pichel: Well, I'm not launching an investigation. Chair Russell: It is. Mr. Pichel: This is for the record. Chair Russell: It is. Mr. Pichel: And I'm not here to argue with you. I'm here to say the facts. Chair Russell: (UNINTELLIGIBLE). Mr. Pichel: Matter of importance, Ms. Martinez was arrested because she was directed by a City official -- Chair Russell: That is not to be dealt with on the business of this day. Mr. Pichel: Well, then -- Chair Russell: Mr. Pichel, please address your concerns with the Administration. Mr. Pichel: My concern is that we -- I -- we want that person -- Chair Russell: I'm turning off your mike. This is not within the business of the day. I'm sorry, you're not being heard. I will ask for you to be removed if you will not address with the City Manager, please, the issue that you have. Please. This is not on our agenda. You have an issue with someone personally. Commissioner Carollo: Can -- Chair Russell: No. Victoria Mendez (City Attorney): I believe -- Chair Russell: Your microphone is not on, so you're not on the record. Ms. Mendez: Chairman? Commissioner Carollo: Mr. -- Chair Russell: Commissioner Carollo. Commissioner Carollo: Mr. Chairman, look, we could take a vote on that now on the Commission. I know we got a long agenda. Chair Russell: I don't know what we're voting on. City of Miami Page 13 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Carollo: Well -- Chair Russell: All I know is he's speaking on something that's not on the agenda. Commissioner Carollo: -- there's no vote. So I'll tell you what. I will put it as a discussion item for the next agenda. This way, there's no concern, he could have time, others who want to speak on it could have time, and then it's done within our rules without us having to override the Chair. Chair Russell: Thank you. Commissioner Carollo: Would that be okay, that we do it on the next agenda? Chair Russell: Of course. Campaign shenanigans happen, but this is not the forum to deal with it. Commissioner Carollo: This way, it will give the Manager some time before the next agenda to see what the Manager is going to do on the subject. Chair Russell: Thank you for reiterating exactly what I said. Mr. Pichel, please direct yourself to the City Manager. Next speaker, please. Nicholas Jordan: Hello. My name is Nicholas Jordan. I'm a resident at 2962 Southwest 22nd Terrace, and I'm speaking in regards to the proposed Brito School location. I believe that's PZ.22. I strongly oppose this location. I've been living on this street for the past 15 years. And firstly, I'd like to state that the neighbors do not support this location. I believe that Brito School is aware of, but has disregarded this opposition, as shown by the fact that their very first contact in reaching out to the neighbors was less than 48 hours ago. At that meeting, not a single resident spoke in support of this location, and by the end of the meeting, I don't believe that any of them were convinced that our interests were being taken to heart. Aside from this particular location being too small for the school, the school has too great a population. It requires a much larger lot. I'm concerned about safety as it relates to traffic. Right now the plan calls for the entrance for their pickup and drop-off location to be on Southwest 22nd Terrace, which is my residential street. That means at multiple times of the day, including morning rush hour, there will be a queue of traffic, of parents wrapping around the block, likely blocking half the roadway. Now, Southwest 22nd Terrace already has a traffic problem with drivers speeding through the neighborhood to bypass the traffic on Coral Way, and I'm just very concerned about how this is going to tax the neighborhood and add an extra stress, because now the existing traffic is essentially going to be playing a chick -- game of chicken or competing with half the space with half that roadway. I am concerned about what this means for, you know, pedestrians and students; God forbid any of them get struck by a vehicle, or if any of these vehicles end up having to veer off into the neighbors' yards. I do think it's grossly naive to assume that because Brito School has claimed they haven't had problems at their previous location that that's going to apply to this location. This particular block in particular has a very specific set of challenges that I don't think are being addressed. And furthermore, I believe that the City Planning really zoned these areas with intent, so to disregard those zones and make an exception and a waiver shows that, you know, this really isn't the -- Chair Russell: Thank you. Mr. Jordan: --appropriate place. City of Miami Page 14 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Thank you very much. As you finish speaking, please exit the building. We've reached our maximum capacity, and many people who'd like to address the dais are standing outside in the heat. So once you make your public comments, please exit so others can come in. Hello. Alexia Vega: Hello. Good afternoon. I'm here to speak about SR.1, the -- regarding the scooter pilot. My name's Lexi. I'm an operations lead at Lyft for bikes and scooters. I wanted to take the time to urge the City of Miami to continue its partnership with Lyft in an effort to take Miami -- to make Miami one of the most successful cities in the country. With this extension, you will be able to create more jobs for Miami residents, provide more transportation options, and continue to educate residents and tourists on the safety regarding scooters. Thank you again for the current extension. We look forward to strengthening our relationship with the City. Chair Russell: Thank you very much. Good afternoon. Omar Fernandez: Thank you. I'm here about PZ.22. My name is Omar Fernandez. I live at 2936 Southwest 22nd Terrace. My biggest concern is the traffic on Southwest 22nd Terrace, between 29th and 31st Avenue. For that reason, I oppose the Brito School. And the reason I oppose it is, I have lived therefor 50 years; half a century. I've seen a lot on that street. Two cars have crashed into my house. I've seen a number of pets hit and killed on that street. And my main concern is the safety of these kids. If you ultimately do decide to approve this school, please, at least add a couple of speed bumps on there. Chair Russell: What's the address again? Mr. Fernandez: 2936 Southwest 22nd Terrace. It's the 22nd Terrace -- it's a speedway there; been that way for years, between 29th Avenue and 31st Avenue. So thank you for your time. Chair Russell: Thank you very much for your comments. Good afternoon. Phillip Frost: Good afternoon. My name is Phillip Frost. I'm with --I'm here for SR.], for the Lyft pilot. I just wanted to comment off the top of my head. And it's a great program, and it's provided a lot of opportunities for our employees there. Me personally, I've been in South Florida my entire life, and this is, by far, the best opportunity, career -wise, that I've had in a very long time. The pilot itself is presenting a lot of great opportunities for the City, as well; mainly over the weekend, in high traffic areas, instead of, you know, cars, we have scooters and whatnot that pedestrians could be using, lessening -- lighting up the street load, so that's -- Chair Russell: Thank you very much. Mr. Frost: Thank you. Chair Russell: Thanks for your comments. Good afternoon. Albert Rincon: Good afternoon, Commissioners. Thank you for the opportunity. I'm here on the resolution for PZ.22. I'm against it. My name is Albert A. Rincon. I've been a retired firefighter; I worked for Miami -Dade Fire -Rescue for 30 years. I moved to this condominium 15 years ago, because my last assignment was at the airport. And as you know, when you work for the (UNINTELLIGIBLE) units, you have to be closes to the airports, in case of emergencies. My main concerns is that the school on the corner of 31stAvenue and 22nd, it's too confined, it's too small; the streets are too narrow. Morning rush hours, that develops gridlock during the City of Miami Page 15 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 morning and afternoon; and also, it limits the access for 31st, and other avenues around that area. If the Commissioners and the City fathers do decide to amend this, I strongly agree to put two off -duty police officers from the City of Miami in the morning and the afternoon to direct traffic; and also, if any violators of the law, they can give them a ticket right there, because there's going to be chaos. Thank you very much. Chair Russell: Thank you. Good afternoon. Ritchie Checo: Hi. Good afternoon, Chairman and board. Thank you for allowing me to speak. My name is Ritchie Checo. I am here in regards to SR.]. Basically, I wanted to speak on behalf of myself. The scooter pilot program, in my opinion, has been a great opportunity; not only for myself in order for me to be able to provide for my family, but I've also been able to see the greatness beyond that, and see how it's been able to affect the outside, as well. Understanding the traffic that we have in Miami and other areas as well, it does become an issue to where we're unable to, you know, get to the places where we're able to in a timely manner. But this also allows people to not only get to places in a timely manner, but be free in the way that they're able to express themselves, as well. I've been able to see people very happy with the way that, you know, the scooters have assisted them, and able to get them to their destinations any moment in time. And being able to do that and see that, and see the effects that the pilot program has made makes me very happy to be able to represent the company. I think it has a great opportunity to expand even further. Chair Russell: Thank you very much for your comment. Mr. Checo: Thank you for your time. Carlos Paucar: Hello, Commissioners and members of the board. I'm Carlos Paucar. I'm a resident of 22nd Terrace, and oppose the proposed Brito School relocation to Coral Way. The school does not belong there. If it belonged there, they wouldn't be needing exceptions and waivers. Two exceptions have been requested; one for the school. It's too big for the lot facilities that are there originally; and two, for access to 22nd Terrace, which is a residential street, and it's my residential street. I've been living therefor more than 20 years. And traffic will be -- if there's any backed up cars, traffic will be cut down to one lane. There's -- that's one lane for two-way traffic. They're going to definitely go into the sidewalks and our driveways to try to go across each other. Within --there's no provisions for traffic control. If this gets approved, we would need an off -duty police car and police officer to direct the traffic on the corner of 22nd Terrace and 31st Avenue, where the proposed entry and exit are. There's a -- it's very difficult to enter Coral Way from there, and the queue line for their entrance is going to be very close to a stop sign. It's a very busy intersection. Southwest 31st Avenue is not the same as 32nd Avenue, where their current location is. Their past experience cannot translate to this location. You're forcing traffic into residential area. Any traffic that wants to go south will have to drive into the residential area to try to exit on 26th Street. This waiver for access to 22nd Terrace should apply only to the school. Access to 22nd Terrace, if they're going to do something commercial in the future -- say, they realize that the school does not fit there -- this waiver needs to be taken care of. Now, Brito only reached out to the neighbors just two days ago. A lot of neighbors are still finding out. It will be great to try to postpone this so that we can have more neighbors express their concerns. Thank you so much. Chair Russell: Thank you very much. Good afternoon. William Fletcher: Good afternoon. My name is William Fletcher, and I'm just speaking on behalf of the SR.1 program. I'm a Lyft mechanic, and I started there City of Miami Page 16 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 from the day one. And our emphasis with the scooters that we release from our warehouse is safety is a priority, number one. We go through a multiple check on the scooters to make sure they're safe, the brakes are safe, that they (UNINTELLIGIBLE), and that they're safe for the customers that are riding the scooters on behalf of Miami and throughout the other areas. I feel that this is a great program for the City; that it also brings green alternatives for transportation in the City of Miami and in the other surrounding cities. It also gives the customers that ride the scooters safe travel at all --for a 24-hour time span. We have -- our drivers pick up the scooters 24 hours a day, and we want to make sure that those scooters are safe and that they're out of the streets and out of the -- out of traffic. Thank you so much for your time, and have a great day. Chair Russell: Thank you for your comments. Good afternoon. Jose Blanco: Greetings. My name is Jose Blanco, and I'm a resident at 3000 Coral Way, Unit 905, 33145, and I'm here opposing the Brito School project. In the interest of time, I just don't want to repeat everything that's been said, but it's basically the size of the school and the impact on the traffic. As you know, most schools are placed on avenues to account for that, and this is in the neighborhood streets. However, we did have a meeting with the representatives of the school a couple of days ago, and I'm sure they would be fine neighbors. They seem to have a very positive attitude for the project, so I would love to have them as neighbors, but it's just not the right project for the right space. Thank you. Chair Russell: Thank you very much. Tino Anasagasti: Good afternoon, Mr. Chairman. My name is Tino Anasagasti. I'm a member of this community for a long time. We work together at the Kiwanis Club. I've been part of this forever. And I'm here in behalf of greater Miami Private School. We went in front of the Zoning Commission, and they approve unanimous. The only thing, there was some kind of a -- signs that have to be in the school that they were not to be. There were -- the opposition was concerned mainly on the traffic. Now they're concern of the kids, which I really appreciate it, but Brito's been there in 32nd Avenue, which is not a dead street, and never, ever been any accident. And I think what the school has given to this community is worth a lot more than the little traffic that they're going to have. Remember, it's a school with 150-some students. We're not talking thousands of student. And then on top of that, they're going to be released on three different times, so the traffic is going to be minimum. Thank you very much. Chair Russell: Thank you for your comment, sir. Kathleen Barrow: Hi. Chair Russell: Hello. Ms. Barrow: Good afternoon. My name is Kathleen Barrow, and I'm here for Item Number PZ.22, in support of the Brito Private School. I'm just going to read a little bit of what I wrote so I don't forget anything. Good afternoon, all. My name is Kathleen Barrow, and I'm a local resident and business owner. I'm here today to speak in support of Brito Miami Private School. For close to 10 years, I've lived within blocks of the former location of Brito in three different homes. The first was a townhouse just south of the school; the second, a high-rise on the corner of 32nd Avenue and Coral Way; and the third, another townhouse a few blocks north of Coral Way on 32nd Avenue. I'm a mother, and I have a preschooler who is enrolled in private -- Pine View Christ -- preschool for four years. Pine View is on the corner of Bird Road and 37th Avenue. The debate today is that some residents of the City of Miami Page 17 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 neighborhood are here in opposition of the new location of Brito Private School, while I am in support of the new location, because I know firsthand what it is like to drive through their school zone, and I can attest that in no way is it problematic. As a matter of fact, I've driven through their former school zone on 32nd Avenue four times a day for two years during rush hour. That is approximately 1,500 times. Instead of choosing to cut through the neighborhoods, I opted to drive through the school zone for one reason: It was quicker. It took me approximately one minute going 15 miles per hour. The traffic caused by the school was simply inconsequential, and nothing I would ever complain about. The school has less than 159 children enrolled. It is tiny. As a matter of fact, the high-rise I lived in on the corner of Coral Way and 32nd Avenue, the Gables Marquis, has probably caused more grievances for residents than any other building within 10 blocks on Coral Way, because it is huge. It's 20 stories high; has approximately 14 apartments per floor, and houses over 500 people; four times as many children than are enrolled in Brito. And yes, as most people work 9 to 5, the impact on traffic is very similar. Chair Russell: Thank you for your comments. Ms. Barrow: Thank you. And just one more thing. Just as a mother, I know how important it is to select a school, and how much time and consideration is given to selecting a school for your child. This is not a decision that should betaken lightly. This would put this school out of business, and all of these kids would have to be relocated. It's an extremely important thing on the agenda. Thank you so much. Chair Russell: Thank you. Abigail Woltering: Hi. My name is Abigail Woltering. I'm here for PZ.22. I'm a community member. I live on 25 Douglas Road. The first thing I wanted to talk to you about is the traffic. I'm in support of Brito Miami Private School moving to this new location. I know traffic is a concern for everybody in Miami, including myself. But I could talk to you for probably hours about why I don't think it will be a problem, but the fact of the matter is, it will be a waste of all of our time. A traffic study has been done by professionals that show that there is not going to be a negative impact in traffic in this area, so this is kind of a moot point to keep harping on this traffic issue. Additionally, the size of the school has been decreased to fit the building. While I understand safety issues, it's clearly been taken into account, as well as the staggering of child drop-offs also goes to that. The other thing I would like to consider is the alternatives. This is an incredibly, you know, popular area; something is going to be built here, and if not a small private school that's going to benefit our community, something -- like the trend we see in our neighborhood right now, is big apartment buildings. That is going to significantly worsen traffic; our precious parking spaces are going to be obsolete. So I think that when you consider the alternatives, this is not going to stay empty. This is the best option for this area. And additionally, I would just like to say why I want to validate the other people's concerns about the traffic; I understand why they're concerned. I noticed that multiple of my neighbors said that they had not known about this until two days ago, but most of them spoke at the committee meeting that we had before, so that is not true. Thank you. Chair Russell: Thank you very much. Hello. Liduuina Solares (as translated by official Spanish Interpreter Alfredo Varola): Liduuina Solares. Liduuina -- Chair Russell: Just a moment; we have a hand-held microphone for you, as well. Do we need an official translator? You are. Welcome. Give her the microphone, and then you can do the tran -- There you go. That'll work. City of Miami Page 18 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Ms. Solares (as translated by official Spanish Interpreter Alfredo Varola): Where I'm living now, it's now 40 years that I've been there. I lived at 2972, and then I moved to 3000 29 -- excuse me -- 22nd Terrace. Now, because of my age and the time that I've been living there, I do my transportation and I do my errands. I go to Winn Dixie and Publix, which is close to me. And now, regarding with, you know, my age and how many people have been living there in that area, it's going to be impossible for the neighbors in the area to be able to transport ourselves. And now, in fact, there's been a lot of traffic, and then Coral Way is moving into 22nd Terrace. These kids, from what I have understood, when they arrive, there's going to be traffic there at any hour of time. Then I also understood that they take children to different places; that's another transportation, another movement, so it's going to be impossible for us as neighbors, neighbors that get along well, that communicate with one another well. I apologize, but it's been -- it's going to be so difficult with all the traffic that's going to be there, with all the children that are moving around in that area, even the ones that aren't going to be picked up; you can only imagine. It's going to be very impossible. Thank you so much. Chair Russell: Thank you. Ms. Solares (as translated by official Spanish Interpreter Alfredo Varola): I'm sorry, but -- Chair Russell: Thank you for your comments. Gracias. Hello. Lazaro Fundora: Hi. I'm here for PZ.22, also. I'm in favor of it. My name is Lazaro Fundora. I am a employee, a teacher at the school; not only that, I was an alumni; obviously, an educator, and a father of a student at the school. And I come to speak really, pretty much, about the part of the school with the issue with the traffic. Since last year at our old location, we already had plans prepared in order for -- there will not be an issue with the traffic, which meant we have three different times in the morning where the students will arrive, and three different times in the afternoon when they will depart. So the traf -- obviously, with 150 students, less than 159, and having three different times of arrival and departure, the traffic definitely will be a minimum; also, the safety of the kids, which I thank you, but having a son myself at the school, I can vouch for the safety; that we take that very seriously, and we have haven't had an incident, thank the Lord. And I, myself, work in the arrival and the dismissal of the kids, and there's five members of us that are on top of that constantly. So I just wanted to say the issue of traffic, it's been studied, like was said before, and with three different times, you're going to get a very minimum of cars coming in and out of there. So we haven't had a problem till now; I don't think that will be an issue. Thank you. Chair Russell: Thank you very much. Good afternoon. Reid Horth: Mr. Chairman, I know you've had a long day, so I'll try and keep this brief. My name is Reid Horth. I'm here on behalf of the Brito Private School. I've lived near them for about 10 years now. I've had three homes and two businesses within blocks of the school. I do respect that a lot of people have concerns about the traffic, but because I've lived within the vicinity of this school for as long as I have, I've not seen that materialize as being an actual concern for myself. This is the price that we pay for living in a city. School zones exist. Whether we like them or not, school zones exist. Whether you're in a city or whether you're in the countryside, you're going to have to deal with school zones; traffic tends to go a lot slower there. I did like the gentleman's suggestion about putting in speed bumps and having police officers there; those are reasonable suggestions to have, but these -- this is the price that we pay to be close to shopping, to be close to our jobs, to be close to things. At City of Miami Page 19 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 this point in the zoning issue, something's already been unanimously approved by this body. This is now negatively affecting children; their scholarships, their education, their friendships, and their grades. The stress these children and these families are under is enormous. This is bigger than perceived problems with traffic. Just imagine for a moment spending your entire student life at one school, one which fosters love and passion that this one obviously does elicit. Teachers you know; friendships you foster; a baseball team you fought for and bled for, and earned scholarships as a part of. Now imagine that being taken from you during your senior school; being forced to meet new friends, new teachers; earn a spot on a new baseball team, which has probably already had tryouts, and probably has already chosen a roster. What if your scholarship was revoked? What if your grades have suffered, and the job prospects were affected? All of this would -- because people were scared about traffic patterns. This is the price that we pay for living in a city; some minor slowdowns for the greater benefit of us all. So I do urge you to support the Miami Brito School. Thank you. Chair Russell: Thank you very much. (Applause) Chair Russell: No, no, no. Please, no applause, no applause. Thank you. I understand the passion, but we got a time limit to keep to, so we keep decorum. The Vice Chairman prefers that you wave your fingers if you support something and you'd like to let it be known. Thank you. Keith Anton: Hi. My name is Keith Anton. I'm also here to speak on behalf of Item Number PZ.22, and I'm in support of the school, -just a few briefpoints on the traffic, since that seems to be the majority of the concern. It's a school that's only in operation for 180 days out of the year, so this is not like an apartment building or something that's going to be bringing year -long traffic to the area, as well as holidays and spring break, and things of that nature. Also, the school and the administration has taken special care to make sure that they put in the proper safeguards for the -- to minimize the impact of the traffic, such as the staggered times, and I know they have three different entrances. But I also want to touch briefly upon what the previous gentleman just said; that this school is a school that has strong ties to the community and has been around for more than 30 years and has developed positive pillars of our community and of our city; me being one of them. I've -- based on the foundation that was laid in me by this school, I was able to attend FIU (Florida International University) on a full ride scholarship, which led me to being at FIULaw on a scholarship, as well, and it's things like these that if we were to put up a building are irreplaceable, and it's the futures of tomorrow that are at stake here. And a minimal impact of traffic, in my opinion, does not outweigh the benefits to this City that a strong school and a school that lays the foundation that it has for not only myself, but countless other people does, as well. Thank you very much for your time. Chair Russell: Thank you for your comment. Hello. Juan Bracete: Good afternoon, Mr. Chairman. My name is Juan Bracete. I live at 3000 Coral Way, zip code 33145. And I have been domiciled in Dade County since 1985, and I love Dade County. And I believe that, you know, residential neighborhoods should remain residential neighborhoods. And one of the reasons I moved to the location right now is that I can walk to do my grocery shopping through 22nd Terrace. I see very quiet neighborhood, nice people. And with a school in such a small lot, it's going to adversely affect the entirety of the neighborhood, and that's why I think the school being proposed in PZ.22 should not be allowed. Thank you very much. City of Miami Page 20 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Thank you. Patricia Flores: Hi. Chair Russell: Hi. Ms. Flores: My name is Patricia Flores, and I'm here in favor of PZ.22. I'm a mom of four Brito students, and I've been in the school for the past 13 years. This school is not only a home to us for so many years; it's family. I'm also here to state how beneficial it'll be for the community and for the neighborhood to have a small private school in this area, as they're scarce nowadays. It's an area that is already full of buildings and has so many [sic] traffic. A small school would actually benefit the area. Compared to the -- if you were to leave that area empty, it would probably be bought out, and another apartment building would be made there. This is benefiting a lot of families, as stated before. My students have been here since they started in Pre-K. So I come here today for you to consider our thoughts as parents and as the students. It's not a big school. It's a very small school with fixed schedules to aid the traffic, compared to if there would be a building or many buildings in the area. It would not really affect traffic as much. Thank you. Chair Russell: Thank you very much. Hello. Daymara Lago: (Comments in Spanish not translated). Chair Russell: Por, favor, un minuto. Ms. Lago: Okay. Chair Russell: (Comments in Spanish not translated). You don't want my translation. Gracias. Ms. Lago (as translated by official Spanish Interpreter Alfredo Varola): Gracias. Good afternoon. My name is Daymara Lago. I'm a resident of 2650 Southwest 28th Avenue. I'm a mother of a child at the school Brito. My child started there at five years of age; he's now eight. We're a small community. We're a small school. Personally, I'm very thankful of the Brito family. I come on behalf of all the parents to please help us; let our children be educated there at that school; let our students there appreciate from the Brito School. The effort done by all the teachers and by the school, they prepare our children at Brito. There's been a lot of athletes that have come, like Manny Machado, great officers in our community, great people from the university. What's to keep them from saying that one of the students from the school -- maybe even one of you, here sitting in front of us -- maybe even learn about laws and be just. So why don't we let our children complete this dream, desire. A lot of the children are asking, "When are we going to have a new school, and see the sacrifices that are being put forth by the Brito family?" We're not talking about children from somewhere else; we're talking about kids within this County. We don't want any more bars. We don't want any more -- or buildings within this area. We want more schools for students. Regardless, whether there's going to be a schooling or not, there's always going to be horrible traffic. Our director and our -- and the professors at the school have put together a plan. Within the entrance of the school, we all don't arrive together. We have different times where we go out and come in, as well. That way, we can avoid congestion for the community. Please, again, I beg you, on behalf of all the students here in the community, help us. Chair Russell: Thank you. City of Miami Page 21 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Ms. Lago: Thank you. Chair Russell: That's time. I try to give a little extra time on a translation, because I know they're getting half the number of words out -- Ms. Lago: It's okay. Chair Russell: -- because you -- normally, it would have been 20 minutes. Vanessa Moreno: Hi. Good evening. My Name is Vanessa Moreno. I reside at 5137 Northwest 102nd Court, in Doral, Florida. I'm also a parent. My son will soon, hopefully this year, be able to be a senior and graduate from there, after starting in Pre-K. My daughter is going to ninth grade, and she's been there since she's four years old, as well. I'm not going to tell you about the integrity of the school, because that is not what's in question here, but two things that everybody else has mentioned: traffic. They just opened the Doral Middle Charter School across from my job, which is a one lane, and we're living through it. We're surviving it, nobody's complaining, because we're all looking at the benefit of the children, which is what's most important. I'm a real estate agent. I know the whole City is in construction, and we're building high-rises left and right, where you have 200, 300 units in one parcel. So the traffic is going to exist whether it's us or not. We've made a lot of accommodations with the time, like they said, but the most important thing that no one's mentioned is that most of the students commute to school. My brother has three kids in the school, and they all commute together. My friend, who just spoke, she has four children. Some of the baseball players come in in the same car. Even my son will drive to school and would be able to take students to the school, so that alleviates the traffic a lot. And it's a family -oriented, so there's a lot of siblings and relatives all commuting to the school, which will alleviate traffic. So I -- obviously, I'm hoping that you guys will take all that into consideration and approve Brito. Thank you. Chair Russell: Thank you very much. Michael Slyder: Good afternoon, Mr. Chairman, Commissioners. Quick question. I have handouts for the Commissioners. May I submit that for the record? Chair Russell: Yes, to the Clerk, please. Mr. Slyder: Thank you, sir. Also, I'd like to have these two gentlemen yield their time to me. I don't think I'll be more than four or five minutes. Chair Russell: That's fine. And your name for the record, just -- Mr. Slyder: Sorry. Michael Slyder, formerly at 3050 Southwest 1st Avenue. Many of you know me. Oh, yeah. I'm sorry. Yes. It's -- I'm here on behalf of -- I'm here in opposition of PZ.IS. Chair Russell: Mr. Clerk, do you need the name of those yielding the time, as well, please? Michael Schlasinger: Michael Schlasinger, yielding my time to Mr. Slyder. Chair Russell: Thank you. Richard Linder: My name is Richard Linder. I'm yielding my time to Mr. Slyder. Chair Russell: Thank you. City of Miami Page 22 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Slyder: So it's an exception, pursuant to Section 7268, to extend the nonconforming use, the adult entertainment, for additional 20 years. We believe there are two misrepresentations on that application. One, the applicant believes that they have adult use with the extension of 20 years through May 20, 2050; they, in fact, do not. On September 24, 2015, there was an amendment passed unanimously by the PZAB (Planning, Zoning & Appeals Board) and the Commissioners, and that amendment didn't revise Miami 21; it clarified. And it basically said that the nonconforming original clock, 20 years by right, starts the moment that property becomes nonconforming. If, in fact, the applicant, GROPCO, did get adult use, they received it in April of 2000. It was prohibited by Ordinance 11916 on April 13, 2000. Their first 20 years, in other words, ends next April. Next, the application. The staff or Planning and Zoning actually said that there were no calls for service in the Miami Police Department after April 17, 2018. That is a misrepresentation. We did a FOIA (Freedom of Information Act). There were 453 police calls at Ell even nightclub, the subject property, after August -- I mean, after April 17, 2018. I have them here for you. Included, unfortunately, in this FOIA for the police records, there were 10 -- and count them -- 10 records, calls for police service; 911 service calls that were completely redacted. We thought this to be unusual. Unfortunately, whoever redacted the records didn't know how -- didn't know what they were doing. We were able to un-redact [sic] those records. They're -- in those 10 fully, and we believe illegally redacted, FOIA records, they were eight aggregated assaults, which involved weapons, and two sex offense calls. Out of a thousand calls over a period of a year and a half, 10 were redacted, and they were the most serious calls. I believe that we really do need to investigate this property. In 2018 there was, we believe, an extension of the adult use here, and we believe it was illegal to the rooftop. And in that hearing with the PZAB on May 16, '18, they clearly kept saying, "We're good neighbors in the Downtown Entertainment District. " I was a neighbor. I was an (UNINTELLIGIBLE), but I was also President of Miami Entertainment District Association, and we ran a fantastic off -duty policing service, and I know that's become a contentious issue, but I'm telling you, for seven years I was President and we ran that. They claimed in that hearing that they were good neighbors and wanted to enclose their rooftop. I'm here to tell you that for three and a half years, they played music outdoors in an unenclosed structure, which is a violation of 36-5. You cannot do that. It doesn't matter if you're playing a transistor radio or loudspeakers; you cannot play music outdoors after 11 o'clock. They also violated their 2013 warrant, which was conditioned on not violating the sound ordinance. In the -- we were threatened throughout this process, because I've been trying to stand up and speak to these issues. One of the things I did, I did a FOIA request for the surcharges. Now, as you know, off duty includes surcharges. And they formed a new organization called Nas (phonetic), and that organization I asked for the surcharge. There was a full year in 2018 where they did not pay their surcharge, and I have that as part of the record that I submitted. I want to just conclude by saying that in the end, I'm asking you to look at this property very closely. I spent seven years as the President and donated thousands of hours of my time. I tried to do the best that I could, and I believe that the people that are running this organization need to be looked at more closely. Here's what I also want to say, two things: There (UNINTELLIGIBLE) -- there are 11 24-hour liquor establishments; all of Florida. GROPCO (UNINTELLIGIBLE) has two of those. If you don't extend this adult use, they'll be just fine. They'll be just fine. You (UNINTELLIGIBLE) think that what they're saying here is they want to extend this use, adult entertainment downtown with residential growth going out of control, and look at all these kids here. I mean, we really need to think about -- Do you really want to give adult use till 2050 for people that I believe aren't telling you the truth? I really, really ask that you -- Yes. Thank you. I really ask that you consider what I'm saying, and review the record before you make this important decision. Thank you. City of Miami Page 23 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Thank you, Mr. Slyder. Madam City Attorney, could you take a look at this before we deal with the item, so that we can address it at that time -- Ms. Mendez: Okay. Chair Russell: -- what's been said? Thank you very much. Mr. Slyder: Thank you. Thank you, Commissioners. Chair Russell: Thank you. Commissioner Carollo: Can you clam for me something? Madam City Attorney, is this the same place that we're being sued by on the noise ordinance? Ms. Mendez: Yes. Commissioner Carollo: And who's the attorney that's representing them that is suing the City on their behalf? Ms. Mendez: They just -- I believe -- I will double check -- they just did a change of attorney on that case. It used to be Greenspoon Marder. Commissioner Carollo: The Mayor's firm. Okay. Chair Russell: Thank you. Commissioner Carollo: Well -- Chair Russell: Let's bring it up at the item. Commissioner Carollo: -- I had been hearing rumors that -- I'll save that one for -- Chair Russell: We'll be bringing it up. We've got the item coming up. Commissioner Carollo: I just want everybody to make full disclosures -- Mr. Slyder: Please, one more comment? Commissioner Carollo: -- if they've been there. Chair Russell: Got you. Mr. Slyder: One more comment, please. Two weeks after they expanded their adult use, in my opinion, illegally, the Mayor was hired by Greenspoon Marder. Louis Terminello is here; he directs their Hospitality Program, and the Mayor works under Louis Terminello. Thank you. Chair Russell: Point made. Mr. Slyder: Thank you. Chair Russell: Thank you very much. Next comment, please. Ms. Mendez: Chairman, I wanted to clam. Club Ell even is not suing us under the noise ordinance; it's Club Space. City of Miami Page 24 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Carollo: Oh, okay. Ms. Mendez: They're -- Commissioner Carollo: It's a different one. Ms. Mendez: -- close to each other. I confused them. Commissioner Carollo: Okay. All right. Ms. Mendez: I apologize. Commissioner Carollo: And how many clubs do we have there now -- Ms. Mendez: In that area? Commissioner Carollo: -- in that area? Yeah. Ms. Mendez: Two or three? Chair Russell: There were three; one of which was -- Commissioner Carollo: Really? Chair Russell: -- (UNINTELLIGIBLE). Commissioner Carollo: Only that? Chair Russell: Yeah. Commissioner Carollo: And big operations that are causing so much excitement. Chair Russell: Let's take it up at the item, though. We'll have a full discussion on it. Sir. Oscar Solares: Yes. Hello. My name is Oscar Solares. I reside at 3014 Southwest 100th Court, and this is -- I'm also speaking on behalf of my mother, which resides at 3000 Southwest 22nd Terrace, and we also have another property on 2972 Southwest 22nd Terrace, to which my family and I have lived there, on and off, for the past 43 years. My concern is we're opposing the Brito School relocation. Naturally, because of our time that we've spent in this neighborhood, we cherish the proximity to everywhere that we can go; especially my mother that's 85 years old, and she wants to move around. She needs to get from point "A" to point "B. " With the proposal for Brito School, the traffic that we're looking at that is actually going to be queuing back towards 22nd Terrace, that's going to present a large number of backups on 22nd Terrace. It's only a two-lane highway; therefore, if someone needs to get around it, they're going to go in oncoming traffic, creating a potential for a safety issue either for the residents of 22nd Terrace or for the students themselves. In the traffic study conducted for the FDOT (Florida Department of Transportation) for their old existing site, they had a trajfic volume of approximately 9,600 cars per day; whereas, in the proposed location facing Coral Way, there's a volume of 38,500 cars per day, resulting in about 400 percent increase in traffic. This traffic is only exacerbated by the fact that the arteries that are basically moved to other streets, such as 22nd Terrace, they pose another threat with additional traffic when people are trying to bypass the Coral Way traffic. As a result, the school location presents a major logistical and safety issue for the residents and for the children of the school. So I definitely oppose the move. City of Miami Page 25 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Understood. Thank you very much. Hello. Yunedy Silva: Good afternoon. My name is Yunedy Silva, 3300 Southwest 23rd Terrace. I'm sorry. Chair Russell: Little closer. Ms. Silva: Okay. My name is Yunedy Silva, 3300 Southwest 23rd Terrace, 33145. As a resident of Miami, I am very happy with a new school, Brito, because the school location is convenient for the residents in the area. The school only has about 159 students, so that mean that the traffic will not be a problem for people around the area. Please approve Brito. Thank you. Have a nice day. Chair Russell: Thank you very much. Hello. Anna Gonzalez: Hi. Good afternoon. My name is Ana Gonzalez. I live at 3000 Coral Way. I've been therefor about five years. I'm here on behalf of the PZ.22, opposing not the school, which I think is very important to clam, but the relocation to that specific site. I think that I speak on behalf of all of our neighbors who have come in against the relocation; that again, it's not against Brito. They do great things. And it's just the difference from where they've been for the last 40 years on 32nd Avenue, where they have been flanked essentially by roads on all sides of their property and two stoplights to help mediate traffic. It's significantly different than a street that is no more than -- I don't know -- maybe a thousand feet deep, where the driveways that would come onto 31st Avenue are essentially mid -street; where there's supposed to be two lanes that they're proposing are going to come out of their driveway, forcing people automatically to turn right on 31st or left on 31st, which only leaves space for three cars before you get to either intersection. For those of us who live in the area, specifically in my building, when the building was constructed, there were ordinances in place at that time that did not allow anything to come out onto 22nd Terrace, because it was residential, and they wanted to preserve the neighborhood. We were not allowed that, and suddenly, this school is getting that variance. That's okay. You are the ones that made that decision, but I think that that original zoning was done for a reason, which is, there are a lot of elderly citizens, there are a lot of children, there are a lot of dog walkers; we have a lot of pedestrians. I, myself, used to ride my bike to work. I work at Mercy Hospital. I got hit by a car in December on those very same streets, because there is -- it's not traffic. We're not complaining about backup. It's not that it's going to take us an extra two minutes. It's when a child is suddenly distracted and gets out on the road, the streets are this big. You're either going to hit another car or you're going to hit a person. Pick what you choose to hit. If you are on Coral Way, which, by the way, if you've seen the property, you would notice that where their only playground is located, which is the size of a postage stamp, is directly on the intersection of Coral Way and 31st Avenue. There is a U-turn that, yes, it's illegal, but people do it all the time at a high rate of speed, and if anybody who drives down Coral Way and tries to make a turn on any one of those streets, there's very limited visibility. If you're trying to make a U-turn and avoid traffic headed east on Coral Way, you're going to cause an accident, and the likely place where those cars are going to go is into that playground. There's a million other things I could say. Chair Russell: Thank you for your comments. I'm sorry; we only have two minutes for each person. Good afternoon. Zoila Santos: Hi. Good afternoon. I have my phone to read, so I don't get carried away. My name is Zoila Santos, and I'm here to speak in support of Brito Miami Private School, Item PZ.22. As a resident of the City of Miami and alumni of Brito City of Miami Page 26 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Miami Private School, I can only speak wonders of the school, but we'll be here for a while. The education that I was instilled throughout my life has made me pursue a career in education, and I deem it so important in our everyday lives, and I'm very passionate about it. Traffic is a big issue; yes, that's true, but Miami is a metropolitan area. It's all around us. There's more high-rise buildings, shopping; you name it. We'll have more traffic, and we will deal with it accordingly. I believe that for parents in this day and age, having a peace of mind is something that is invaluable. Growing up in a fostering, loving school is something that I will forever be thankful, and I hope many generations to come can experience what this fine institution has to offer. The school continuously gives back to the community, instills value, and is honestly a true gem for the City of Miami. So thank you very much for this opportunity. Chair Russell: Thank you. Hello, sir. Ronald Zollo: My name is Ronald Zollo, Z-O-L-L-O, and I reside at 3068 Southwest 21st Terrace. I haven't heard anybody speak about the north side of Coral Way. That's a two -block area that's confined by dead ends in two areas. The only way in and out is off of Coral Way or from 32nd Avenue. I've lived there for 45 years on 21st Street; moved to 21st Terrace several years ago. And there's a lot of new construction going on therefor new houses. What you're not considering here is the fact that there's no U-turn signs on Coral Way. U-turns are made all the time. It's very, very difficult, and it's a life threatening situation that I experience two or three times a day to get out of my neighborhood, which is a limited two -block area, onto Coral Way to go to my office on Southwest 27th Avenue. I'm Professor Emeritus from the University of Miami; I know all about transportation. The fact that they're going to have staggered times, three hours, and drop-offs and pickups, only means that the traffic's nightmare is going to be that way all along Coral Way for practically all the working day. The businesses there are going to suffer. The people on the north side of Coral Way -- we've heard a lot about the south side, and that's definitely a problem; I see it every day. The people on the north side of Coral Way are going to be trapped and are going to be risking their lives to get out onto Coral Way. That's a very serious problem. That's all I have to say. Thank you. Chair Russell: Thank you. Thank you for your concern. Hello. Olga Caseres (as translated by official Spanish Interpreter Alfredo Varola): Good afternoon. My name is Olga Caceres. I live at 861 Northwest 17th Court. The purpose for me being here today is that we received more than one notice of this zoning. To be honest, I don't understand what's going on here, and I'd like to see if you guys can guide me on what's going on in the zoning in this area. On that side of the street, the homes are already all built. I don't understand why -- what's the purpose of changing the type of zoning from single-family to multiple family. I don't know what the motive may be, where it will benefit us or go against us. Commissioner Carollo: What's the address again? Ms. Caseres: 861 Northwest 17th Court, Miami, Florida 33125. It's like a block away from the Marlins Stadium. I've been living therefor 36 years. It's not easy for me to move from that area, because, you know, then they don't want to pay you well enough, so you have to end up moving to either neighborhoods that you don't know of or homes that are very old. Chair Russell: Thank you. Ms. Caseres: I wouldn't know how that'll benefit us or not. If you could please explain that to me. City of Miami Page 27 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Thank you. Gracias. Ms. Caseres: So what now? Commissioner Carollo: (Comments in Spanish not translated). Chair Russell: Thank you very much for your comments. Commissioner Carollo: I said to her is, she's going to have to come back in the -- later in the day, where we -- when we hear this item, so she could hear the discussion and she could make up her mind if that's going to benefit her or not. Chair Russell: Thank you very much. Joseph Napoli (Deputy City Manager): Mr. Chairman, Francisco is available to speak to her, as well, so you know. Chair Russell: Sir -- Commissioner Carollo: Please. Chair Russell: -- if you'd like to take her over to the Director of Planning, he'll be able to help out, answer some of her questions. Hello. Lissandra Perez: Hello. Good afternoon. My name is Lissandra Perez Brito, and I'm here to talk about PZ.22. I'm for relocation of Brito Miami Private. So I understand the concern about traffic, and I know everyone has spoken about that, but I also want to talk about education and the impact on the community, the Miami - Dade community. I want you all to know that I'm an alumni of Brito Miami Private I'm an ex -employee, and I'm also a member of the Brito family. And with that, I'm the fourth -generation educator of my family. I currently work at FIU in their pre- college programs, and I assist students in their path to college, and when -- I'm talking minority students, low-income students. So education in the community is one of my passions. Now, I want to say, is this the right location for a school? I say, absolutely. Right? This is the right location to foster education. And along with education, it's the right location to foster academic, social, emotional, professional development. That is what the community needs, and that is what the youth of today needs. And when I talk about education, it's of the utmost importance, right? Why? Because we are all today sitting in this room where we are because of the education that we got growing up. We all learned how to read and write, starting in kindergarten. We learned how to debate in high school. We graduated cum laude because of our education and undergraduate, and we got into the top graduate school because of the education that we got growing up. So, once again, please give us the opportunity to help these students through their development. And the last thing that I want to say is what's going to benefit our youth in the community more? Another high-rise? Another restaurant? Another storefront? No. It is a school. It is Brito Miami Private. Chair Russell: Thank you for your comments. Again, once you make your comments, please leave the chambers; there's still a lot of people stuck outside that can't even get in yet that'd like to speak and get a chance. So once you're done speaking, please clear the chamber and the lobby so they can come in. We're at maximum capacity. Thank you. Hello, sir. Mauricio Ferrer: Good afternoon. My name is Mauricio Ferrer. I live in 3000 Coral Way, and I'm talking here about the PZ.22, to oppose the relocation of the City of Miami Page 28 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 school. This has nothing to do with Brito's legacy or the education; it's with the selection of the new site. So in regarding to the site, like no two sites behave the same. The traffic can be managed in 32nd Avenue. It's a very different scenario in this new location in 22nd Terrace and 31st Avenue. The other thing is -- I mean, people have talk about the traffic a lot today, so I want to talk about what is happening inside the property. On the presentation that was done to us from the people from Brito, pretty much, what they have is an entrance from 22nd Terrace going out to 31st Street. Usually, when you do a school, there are design guidelines where you're supposed to separate parents' drop-off, parking, service entrance, everything like that. This lot is so tiny that everything is happening in the same place. This is a safety hazard for the kids that are being dropped at the school. This is also increases traffic on 31st and 22nd, like everybody's been saying. And not to mention, this is 159-students school. That building is very small. I don't know how are they going to confine all those students into that building. So codes and zoning, and all those regulations are for a reason. I believe it's for the well-being of the people that are occupying those properties and using those buildings; also for safety. I don't think this site selection is going to work for the kids. I think it's detrimental to the well-being and safety of the students, because it's very tiny, and it doesn't provide any advantages to have a school in there. Thank you. Chair Russell: Thank you very much. Hello. Lissette Rodriguez: Hi. Good afternoon. My name is Lissette Rodriguez, property owner of 2545, 2615, and 2544; business owner and former student of Brito. We agree and strongly support the school. I believe the school has been a great asset to the community; a school of great reputation, having strong education, moral values, and after -school activities. I was a student at the school in 1986. I am now a parent of the school. We ask you, please keep this small family school open for generations to come. Thank you for listening. Chair Russell: Thank you. Hello. Maria Kennedy: Good afternoon. My name is Maria Kennedy, and I oppose PZ.22. My address is 2245 Southwest 31stAvenue. I live right behind. My main concern -- I've been endured with the burden of having a Dade County Public School bus pick up students right in front of my house. I often time have parents parked in front of my driveway, waiting for the bus to get there to drop off their kids. I totally understand that they're kids, and they don't want to leave their kids parked there, but I've oftentimes had to have gotten out of my house, knock on their door, so I can pull out my car, so I could make it to work on time. Okay? Having Brito there -- Brito's not the issue. It's just having that school there is going to have so much traffic. Three different times is going to be three different blocks of traffic, okay? My daughter went to a private school, a charter school, as well, which was proposed for 150 kids; ended up being over 300 kids in the school, and it was crazy for me to pick her up. We had parents, grandparents, and family members park an hour before pick-up and drop-off to be able to get there on time and drop off their kids. I live with my parents, 85 and 89, which have First Responders all the time in my house because of their illness. I fear that First Responders are not going to be able to get to my house because of the trajfic. Once again, I have nothing against the school. I wish the very best for them. I just don't think that that area is proper for this school. Thank you. Chair Russell: Thank you for your comments. Hola. Christina Hernandez (as translated by oj5ricial Spanish Interpreter Alfredo Varola): Good afternoon. My name is Christina Hernandez. City of Miami Page 29 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: (Comments in Spanish not translated). Ms. Hernandez (as translated by official Spanish Interpreter Alfredo Varola): My name is Christina Hernandez. I'm here in favor of Sedanos, that they want to build on 44th Avenue, and we need that Sedans there. That's the reason why I'm here, to be in favor of it. I live on 855 Northwest 45th Avenue, Apartment Number 24. We need for our community that Sedanos to be there. Thank you very much. Chair Russell: Thank you. Next speaker on this side, please. Please come on up to the lectern so we can just switch right over to the next one when we're ready. Jesus Barreras (as translated by official Spanish Interpreter Alfredo Varola): Good afternoon. My name is Jesus Barreras, from Smather Plaza. I am the President of (UNINTELLIGIBLE). Chair Russell: We can't hear you; I'm sorry. Sir, what's best is if the other mike goes to the speaker, and you carry the hand-held. Mr. Barreras: Okay. My name is Jesus Barreras. I from Smather Plaza. I'm the President of the community. Chair Russell: Smathers, yeah. Mr. Barreras (as translated by official Spanish Interpreter Alfredo Varola): Probably going to speak in Spanish. Is that okay? We (UNINTELLIGIBLE) since it began. I was the President before and now I'm the President again. And what I want to convey is the following. The residents, we have more than 300 apartments there. You've seen, we're very happy with the transformations that have done there. We're very happy. We'd like to put your [sic] faith in you to be able to go forward and do what you've been doing so far, and the faith that we put in this Commission has been (UNINTELLIGIBLE) opportunity also. I would like to -- he's not (UNINTELLIGIBLE) because he's out on -- celebrating because of re-election. Thank you. Chair Russell: Thank you. Hello. Bring the mike down. Karla Castro (as translated by official Spanish Interpreter Alfredo Varola): Good afternoon. My name is Karla Castro. I'm here in favor of the Sedanos that's being done. We need people in the community so that it's going to be close enough for them to be able to purchase things. It's a place that we want for people to be close by. It's favorable for the people in the area. Obviously, God provides a place that's going to be close enough for people, for the people who are elderly that need a purchase in that area that's favorable for them. We hope that it is (UNINTELLIGIBLE) close (UNINTELLIGIBLE) because it's -- we want a place that's close for everybody so that they can purchase the things that they need, and the supermarkets are very far. Do you understand? God willing, we hope that the project goes forward for Sedanos; and obviously, God first; hope everything goes well, yes. And thank you for everything. Chair Russell: Thank you. Gracias (UNINTELLIGIBLE). Thank you. Hello. Jorge Cibrau: Good afternoon. My name is Jorge Cibrau. I am the Development Division Director for Miami -Dade Public Housing Community Development; address is 701 Northwest 1st Court. I'm here on PZ.18 and 19, in favor of the Smathers project. We're going to be providing 139 units inclose coordination with Commissioner Manolo Reyes. These are for low-income seniors at the Smathers City of Miami Page 30 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 site. So we are very glad that we can add to the affordable units initiative, if you will, and I think we'll all be very proud of the results. Thank you. Chair Russell: Thank you for your comments. Johanna Mayorca (as translated by official Spanish Interpreter Alfredo Varola): Good afternoon, gentlemen, who are present here. Good afternoon, public. My name is Johanna. I'm here to -- in favor of the Sedanos that's on 44th Northwest and 7th Street. Her position is that we're in favor -- her position is to be in favor of the Sedanos. It'll be in favor of a lot of the people there who are already retired. There's no Sedanos on 7th Street, and a lot of people who are retired have to travel very far. We ask you that, if it's possible, for you to assist us with that project. It's in our favor and, obviously, it brings in jobs. Thank you very much, and have a good afternoon. Chair Russell: Thank you. Commissioner Carollo: (Comments in Spanish not translated) Presidente. Chair Russell: It's a rhetorical question; don't worry, don't worry. Next speaker, please. Jasmine Tiel: Good afternoon. My name is Jasmine Tiel, and I live in 2882 Southwest 35th Avenue. I could stand here and talk as a staff member of Brito, as an alumni, and as a resident of the City of Miami. I can tell you that the best decision my parents did was to enroll mein a small, private, family -oriented school. Not only did they provide me with exceptional academic skills, but they also instilled in me moral values and principles. We need more of this in our community, since our children are the future. I have never meta more promising and encouraging staff. Not only were they my teachers, but they have been my family for 26 years. I am very content with the location we have chosen, making it very beneficial to the area, instead of having bars, apartment buildings, or stores, which will only cause even more traffic than what our school could possibly make. I assure you that the way we handle student entrances and dismissals is done in an organized manner. Our previous location was just a few blocks away, and we had no issues with traffic; although there was another school in our same block. We are a very small facility, and we have different time frames facilitating any traffic concerns residents might have. I have been doing elementary dismissal for a few years now, and I can certify we take no more than 15 minutes to dismiss our students. I think our community would greatly benefit from such a great school that has not only impacted my life, but the lives of many. Traffic is everywhere in Miami, but trust me when I tell you, my principal will do whatever it takes to minimize it and do whatever so that residents don't have any concerns. My wish is for my school to be approved to continue the legacy Mr. Brito once started. Thank you. Chair Russell: Thank you. Next speaker, please. Juan Jose Augulo: Okay. I prefer in Spanish. Chair Russell: (Comments in Spanish not translated). Mr. Augulo (as translated by official Spanish Interpreter Alfredo Varola): My name is Juan Jose. I live in 4550, on 9th Street, which is very, very close to where the construction is being planned to do. I agree with what the lady had said, but there's something also that's very important. Where we live, there's 375 apartments; of those 375, the majority of them are Plan 8 (UNINTELLIGIBLE), and (UNINTELLIGIBLE) what's the issue. There's only two little bodegas there, and I City of Miami Page 31 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 don't want to cause an issue for anybody. They're too expensive, especially for the people who are low income. No, it's the truth. It's the truth. Chair Russell: Just a moment. Could the translator speak clearly and not while he's speaking? Thank you. Mr. Augulo (as translated by official Spanish Interpreter Alfredo Varola): Oh. Chair Russell: Gracias. Mr. Augulo: And so, I see the difficulty of the citizens that are having within the area. They complain about the prices. I will. I'd like for the biggest effort to be put forward so that we can have a Sedanos in that area. And, you know, I apologize. Chair Russell: Not at all. Thank you. Hello. Ernesto Anton: Good afternoon. I know you guys have a long day, so I'll try to be as brief as possible. My name is Ernie Anton, and I'm basically the face of Brito Miami Private in this transition that, unfortunately, was upon us, because after 35 years, the prior landlord decided not to renew us, and that's why we're in this situation. I got to tell you that this has been the most humbling experience. I've been a real estate -- successful real estate broker for over 25 years, and this has been an eye opener. We've been through a very rigorous process over -- since February of 2019. We have met with different people from Dade County, City of Miami. I got to tell you that there hasn't been one suggestion that hasn't been given to us that we have not said 'yes" to. One very important factor that a lot of people are not taking into consideration is that 92 percent of 154 kids -- that's what we have enrolled right now -- are in the City of Miami. They -- currently, over 52 percent are enrolled, where Manolo Reyes, our Commissioner, is located. We have met several times with the community. Some people here, I guess they're misleading a little bit, but we have met. We have over 300 letters from residents of the City of Miami approving us and supporting us. And I had a meeting, and our attorney said, "What? Are you crazy?" I give them my personal phone number, and I told them, if they needed anything, or anything that we needed to deal with that I will deal with it personally. I don't want to take more time. I'm here to -- in favor of Brito Miami Private, and I hope that you weigh the goodness versus a little of inconvenience for the greater good. Thank you very much. Chair Russell: Thank you. Hello. Katryna Anasagasti: Hi. Good afternoon. My name is Katryna Anasagasti. I'm the Assistant Principal, as well as the Government teacher. So first off, I want to thank you for giving the students that are here an opportunity to see government live in action. We do respect the viewpoints from the residents who are concerned with the traffic, but I couldn't be their teacher today if I didn't stand up here and say sometimes -- like I said, at the neighborhood meeting, sometimes we have to be slightly inconvenienced to be able to continue to provide this education that we do to the kids. There's a reason why our schools exist. If parents wanted a school with 3, 000 students, then they would have already enrolled them in one of the neighboring public schools, but parents like to have the choice of a small community. Parents like to know that one of us is always there in the morning to greet them and say, "How's your kid feeling? How's everything going?" And that's part of the choice that we offer them. The building is small, because we're a small school. And to separate the legacy of Brito Miami Private School is impossible. We've educated students for 35 years. As we submitted last time in the hearing, we have successful alumni who have reached out, who have sent letters in support in every single field you can imagine; from the military to medicine. So once again, I thank you for City of Miami Page 32 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 listening to us and for granting us this opportunity, and I ask you to please approve Brito Miami Private. Chair Russell: Thank you very much. Hello. If there are more people who'd like to speak, please come close to the microphone. If you're not here to speak -- I'm not sure if we still have a capacity issue in the lobby. Sergeant -at -arms, where are we? We're good? All right. Hello. Qiana Mays: Hello. My name is Qiana Mays. I'm here to -- Chair Russell: Microphone, please. Ms. Mays: Okay. Chair Russell: Come closer. That's it. Ms. Mays: Hello. My name is Qiana Mays. I'm a homeowner at 3797 Frow Avenue, in the City of Miami. I'm here to -- as a parent of a daughter who's been at Brito Miami Private for nine years. I'm not going to address the education at the school, because that's not the issue here. The point is that residents are complaining about the traffic; however, our school does not cause traffic. We were on 37th Avenue forever. There was never a traffic issue; wasn't a traffic issue until the Charter school was placed there. We abide by the rules. We don't park in front of houses. We stayed on the property when we were on 30 --off of 32nd. There won't be any issue. We are -- we have staggered times, and it does seem like three times a day is more traffic, but it's not when it reduces the number of parents that are there. We drop off our kids, we pick up our kids, and we'll leave. We have to get to work, just like everybody else have to get to work, so we're not trying to inconvenience the neighborhood; we're just trying to get our kids there, and we will do that without causing any issues, whatsoever. I know it's off of Coral Way, but the traffic on Coral Way is already there. We're not adding anything that's not already there. Us going down the side entrance will not increase or cause any problems, whatsoever. So again, I ask to approve Brito. Chair Russell: Thank you very much. Next comment. Gian Luca Spriano: Good afternoon. My name is Gian Luca Spriano. I am here on behalf of Helbiz. We are a tech company that want to participate to the pilot test that's for the electric scooters and the bikes. I just wanted to say that as a company, and hopefully as a new operator in the City of Miami, we are thrilled about this opportunity, and even more to create a greater relation with the City and the community. Thank you very much. Chair Russell: Thank you. Javier Avino: Javier Avino, with law offices at 1450 Brickell Avenue. I'm here on SR.1, on the pilot legislation. I represent Deco Bike, which are -- is the operator through the RFP that was awarded to them by the City of Miami and the partner of the City in a revenue -share agreement for the docked bike stations. And what I wanted to point out today is a number of things regarding this legislation. First and foremost, we're calling them "motorized bikes," but they are, "dockless bikes." That's an important fact and something that changes or should change at least your mindset on how these are regulated. I think it's really important to note that this was brought in as a pilot program. We're still evaluating whether this is something we want to move forward with and go through an RFP process like was done on the Dock Bike Program. And so, to introduce a new component -- meaning, the dockless bikes -- into the Scooter Program seems a bit premature. At the very least, I suggest City of Miami Page 33 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 that the dockless bike portion, if the will of the Commission is to move forward with scooters, that that move forward, and you can come back in six months and assess where you're at with that, and then assess whether you want to expand the program into a dockless bike system. I can and will leave you with literature of what other communities have done and what it has done to other communities in the past, so that you guys are entering into this with very opened eyes. The motorized component is something that can be captured in a docked system. In fact, we have been working with the City of Miami and the Transportation Department to that end to introduce an electric component, but the electric component would be in the current RIP docked stations so that the bikes are not relegated all over the City. And so, I think it's really important that we look at this very carefully, and we make sure that if there is a will to do the scooters that the dockless bikes be done under a separate pilot program, if that is the will of the Commission. And also, if there is a will to keep both of these systems in this legislation, we would ask that, at the very minimum, proper regulations be put in place that create barriers around trying to dock scooters and bikes into the dock stations. There's pictures that I will show you of incidences where the scooters and the bikes are being docked throughout the current deco bike system. So thank you for your time, and I urge that the Commission not include the bikes -- the dockless bikes in the pilot program extension. Thank you. Chair Russell: Thank you very much. Hello. Anyone else that would like to speak, please come up to the lecterns. Vivian Del Olmo: My name is Vivian Del Olmo, and I am a resident and business owner in the City of Miami, and I'm here in favor of Brito Miami Private. I feel that the City of Miami is in need of more -- to keep a small affordable private school in its City. I feel that the school could have taken their -- you know, could have left the City, and it says a lot that they wanted to keep it. And I feel they are a small school that wouldn't impact the traffic. I used to go by 32nd Avenue all the time, and I never ever saw an issue with traffic in that area. They stagger their -- you know, their dismissal, and I'm sure that they would do anything that is asked of them to accommodate any suggestions that you may have. And I hope that you will let them continue their legacy. I've had many friends and family members graduate from there, and they are exceptional, you know, citizens and I hope you would let them continue their legacy. Chair Russell: Thank you. Mr. Zichella. Eric Zichella: Thank you, Mr. Chair. Eric Zichella, 2100 Coral Way, P3 Management, on behalf of our client, "Spin, " related to SR.1 -- or excuse me; Second Reading 1, correct, Mr. Chair? Chair Russell: SR.1, second reading. Mr. Zichella: Correct. Okay. I'm here to talk about the ordinance, and we would like you to pass the ordinance and extend the pilot program, but we have some concerns related to some specific elements of the ordinance; merely related to enforcing safety standards and penalizing operators who follow your safety standards and some operators do not. There's also issues with certain operators not governing their vehicles properly; either outside the geo fence, not governing their vehicles at all, going above the speed limit. We're concerned about all these issues. We'd like to see a sustainable program that can continue that can work for everyone at the City. We're concerned about the number of scooters some of the operators are dropping in the street. We consider that litter on the street. They say they're not operational; far in excess of the number of scooters that they're limited to in their fleet size. So we've prepared some amendments to address all of these issues, along with some of the data inconsistencies and inaccuracies that have existed on the City of Miami Page 34 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 platform. We believe that these amendments will go a long way toward helping the program to exist in a sustainable way in [sic] a permanent basis. We'd just appreciate your favorable consideration of those amendments. Most of you have seen those amendments. If you don't, they'll be provided to you before the vote. Appreciate your time. Chair Russell: Please hand them to the Clerk. Thank you very much. Hello. Aycel Auador Alayeto: Good afternoon. My name is Aycel Amador. I'm a resident at 3132 Southwest 16th Street. I'm here in favor for Brito Miami Private. I'm a new parent. My son attended Christopher Columbus High School the last two years. And due to an employment change for me, I was no longer able to drive him every day, all the way to Westchester, and Brito Miami Private opened their arms to us. They welcomed us. The convenience of being able to sometimes just drive four minutes and have him in school, in a private school sector, it's wonderful. I ask that you consider this, because just like us, you know, there's a million parents in the area that might need that convenience of not having to drive out of their way to work in order to take their children to school. And I also wonder -- you know, I know the inconvenience -- the slight inconvenience of maybe more traffic, but my children also attended St. Peter and Paul Catholic School, which is in another residential area, and a much larger school, and I never really saw a problem with the residents in the area. I think it's something that's able to be worked around. And I think the greater good is, you know, the education of our children for the area. Thank you. Chair Russell: Thank you very much. Hello, Elvis. Elvis Cruz: Good afternoon, Mr. Chair. Elvis Cruz. I have a question. I was hoping to speak to the appeal, which I believe is PZ.8. However, I also want to speak about two other PZ items. I think you mentioned earlier that if we wanted to speak to the appeal, we could speak to it during that time when it comes up. Chair Russell: Yes. Mr. Cruz: Okay. Chair Russell: You could speak to it now or when we take it up; not a problem. Mr. Cruz: Okay. So what I'd like to do is speak to the appeal when it comes up and just address briefly this other, PZItems 10 and 11. Chair Russell: Yes. Mr. Cruz: Okay. So PZ.10 and 11 are the up -zoning of single-family homes in the Grove Park neighborhood. I believe there's about eight or 10 different properties that are called to be up -zoned. I can't tell you how many times I've been at these podiums asking the City Commission to please protect single-family neighborhoods. My favorite quote from Francis Suarez is as follows: "Single-family neighborhoods are an endangered species in the City of Miami. " Please preserve our single-family neighborhoods. They're not making any more of them, and it seems like they're forever being chipped away a little at a time. They are an important part of our society. They are the backbone of our society, a place where someone owns their own home, their own yard, their kids can play; the white picket fence, (UNINTELLIGIBLE), the whole nine yards. Please, protect our single-family neighborhoods; do not allow them to be up -zoned. Thank you. Chair Russell: Thank you very much. Hello. City of Miami Page 35 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Alejandro Carrasco: Good afternoon, Mr. Chair. My name is Alejandro Carrasco. I'm here for the approval of the relocation of Miami Brito Private School. And as a resident in the City of Miami for the last 39 years, I've lived and worked in many multiple cities throughout the City of Miami, two in -- I've worked in two jobs in Coral Gables, one in Coconut Grove, one in downtown, and one in the port of Miami. I am very aware of the traffic situations that we have throughout Miami, but as a constant and it's a known fact throughout the entire City, so I'm not here to bore you on that. However, at the same time, all the complaints relating to the relocation of this school, relating to the traffic patterns, can be easily resolved with a simple school zone where the speed limits will be reduced to 15 miles per hour, which is very common in every single school area. We -- the drop-off and pick-up zones are also going to be within the same parcel of the actual school, so it's not going to be in the street. They're not going to be dropped off out on the street or on Coral Way. It's very safely contained within the actual facilities. So I just wanted to sort of reiterate that and let -- and remind you all about the unanimous decision that was done beforehand by the Zoning Committee that this was passed earlier. Thank you. Chair Russell: Thank you very much. Is there anyone else hereto speak on public comment? Is this the last speaker? Got a few more. Come on up. Sir, you're up. Adam Gettinger: Thank you, sir. My name is Adam Gettinger. I am one of the property owners; relating to PZ.10 and]], and I would like to say that I am in favor of PZ.10 and 11 being approved. Thank you. Chair Russell: Thank you very much. William Talbert: Good afternoon. Bill Talbert of your Greater Miami Convention and Visitors' Bureau. I'm going to be very brief. PZ -- Vice Chair Gort: Where's the check? Mr. Talbert: Pardon me? Vice Chair Gort: Where's the check? Where is the check? I thought you were going to bring a check. Mr. Talbert: Where's the check? Vice Chair Gort: Yes. Mr. Talbert: Check's in the mail. Check's in the mail. I gave it to Commissioner Hardemon on Monday. Thank you, Commissioner. Bill Talbert, your Greater Miami Convention and Visitors' Bureau, speaking on behalf and support of PZ.16, the amusement ride, Ferris wheel, for Bayside Marketplace. Let me just say, we all grew up with Ferris wheels; I know I did, and so I'd love to see a Ferris wheel right downtown in the City of Miami. We were in Atlanta last year for the Super Bowl. And in the Olympic Centennial Park, they had a very similar Ferris wheel, and it was the backdrop all week for ESPN (Entertainment and Sports Programming Network) when they broadcast from Atlanta on the Super Bowl, so it was kind of a high-tech, high -touch approach. We're supporting it. Oh, yes. Thank you. Chair Russell: Thank you very much. Is there anyone else here who would like to speak on public comment? Mr. Monty Trainer. Monty Trainer: Thank you. Monty Trainer, 2649 South Bayshore Drive, Coconut Grove. You know, you have to say one thing. You know, you only walk this way one time. And when you've had the opportunity for over 50 years to come and speak City of Miami Page 36 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 before the City Commission, and to see today the number of folks that come up and start speaking, and what a wonderful thing we have in the City of Miami that allows this forum, where everybody can speak either before [sic] or against, and it's a wonderful thing, and it's a wonderful privilege, and I certainly appreciate it over the years, and I feel like I'm in sort of a fraternity. I was here, but it's -- I just wanted you to know how great it feels to be part of this whole thing. And after saying all this, Bayside is really the lynchpin of what's happening downtown. And I think what they do now, as far as -- like the other day, we had -- I was with Pam Weller, and we had the "Battle of the Bands," and we had -- over the last three years, we've had about 200 local bands come down and audition; local, mind you. The play at Bayside at the (UNINTELLIGIBLE). This is -- and I was sitting there watching this, and I must have seen 15 boats go back and forth, back and forth. This is truly the entertainment of downtown Miami, and anything we can do to make this happen and make the Ferris wheel to be -- This is an iconic area, and I think we should appreciate it as much as the tourists do. We get 25 million tourists that come there. This is really the center for downtown. And I want you to know that I'm all for the Ferris wheel and anything that Bayside wants to do, because they're great community partners. Thank you. Chair Russell: Thank you very much. Is there anyone else here who'd like to speak on public comment on any of the agenda items, non -budget? This will be the last opportunity. Anyone else? All right, we're closing public comment. MV - MAYORAL VETO(ES) END OF MAYORAL VETO(ES) City of Miami Page 37 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 6451 A PERSONAL APPEARANCE BY COMMISSIONER ESTEBAN BOVO JR. REGARDING A PRESENTATION ON THE 2020 CENSUS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PA.] was deferred to the October 10, 2019, Regular Commission Meeting. For minutes referencing Item PA.], please see "Order of the Day. " END OF PERSONAL APPEARANCE City of Miami Page 38 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 CA - CONSENT AGENDA CAA RESOLUTION 6390 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE WATER AND SEWER DEPARTMENT ("WASD") FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR PBA FERN ISLE PARK, OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40- B40543; ALLOCATING FUNDS IN THE NOT TO EXCEED AMOUNT OF FOURTEEN THOUSAND, FOUR HUNDRED TEN DOLLARS AND SEVENTY-FIVE CENTS ($14,410.75) FROM OCI PROJECT NO. 40-B40543 FOR THE PAYMENT OF WATER AND SEWER CONNECTION CHARGES TO WASD. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, Consent Agenda item CA.1 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv Of Miami Page 39 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 CA.2 RESOLUTION 6391 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of Capital AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN Improvements AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) ("GRANT") FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") FOR THE INTERSTATE 395 (1-395") OPEN SPACE AND MOBILITY CONNECTIVITY PLAN AND APPROPRIATING SAID GRANT TO THE OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B193621 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL GRANT AGREEMENT ("GRANT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OMNI CRA, AS WELL AS ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE AND FOR COMPLIANCE WITH THE GRANT AGREEMENT; ADDITIONALLY AUTHORIZING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY OFFICIALS IN ORDER TO UPDATE THE RELEVANT CAPITAL PROJECTS, FINANCIAL CONTROLS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION WITH THIS GRANT IN PROGRESS AND PROVIDING FOR INCORPORATION OF THIS GRANT FOR THE PROJECT INTO THE CITY'S MULTI -YEAR CAPITAL PLAN, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, Consent Agenda item CA.2 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 40 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 CA.3 RESOLUTION 6412 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENT WITH WSP USA, INC. ("WSP") FOR THE PROVISION OF CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS — IINTERSTATE- 395 OPEN SPACE AND MOBILITY— PROJECT NO. 40-Bl93621 ("PROJECT"), FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $250,000.00, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM $1,000,000.00 TO AN AMOUNT NOT TO EXCEED $1,250,000.00; ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-13193621, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, Consent Agenda item CA.3 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv Of Miami Page 41 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 CAA RESOLUTION 6354 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A FIFTH AMENDMENT TO THE AMENDED AND Management RESTATED LEASE AGREEMENT (RETAIL PARCEL) ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND BAYSIDE MARKETPLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER TO BAYSIDE CENTER LIMITED PARTNERSHIP ("DEVELOPER"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY -OWNED PROPERTY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO MODIFY CERTAIN PROVISIONS OF THE LEASE, AS STATED HEREIN, TO INCLUDE AMENDING THE HEIGHT LIMITATION OF NEW STRUCTURES TO ONE HUNDRED NINETY (190) FEET ABOVE GRADE, SUBJECT TO ALL APPLICABLE LAWS, RULES, AND REGULATIONS, INCLUDING BUT NOT LIMITED TO THOSE IMPOSED BY THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, Consent Agenda item CA.4 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. CA.5 RESOLUTION 6401 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, APPROVING/DENYING THE APPLICATION FOR Planning A HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, TO THE OWNER, HUSA LH JF, LLC, FOR THE HISTORICALLY DESIGNATED PROPERTY LOCATED AT 528 SOUTHWEST 9 AVENUE, MIAMI, FLORIDA, WITHIN THE RIVERSIDE HISTORIC DISTRICT. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, Consent Agenda item CA.5 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 42 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 CA.6 RESOLUTION 6387 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Risk AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO Management MICHAEL COLOMBO, SUBJECT TO ALL CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $233,414.58, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $233,314.58 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 6, Article II, Section 2-33(k), Miami City Code, Consent Agenda item CA.6 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. CA.7 RESOLUTION 6388 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Risk AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Management ON BEHALF OF ISRAEL PEREZ-PEREZ, SUBJECT TO ALL CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY'), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $49,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. LRESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, Consent Agenda item CA.7 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. END OF CONSENT AGENDA Citv ofMiami Page 43 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PH - PUBLIC HEARINGS PHA RESOLUTION 6409 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Administration VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S WRITTEN RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," THAT THE OVERTOWN YOUTH CENTER, INC. ("PROVIDER") IS A QUALIFIED FIRM WITH THE REPUTATION, EXPERTISE, AND INFRASTRUCTURE TO IMPLEMENT THE SUMMER YOUTH EMPLOYMENT & FINANCIAL EMPOWERMENT PROGRAM ("PROGRAM") AND THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN AMENDMENT TO THE 2019 PROFESSIONAL SERVICES AGREEMENT ("2019 AGREEMENT") EXECUTED WITH THE PROVIDER, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B," TO INCREASE THE FUNDING IN THE NOT TO EXCEED AMOUNT OF TEN THOUSAND, FIVE HUNDRED THIRTY DOLLARS ($10,530.00) AND TO ALLOW FOR AN ADDITIONAL OPTION TO RENEW THE PROGRAM, SUBJECT TO AVAILABILITY OF FUNDS, FOR THE PERIOD COMMENCING APRIL 1, 2020 THRU NOVEMBER 30, 2020 IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY-THREE THOUSAND, THREE HUNDRED SIXTY-FOUR DOLLARS ($353,364.00), UNDER THE SAME TERMS AND CONDITIONS AS THE 2019 AGREEMENT. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PH.] was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 44 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PH.2 RESOLUTION 6374 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Department of TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, Housing and FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO Community SELL, WITH AFFORDABLE HOUSING RESTRICTIONS AND Development AUTOMATIC REVERTER PROVISIONS, CERTAIN CITY OF MIAMI- OWNED PROPERTIES LOCATED IN THE CITY OF NORTH MIAMI, FLORIDA, TO KB FINANCIAL GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("KB"), FOR THE TOTAL AMOUNT OF $825,000.00 FOR THE DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS WITH SIX (6) UNITS SET ASIDE TO BE USED FOR HOUSING FOR PERSONS WITH AIDS; 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 THE COMPLETION OF SAID TRANSACTION. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PK2 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. PH.3 RESOLUTION 6375 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF STATE Housing and OF FLORIDA HOUSING OPPORTUNITIES FOR PERSONS WITH Community AIDS ("HOPWA") PROGRAM FUNDS IN AN AMOUNT NOT TO Development EXCEED $947,477.60 FOR FISCAL YEAR 2019-2020 FOR THE PURPOSE OF IMPLEMENTING PROGRAMS THAT HELP SUSTAIN OR TRANSITION INDIVIDUALS AND FAMILIES TO STABLE HOUSING; 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, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. L RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PK3 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 45 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PHA RESOLUTION 6376 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF STATE Housing and OF FLORIDA HOUSING OPPORTUNITIES FOR PERSONS WITH Community AIDS ("HOPWA") PROGRAM FUNDS IN AN AMOUNT NOT TO Development EXCEED $947,477.60 FOR FISCAL YEAR 2019-2020 TO THE "A," DEPARTMENTS/AGENCIES SPECIFIED IN EXHIBIT ATTACHED AND INCORPORATED; 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, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. RE� SULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PK4 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. PH.5 RESOLUTION 6377 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO GRANT AN EXTENSION Housing and OF TIME FOR FIFTEEN (15) ADDITIONAL MONTHS, FROM Community SEPTEMBER 30, 2018 TO DECEMBER 30, 2019, TO SOUTH Development FLORIDA PROGRESS FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO COMPLETE PUBLIC FACILITY AND IMPROVEMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, MODIFICATIONS, AND ADDITIONAL EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. L RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PKS was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 46 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PH.6 RESOLUTION 6411 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "VERSAILLES," Department of A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI OF THE Resilience and PROPERTY DESCRIBED IN ATTACHMENT "l," SUBJECT TO Public Works 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; AND 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. RE� NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PK 6 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 47 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PH.7 RESOLUTION 6505 A RESOLUTION OF THE MIAMI COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE and Mayor VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); APPROVING A RIGHT OF WAY ACCESS AND SERVICE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B," WITH ILLUMINATION TECHNOLOGIES, LLC ("ILLUMINATION TECHNOLOGIES") TO ALLOW ILLUMINATION TECHNOLOGIES TO ACCESS CERTAIN RIGHTS OF WAY FOR THE INSTALLATION OF MULTIPURPOSE POLES TO PROVIDE, AMONG OTHER THINGS, A VIGILANCE SECURITY NETWORK INCLUDING A VIDEO VIGILANCE CAMERA NETWORK, FLOOD SENSORS, AND TAG READERS, ALL AT NO COST TO THE CITY, WHICH FURTHERS THE INTERESTS OF THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY FORM ATTACHED AS EXHIBIT "B," BETWEEN THE CITY AND ILLUMINATION TECHNOLOGIES, LLC; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AMENDMENTS AND EXTENSIONS THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PH.7 was deferred to the October 10, 2019, Regular Commission Meeting. For minutes referencing Item PH. 7, please see "Order of the Day. " END OF PUBLIC HEARINGS Citv Of Miami Page 48 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 RE - RESOLUTIONS REA RESOLUTION 6262 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. ("ATKINS"), FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES, FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $1,750,000.00 FOR THE FIRST OPTION TO RENEW PERIOD, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FOR THE FIRST OPTION TO RENEW PERIOD FROM $1,250,000.00 TO AN AMOUNT NOT TO EXCEED $3,000,000.00; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ATKINS, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.] was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 49 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 RE.2 RESOLUTION 6398 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Police EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT FUNDS FROM THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD") BY AND ON BEHALF OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT ("MDSPD") AND ALLOCATE FUNDS IN THE POLICE GENERAL FUND ACCOUNT NUMBER 00001.190101.514000.0.0 FOR THE PROVISION OF SCHOOL - BASED LAW ENFORCEMENT OFFICERS TO SEVENTEEN (17) PUBLIC SCHOOLS LOCATED IN THE CITY OF MIAMI'S ("CITY") JURISDICTION IN THE AMOUNT OF $70,337.00 PER SCHOOL, FOR A TOTAL OF $1,195,729.00, WITH NO MATCHING FUNDS REQUIRED FROM THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.2 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. RE.3 RESOLUTION 6424 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO and Mayor EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF WEST MIAMI PROVIDING FOR THE CREATION OF A JOINT ENFORCEMENT ZONE, FOR THE PROVISION OF LAW ENFORCEMENT SERVICES, AND CREATING A MULTI -AGENCY ANTI - PROSTITUTION AND HUMAN TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, FLORIDA STATUTES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.3 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 50 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 REA RESOLUTION 6516 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO AMEND THE "AUBURNDALE TRAFFIC Commissioners CIRCLE AT SOUTHWEST 32 AVENUE AND 2 STREET PROJECT," and Mayor OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B- 173665 ("AUBURNDALE PROJECT"), TO INSTALL A RAISED INTERSECTION INSTEAD OF A TRAFFIC CIRCLE; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTION(S) NECESSARY TO EXPEDITIOUSLY DESIGN AND CONSTRUCT THE AUBURNDALE PROJECT AND THE "TRAFFIC CALMING DEVICE AT INTERSECTION OF SOUTHWEST 32 AVENUE AND SOUTHWEST 5 STREET PROJECT," OCI PROJECT NO. B-50505 WITH THE GOAL OF COMPLETING CONSTRUCTION FOR SAID PROJECTS IN MAY 2020. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.4 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. RE.5 RESOLUTION 6484 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING GRANT FUNDS FROM THE Commissioners DISTRICT 1 COMMISSIONERS SHARE OF THE CITY OF MIAMI S and Mayor ANTI -POVERTY INITIATIVE ("API") FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND DOLLARS ($102,000.00) TO THE CITY OF MIAMI'S POLICE DEPARTMENT FOR THE ALLAPATTAH NEIGHBORHOOD ENHANCEMENT TEAM CLOSED CIRCUIT TELEVISION CAMERA INITIATIVE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.5 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 51 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 RE.6 RESOLUTION 6462 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMPLEMENT A PROGRAM TO MONITOR Commissioners REPEAT VIOLATIONS AS DEFINED IN CHAPTER 2, ARTICLE X, and Mayor SECTION 2-811 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND EXPEDITE REPEAT VIOLATION CASES TO BE HEARD BEFORE THE CODE ENFORCEMENT BOARD FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09, FLORIDA STATUTES; FURTHER URGING THE CODE ENFORCEMENT BOARD TO ORDER REPEAT VIOLATIONS TO BE PLACED WITHIN THE MONITORING PROGRAM IMPLEMENTED BY THE CITY MANAGER AND UPON A SUBSEQUENT FINDING OF GUILT AND TO IMPOSE ANY AND ALL ENHANCED PENALTIES ALLOWED UNDER THE LAW, INCLUDING BUT NOT LIMITED TO COSTS AND ADMINISTRATIVE FEES INCURRED BY THE CITY OF MIAMI; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.6 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item RE.6, please see "Order of the Day." RE.7 RESOLUTION 6510 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL and Mayor ACTION(S) NECESSARY, IN LAW OR EQUITY, WHETHER LOCAL, STATE, OR FEDERAL, AS IT RELATES TO THE DEPLOYMENT OF ADVANCED WIRELESS INFRASTRUCTURE AND SMALL CELL WIRELESS FACILITIES AND TECHNOLOGY (COLLECTIVELY, "SMALL CELL TECHNOLOGY AND INFRASTRUCTURE"), THE PREEMPTION BY THE STATE OF FLORIDA AND, THE REDUCTION OF THE CITY OF MIAMI'S HOME RULE POWERS AS THEY RELATE TO SMALL CELL TECHNOLOGY AND INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO INTERVENING IN THE CASE OF FLORIDA LEAGUE OF CITIES, INC. ET AL. V. LAUREL M. LEE, ET AL., CASE NO. 2019 CA 001948 (FLA. 2D CIR. CT.). RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.7 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 52 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 RE.8 RESOLUTION 6514 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 ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO PRESIDIO POLITICO HISTORICO CUBANO, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF ITS HOUSING REPAIR/UPGRADE FOR ELDERLY PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. RE� NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.8 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. RE.9 RESOLUTION 6513 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE and Mayor OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FORTY-SIX THOUSAND, EIGHT HUNDRED DOLLARS ($46,800.00) TO UNITED WAY OF MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF THE CENTER FOR EXCELLENCE IN EARLY EDUCATION AND EARLY HEAD START CHILD CARE PARTNERSHIP; 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.9 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 53 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 RE.10 RESOLUTION 6524 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 ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00) TO NAACP EMPOWERMENT PROGRAMS, INC., A FOREIGN NOT FOR PROFIT CORPORATION, ON BEHALF OF THE MIAMI-DADE BRANCH OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE'S SUPPORT OF ITS FREEDOM FUND; 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.10 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. REA 1 RESOLUTION 6538 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING A POSSIBLE FUTURE CO - Commissioners DESIGNATION BY MIAMI-DADE COUNTY OF THAT PORTION and Mayor WITHIN THE CITY OF MIAMI LIMITS OF NORTHWEST 37TH AVENUE FROM NORTHWEST 14TH STREET TO THE CITY OF MIAMI'S NORTHERN LIMITS AT APPROXIMATELY TAMIAMI CANAL, MIAMI, FLORIDA, AS "CHARLES DELUCCA JR. WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item RE3_1 was deferred to the October 10, 2019, Regular Commission Meeting. For minutes referencing Item RE.]], please see "Order of the Day." Citv ofMiami Page 54 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 RE.12 RESOLUTION 6543 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO NEGOTIATE AND EXECUTE AN Commissioners INTERLOCAL AGREEMENT AND ANY AND ALL OTHER and Mayor NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY FOR THE DOWNTOWN MIAMI SIGNAGE AND WAYFINDING SYSTEM PROJECT, CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROJECT 40-B30941. RESULT: NO ACTION TAKEN Note for the Reeord: Pursuant to Chapter 2, Artiele II, Section 2-33(k), Miami City Code, item RE.12 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. END OF RESOLUTIONS Citv Of Miami Page 55 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 SR - SECOND READING ORDINANCE SRA ORDINANCE Second Reading 6261 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO REFERENCE APPLICABLE FLORIDA STATUTES AS PROVIDED HEREIN; MODIFYING DEFINITION OF MOTORIZED SCOOTER; ADDING THE MOTORIZED BICYCLE PROGRAM, PROVIDING DEFINITIONS OF APPLICABLE STATE LAWS, BICYCLE, MICROMOBILITY DEVICE, MOTORIZED SCOOTER USER; PROVIDING FOR A SPEED LIMIT FOR SIDEWALKS; PROVIDING THAT MOTORIZED SCOOTER USERS HAVE THE RIGHTS AND DUTIES APPLICABLE TO BICYCLE RIDERS; PROVIDING THAT MOTORIZED SCOOTERS MAY BE OPERATED ON BIKE LANES AND PATHS; ENCOURAGING THE USE OF BICYCLE HELMETS; PROVIDING FOR A SPECIFIED MOTORIZED SCOOTER IDENTIFICATION NUMBER; PROVIDING FOR CERTAIN SPECIFIED SAFETY MEASURES; PROVIDING REMEDIES FOR UNLAWFUL USE OUTSIDE PILOT PROGRAM AREA REQUIRING USE OF MOBILITY DATA SPECIFICATIONS AS PROVIDED HEREIN; EXTENDING THE MOTORIZED SCOOTER PILOT PERMIT PROGRAM FOR AN ADDITIONAL SIX (6) MONTHS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13862 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo ABSENT: Reyes Note for the Record: For additional minutes referencing Item SR.1, please see "Public Comment Period for Regular Item(s). " Chair Russell: All right. I'd like to make a motion on SR.1, to get that one out of the way, please. Commissioner Carollo: Hold on, hold on, hold on, hold on. Commissioner Hardemon: Continue it? Commissioner Carollo: Where are we at? Chair Russell: We're going to do it. We gotta do it. Commissioner Carollo: Hold on, hold on. Citv OfMiami Page 56 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: This one's time -sensitive. Commissioner Carollo: I know. I'm looking for SR.1. Hold on. Chair Russell: This is the scooter ordinance. It needs -- Commissioner Carollo: Oh. Chair Russell: -- to be passed tonight or -- Commissioner Carollo: No, no, no, no, no. Chair Russell: -- the system is run down. Commissioner Carollo: No, no, no, no. You know, this is not a slam dunk like that. I want to hear people talk on this. I want to ask questions, because, you know, what I'm seeing out there is scaring me. I want to know how many companies we actually have working. There were some amendments that were proposed here earlier today that I think are good amendments; that should be part of the ordinance. Chair Russell: I have some floor amendments. Commissioner Carollo: Even though I might not be in agreement with it, I think the amendments are good -- Chair Russell: Fair enough. Commissioner Carollo: -- and you should have them, but -- Chair Russell: Motion. Commissioner Carollo: Hold on. Who--? Vice Chair Gort: It's been moved. Commissioner Carollo: No. Well, it's a motion. Vice Chair Gort: It's a motion. Is there a second? Commissioner Reyes: Second for what? Chair Russell: For scooters. Vice Chair Gort: For scooters. Commissioner Reyes: Motion for scooters? Commissioner Carollo: Yeah. Chair Russell: Ah, we got a second. Commissioner Reyes: No, I'm not second it. Chair Russell: I'm kidding. I know you're not a second. City of Miami Page 57 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Vice Chair Gort: SR.1, Second Reading 1. It was supposed have been time certain (UNINTELLIGIBLE). Commissioner Carollo: Hold on. Hold on a minute. Chair Russell: No, it wasn't. Commissioner Reyes: I stated my position, and the more that I read about it and the more that I see it, the less that I like it. I sincerely don't think that -- in my district, they don't fit. Commissioner Carollo: Okay. Is there a second? Vice Chair Gort: My understanding, changing this will only be in District 2, is my understanding. Commissioner Carollo: Correct. Chair Russell: Correct. Vice Chair Gort: Anything out of District 2 will be taken out. Commissioner Carollo: Well, for the sake of discussion, I'll second it. Vice Chair Gort: Okay. It's been moved -- Chair Russell: Thank you. Vice Chair Gort: -- and second. Discussion. Commissioner Carollo: Discussion. Chair Russell: So I would -- Vice Chair Gort: You're recognized. You are recognized. Chair Russell: Thank you. I'd like to make some floor amendments. Commissioner Carollo: Okay, good. Chair Russell: First of all, there are tremendous amendments in this from the original ordinance, which makes the Scooter Program safer and easier for us to regulate, but I would really like to note that this week, in our sixth month, we have surpassed 900,000 rides; 900,000 rides, zero fatalities, zero serious accidents, and about 20 calls to ambulance, but nothing major. In that same amount of time, in the same last six months, we have had one fatality on a bicycle, 166 injuries; pedestrians, five fatalities, 199 injuries; and in motor vehicles, four fatalities and 1,423 injuries. So for nine -- Commissioner Hardemon: Is that all in your district? Chair Russell: No; that's citywide. Commissioner Hardemon: Oh, okay. Chair Russell: That's citywide. But for 900, 000 rides, we have zero fatalities and no major accidents. And I'm very, very excited to see what this can do for the City if we City of Miami Page 58 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 regulate it correctly; if we don't, it's got to go. So the changes we're bringing in for this second six months of the pilot are significant, and for the most part, they're in the legislation, so I don't need to go through them; but I have some floor amendments, after meeting with several of the scooter companies this week, that make sense. So I'd like to just read through them to make sure that the Commissioners are on board. Under Section 8-10B, Rules and Regulations: "Operators participating in the first six months of the pilot program, enacted by Ordinance 1375, may retain their current fleet size"; meaning, if you're already in the program, you don't have to go back to square one, but if you're coming new into the program, you do have to start where everyone else started. Number 6, under the same section, 8-106, Anyone coming in with a bicycle program, even if they already have a Scooter Program, must pay the new licensing fee as if they're a new operator, and start at the original number; 50 the first week, 50 the second week, and then they grow by their cap, but they'll have to pay the $50,000 additionally if they want to introduce bikes. Section 8-14A, this one is the most important one to me to stop unauthorized, underage riding. In the ordinance, every company now will have to scan a driver's license to start the app. If anyone is found to be using the app that is not that registered user, the companies must charge the user $100. So if that parent lets their kid ride, and we get a photo with the new serial number system of a kid riding on a time stamp with that scooter, we'll know exactly which user did it, and they'll get charged $100 by the company. Section 8-14L, "The ID (identification) number must be prominently placed on the post, the vertical post of the scooter. " We do not care if it's a four -digit number, a five -digit number; it needs to match your QR Code, but each number has to be two digits tall. That way, everyone can keep their own proprietary system, but we can keep track visibly of what scooters are out there. The next amendment was some concerns about privacy, so on 8-15D, it should state, "Operator shall provide the City's Department of Innovation and Technology with well -developed data through the Mobility Data Standard, MDS, in two different feeds: real-time current information and historical information. In trip route, telemetry data is required for analysis and MDS historical feeds, but may be excluded from the MDS real-time feed. However, operators must provide scooter availability in real-time for enforcement purposes. " And -- Todd B. Hannon (City Clerk): Chair, I'm sorry. I do apologize for interrupting, but I'm required to read this statement at ]Op. in. Chair Russell: After the item is done, right? Mr. Hannon: But I need to read the statement at 10 p. in. -- Chair Russell: Got it. Mr. Hannon: -- so the Commissioners are aware. Commissioners, the time is now 1Op. in. 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 a unanimous agreement of the members of the City Commission then present. " With this in mind, at the conclusion of deliberation of Item SR.], City Commissioners present on the dais must unanimously agree to extend the duration of the City Commission meeting or the meeting shall adjourn. Thank you, Chair. Chair Russell: Thank you very much. And the last amendments that I have -- Commissioner Carollo: Mr. Chairman, Mr. Chairman? Vice Chair Gort: Yes. City of Miami Page 59 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Carollo: I do have to leave tonight, so this will be the last item that we will be hearing tonight. Chair Russell: Unless you want to let us go. Vice Chair Gort: All right. Commissioner Carollo: No, I do not, because there are some other stuff here that I need to be present for. Chair Russell: We'll be glad to defer what you like. Commissioner Reyes: May I suggest --? Commissioner Carollo: Nope. Vice Chair Gort: Excuse me. Commissioner Reyes: There's a lot ofpeople here from the school. Vice Chair Gort: Yeah. Commissioner Reyes: And before we decide to (UNINTELLIGIBLE), I'm going to request (UNINTELLIGIBLE). Vice Chair Gort: Look, we can decide; if we want to stay, we can stay. Commissioner Carollo stated that he would not like to stay, so -- Commissioner Carollo: Yeah, but you need a unanimous vote on this; otherwise, the meeting ends. Vice Chair Gort: On which one? On this one? Commissioner Carollo: Yes. Chair Russell: No, no, no; just on -- Commissioner Carollo: On this one. Chair Russell: -- continuance. Commissioner Carollo: On continuing. We finish this item -- Vice Chair Gort: Oh, okay. Commissioner Carollo: -- but you need a unanimous vote from then on. Mr. Hannon: Now, Commissioners, just be aware that any scheduled items that tonight -- you know, for tonight's agenda, the second meeting in September, will be continued to the next like meeting, which would be October 24. Commissioner Carollo: That's right. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: All right. If we can continue with this item. The last two amendments I'm asking for is, I would like to see, internally, our Administration do City of Miami Page 60 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 two spot checks a month to prove that the data we're seeing is what's out in the street. And if you need more manpower to hire people, you can use the funds from the program to do that. And then finally, I'd like us to protect our Deco Bike Program that has leased space, where scooters and bikes are now being put in there. We need to protect that space, because they're paying for that space. So we need to create something within the legislation that fines the companies if their product is in the dock spaces that are leased to somebody else. I'll let you figure out how much and how to do it, but that's all of my amendments. Does the mover -- does the seconder accept my amendment? Commissioner Carollo: I agree with that. Madam City Attorney, do we need to have a vote to see if we want to extend this or not -- Chair Russell: After this item. Commissioner Carollo: -- or by me saying that I would not be in favor of that, would that since? Chair Russell: After this item. Vice Chair Gort: I have a question. Victoria Mendez (City Attorney): It has to be unanimous agreement of those present for the time to be extended. Commissioner Carollo: Well -- okay. But do we need to vote right now, or could be -- could it be after this item, or do we need to vote at all on it? Ms. Mendez: Right after -- right. Right after the item. Commissioner Carollo: Okay. Ms. Mendez: But it's -- if there isn't a vote to extend unanimously, then -- Chair Russell: It's over. Ms. Mendez: --it's over. Commissioner Carollo: I understand that. Chair Russell: All right. Vice Chair Gort: The motorized bicycle program, I mean, are we going to include motorized bicycles? Chair Russell: Yes. There is one company that has done this in other cities and would like to -- they're already in our Scooter Program -- Vice Chair Gort: Okay. Chair Russell: -- and they're a responsible operator. They'd like to also test bikes under the same system. They'll give us an additional $50,000 to license that program and only start with 50 bikes. Vice Chair Gort: But my understanding is, the existing bicycle contract that we have today, they had to go through an RIP (Request for Proposals), and that's how they were selected. City of Miami Page 61 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: That's for the leased bike spaces on the dock. This is a dockless system, which I understand from the City Attorney would not interfere with each other. Rafael Suarez -Rivas (Assistant City Attorney): Right. That was a change that was requested; that these motorized scooters would not be parking in the dock bike system, or they would be subject to parking penalties. Chair Russell: That's not his question. Mr. Suarez -Rivas: I'm sorry, Commissioner. Vice Chair Gort: So how is it going to work then? Mr. Suarez -Rivas: How -- I'm sorry, Commissioner? Vice Chair Gort: Where are they going to park? Where are they going to be? Mr. Suarez -Rivas: I don't -- where do they --? Chair Russell: The new -- okay. The new bike -- Vice Chair Gort: What they're trying to incorporate to this one. Mr. Suarez -Rivas: Yes, yes, the new bi -- Right. They would have to be parked under the same regulations as the scooters. They would have to be parked in the same manner. There's a section here on parking, where you can park and where you can't. Chair Russell: Yes. And in fact, they have an internal policy that their bikes need to be attached to something. They have a U-lock, and you can only stop the account once you strap that U-lock in. And if you just close the U-lock, you'll lose your account if you haven't attached it to something. So it's a little more organized than the scooters. Vice Chair Gort: I know that. I have a problem with that. Chair Russell: Okay. I do not want to jeopardize the entire program for the bicycle portion, so I'm going to leave it up to the will of this body. I am open to seeing the bicycle side come in. I did promise the company that kept it out in the first six months that we would look at it, if the scooters went well. So -- Vice Chair Gort: Then we need to do an RIP and make sure we open up to all competition. Chair Russell: All right. So -- Mr. Suarez -Rivas: If that is the will of -- Vice Chair Gort: That's my feeling. I'm just one vote. Chair Russell: I understand. Mr. Suarez -Rivas: -- the Commission, it would simply be deleting all references to -- Chair Russell: Motorized -- City of Miami Page 62 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Suarez -Rivas: -- motorized bicycles and leaving it with motorized scooters. Chair Russell: All right. Mr. Suarez -Rivas: That's up to the Commission, of course. Vice Chair Gort: Okay. Chair Russell: Is that your amendment? Vice Chair Gort: That will be my amendment. Chair Russell: All right. Are there any other amendments? I'm sorry; you're the Chair. Vice Chair Gort: Hearing none -- Commissioner Hardemon: I thought -- I mean, I thought we needed a continuance, because -- I just thought there was -- I thought there was more to consider, I mean, but it's three of us now, so you better vote. Javier Correoso: Mr. Chair, can we clam that? Because there is an RIP -- Vice Chair Gort: Excuse me, excuse me. Mr. Correoso: -- language already. Vice Chair Gort: Excuse me. You're not being recognized. Chair Russell: You need to be recognized. Vice Chair Gort: I don't know who you are or anything. Mr. Correoso: Sorry. Vice Chair Gort: Okay? Mr. Hannon: We now need the speaker's name. Vice Chair Gort: (UNINTELLIGIBLE) discussing among ourselves. Mr. Hannon: Sir, if you could just at least say your name on the record? Vice Chair Gort: No. Wait a minute. We're discussing it among our self [sic]. Until you're asked to be recognized, we'll recognize you later. We're discussing it among our self [sic] at this time. Mr. Hannon: For the minutes, sir, I just need his name. Chair Russell: What's your name? Vice Chair Gort: When you spoke, what's your name? Mr. Correoso: Javier Correoso, with Uber Technologies -- Vice Chair Gort: Perfect. City of Miami Page 63 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Correoso: -- 80 Southwest 8th Street. Vice Chair Gort: Thank you. Chair Russell: They are the ones representing the bikes -- Vice Chair Gort: I understand. Chair Russell: -- that they would like to be included. Your amendment is to not include. I will not jeopardize this program. I only have three votes right now, and I can't lose you, so I accept your amendment. Vice Chair Gort: Any further discussion? Mr. Suarez -Rivas: So is there any other discussion or any other speaker? If there's not -- Vice Chair Gort: You're recognized, sir. Mr. Correoso: Thank you, Commissioner. There is an RFP component to the ordinance right now for the bicycle portion, as well. If you have concerns with the bicycles and want to cap the number of bicycles, we're open to doing that, as well, but there is an RFP that will be issued as part of the ordinance that is before you for the -- both the scooter and the electric bike products. Vice Chair Gort: This ordinance, originally when it was passed, did not have the motor (UNINTELLIGIBLE) bicycle. Chair Russell: Correct. Mr. Correoso: They're not motorcycles. Vice Chair Gort: No. I said, "motorized bicycle, " which I've seen it, and they could be pretty fast, and they can be very dangerous, but it's in his district, so I don't have no problem with that. But if you say there's an RFP, I don't see an RFP. That doesn't fit in here then. Chair Russell: There's no RFP yet. Mr. Suarez -Rivas: There -- Chair Russell: It's contemplated. If this program is successful, we will RFP over this next six months so that when we finish the six months, we'll have our final operators if we like the program. Thank you. So I accept your amendment; you've accepted my amendments. I don't think there's anything else. Vice Chair Gort: All right. Any further discussion? Mr. Hannon: Sir, it's an ordinance. Vice Chair Gort: It's an ordinance; read it. Mr. Suarez -Rivas: So this is a second reading ordinance. The Ordinance was read by title into the public record by Senior Assistant City Attorney Rafael Suarez -Rivas. City of Miami Page 64 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Suarez -Rivas: As amended by the deletion of the "motorized bicycle. " Vice Chair Gort: As amended. Any further discussion? Being none, all in favor, state it by saying "aye. " Chair Russell: Aye. Vice Chair Gort: Aye. Commissioner Carollo: No. Vice Chair Gort: Thank you. There's one "no. " Mr. Suarez -Rivas: Passes as amended. Mr. Hannon: No, no, no; 2-2. Vice Chair Gort: No, no. Mr. Suarez -Rivas: No, it was 3-1. I believe, if you want to hear it again, it was -- I'm sorry. Vice Chair Gort: Roll call. Commissioner Hardemon: It was 2-2. I moved to extend the program for an additional month with all things that were considered on the record, but for an additional month. And then the next time -- because I'm willing to continue it from the beginning -- and then the next time a different motion. Once it's extended for a month, it can come back again and talk maybe then an additional five months, instead of -- to consider if we need to issue an RIP if or if we need the consider this thing as a pilot program. Vice Chair Gort: There's a new motion. Chair Russell: Wait. Just a minute. Commissioner Gort: This motion is denied. Commissioner Carollo: Well -- Chair Russell: Commissioner, if I could just -- Vice Chair Gort. Yes. You're recognized. Chair Russell: As soon as -- thank you. As soon as -- you won't be able to make that motion if he kills the meeting right now. And if the meeting dies -- Commissioner Hardemon: We're still considering the same -- Commissioner Carollo: Yeah, but the problem is -- Chair Russell: It's the same item. Commissioner Hardemon: Same item. Commissioner Carollo: We need a legal opinion. City of Miami Page 65 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Hardemon: Same item. Commissioner Carollo: They might be right on it, if it's the same item. Chair Russell: If it's the same item, I'm comfortable. Commissioner Carollo: Madam City Attorney -- Chair Russell: Mr. Chairman? Commissioner Carollo: -- the motion failed -- Vice Chair Gort: Yes. Commissioner Carollo: -- but I don't know if -- Vice Chair Gort: Wait a minute. Mr. Suarez -Rivas: It's the same subject. It's the same subject. It's the same item. Ms. Mendez: It's the same item. Vice Chair Gort: It's the same item. Chair Russell: Its the same item. Commissioner Carollo: That's what I think, you know, so I'm not going to argue. I think that -- Mr. Suarez -Rivas: And that's what we think. Commissioner Carollo: -- but I wanted to be correct on it. Vice Chair Gort: Okay. You're recognized, sir. Chair Russell: Thank you. You surprised me, Commissioner; I thought we were good. But I -- what I want to make sure on is we don't interrupt the service. Right now in my district 7, 000 people a day are using this service. Commissioner Hardemon: And that's why I don't -- I want to make sure -- Chair Russell: I want to make sure we don't have a gap in service. Commissioner Hardemon: That's why I'm extending -- that's why I moved to extend for an additional month. Vice Chair Gort: Okay. So -- Chair Russell: Would it need two readings to extend? Commissioner Hardemon: No. We're just amending the time. Vice Chair Gort: Amend it. Mr. Suarez -Rivas: To a month? City of Miami Page 66 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Vice Chair Gort: There's a new motion to amend it to one month extension, and then Mr. Suarez -Rivas: The one -month extension would amend the program for a one - month period. Is that what you want to do? Vice Chair Gort: That's correct. That's the motion that's on the floor right now. Chair Russell: With all the changes that we've just made. Vice Chair Gort: With all the amendments that has been made from before. Do you accept all the amendment, the maker of the motion? Mr. Suarez -Rivas: That's fine. Vice Chair Gort: The maker of the motion -- Commissioner Hardemon: Yes. Vice Chair Gort: -- do you accept the amendment? Mr. Hannon: My apologies, Chair. Mr. City Attorney, so this is amending the ordinance? This motion is amending the ordinance -- correct? -- on second reading? Ms. Mendez: As amended. Mr. Suarez -Rivas: Yes, as amended. Mr. Hannon: Understood. Mr. Suarez -Rivas: It's for an additional -- Commissioner Carollo: Amending it -- Chair Russell: (UNINTELLIGIBLE) to one month. Commissioner Carollo: --for one more month. Vice Chair Gort: Right. Mr. Suarez -Rivas: For one more month. Commissioner Carollo: Okay. Let me just say this, and we could briefly vote on it. My reason on voting against this is that after what I've seen out there, I don't want to have it on my conscience if some young man or woman gets badly hurt or, worse yet, killed by riding one of these in the City. I don't want to have it in my conscience, and I'm not going to have it. So having said that, whenever the Commission is ready, we can have a vote on it. Vice Chair Gort: Okay. Any further discussion? Any further discussion? Mr. Hannon: And this is going to be as amended, with the amendments that the Chair had referenced earlier? Vice Chair Gort: Discussed before. City of Miami Page 67 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Suarez -Rivas: Yes, as amended. And the amendment was, again, the removal of the bicycles. And now, it's an additional one month further action; 'yes" or "no," but that's -- the amendment is one month. Vice Chair Gort: Okay. Chair Russell: And the item will come back for a further extension (UNINTELLIGIBLE). Vice Chair Gort: Correct. Commissioner Carollo: For a five -month extension, correct, Chair? Mr. Suarez -Rivas: That would be a new item at that point -- Vice Chair Gort: Yeah. Mr. Suarez -Rivas: --for a five -month extension. Chair Russell: Does it have to be two readings? Mr. Suarez -Rivas: I think so, yes. Chair Russell: So then we would need to do two meetings at once, because (UNINTELLIGIBLE). Vice Chair Gort: It could be an emergency. Commissioner Carollo: There's no emergency for that. Chair Russell: Yes, there is. Commissioner Carollo: There's no emergency. Chair Russell: Thank you. I just want to make sure we don't have a lapse in service. Ms. Mendez: Would we entertain a two -month then, so that we don't run into this emergency problem? Commissioner Carollo: Yes, do a two -month. Commissioner Hardemon: Or you could introduce an item at the next --well -- Commissioner Carollo: Do a two -month. She's got the solution for you. Vice Chair Gort: The maker of the motion -- we haven't voted on it; we can -- it can be changed. Commissioner Carollo: Going once. Going twice. Commissioner Hardemon: Do they need -- Chair Russell: (UNINTELLIGIBLE) thinking something. Commissioner Hardemon: -- two months, or do they need a month and a half? Chair Russell: Whatever gets us two readings. City of Miami Page 68 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Suarez -Rivas: It has to be read twice, so I believe thev need two months, Commissioner. Commissioner Hardemon: So one month -- Huh? One month -- one month goes to - Vice Chair Gort: Two months -- Commissioner Hardemon: -- the October meeting. Vice Chair Gort: -- goes into November. Commissioner Carollo: You need two. Mr. Suarez -Rivas: You need two months. Mr. Hannon: One month would be October 24. Mr. Suarez -Rivas: In that way -- Chair Russell: And then we only have one meeting in November. Commissioner Hardemon: Two months. I'll accept that as amendment, two months. Commissioner Carollo: All right. Chair Russell: Two months. Vice Chair Gort: (UNINTELLIGIBLE). Vice Chair Gort: The motion's been -- Commissioner Carollo: Amended. Vice Chair Gort: -- the maker of the motion. Commissioner Hardemon: Dos meses. Vice Chair Gort: Dos meses, okay. It's been changed from two months; dos meses, two months. Chair Russell: Seconder -- Commissioner Carollo: You go to (UNINTELLIGIBLE) Portuguese -- Chair Russell: -- agrees. Vice Chair Gort: The second accepts. Commissioner Carollo: -- you come back (UNINTELLIGIBLE) Spanish. Vice Chair Gort: The seconder accepts. Commissioner Carollo: Who did you hang around with over there? Chair Russell: Yes. Thank you. City of Miami Page 69 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Suarez -Rivas: As amended for a two -month extension, with the other amendments that were read, removing the motorized bicycle. Chair Russell: Yes. Vice Chair Gort: Okeydoke. All in favor, state it by saying "aye. " Chair Russell: Aye. Commissioner Carollo: Nay. Mr. Hannon: Motion passes -- Chair Russell: Thank you. Mr. Hannon: -- 3-1. Vice Chair Gort: 3-1 Vice Chair Gort: Commissioner Carollo. Mr. Suarez -Rivas: As amended. Mr. Hannon: As amended. Vice Chair Gort: As amended. I'm going to ask if we could please extend for a little while. Let me tell you, I have -- my wife is in the hospital right now, and I'm checking on the phone constantly. She's doing okay. Commissioner Carollo: I'm glad. Vice Chair Gort: She was taken to -- So if we could stay a little while, I don't mind, because the people have been waiting here all day. Commissioner Carollo: Commissioner, I'm sorry. There are quite a few things in the (UNINTELLIGIBLE) -- (Applause) Commissioner Carollo: -- that I cannot stay, and I cannot be willing to extend the Commission meeting without me here, so. Chair Russell: Commissioner Carollo, would you be open -- Commissioner Carollo: I'm not. Chair Russell: -- to a -- to hearing what I have to say? Would you be open to deferring the list of items that you're sensitive to; that we won't deal with them at all? Commissioner Carollo: No, because they could be brought back during that same meeting. Chair Russell: There's a little honor amongst thieves. Commissioner Carollo: Well -- City of Miami Page 70 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Hardemon: Hey -- Commissioner Carollo: -- some. So -- Chair Russell: I mean, the families have been waiting here all day. Commissioner Carollo: Well, look, I'm sorry. This should have been planned better; it wasn't. We knew that we were going to have -- we knew we were going to have a very long meeting -- Chair Russell: I believe you said we were going to stick this out the whole night, is what I remember you saying. Commissioner Carollo: No, no, no, no, no. I didn't say that one. So Madam City Attorney, what do we need to do? Do we need to have a vote or not, or what? Ms. Mendez: It has to be unanimous consent. Since there is a unanimous consent, it's done. The only thing I would -- Chair Russell: Well, is it a vote? Is it a vote? Ms. Mendez: No, it's not a vote, unless you call it to a vote. I believe that our former Chairman had talked to us when we had discussed about, you know, you can acquiesce and continue going, and that's enough, but here we have a real -- obviously, you know that one person is not going to be unanimous, so it doesn't require the vote. Chair Russell: Well, I'd like to -- I believe it does, though, right? If we're going to really gauge this Commission, let's roll call it to continue the meeting. I mean, to -- Ms. Mendez: Okay. If you would like to call -- Yes. If you -- Chair Russell: Yes. Ms. Mendez: -- but it's supposed to be unanimous, so that's why a vote right now would not make sense -- Chair Russell: Well -- Ms. Mendez: -- but you can, obviously, if you want it for the record. Chair Russell: -- he may change his mind when he's put under -- Ms. Mendez: Okay, that's different. I will tell you, though, before you decide to end Commissioner Carollo: Commissioner, you'll never, never, never be able to understand some of your colleagues, but go ahead. END OF SECOND READING ORDINANCE City of Miami Page 71 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 6427 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Commissioners CHAPTER 17/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "ENVIRONMENTAL PRESERVATION/TREE PROTECTION IN GENERAL;" MORE PARTICULARLY BY AMENDING SECTION 17-4 OF THE CITY CODE, TITLED "TREE PERMIT APPLICATIONS, REQUIREMENTS, REVIEW AND FEES," TO PROVIDE AN EXCEPTION FOR A COVENANT IN LIEU OF A TREE PROTECTION BOND FOR AFFORDABLE HOUSING DEVELOPMENTS WHICH ARE PROCURED AND/OR FUNDED BY THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item FR.] was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item FR.], please see "Order of the Day. " FR.2 ORDINANCE First Reading 6445 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENTS, AMENDING CHAPTER 14/ARTICLE II OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY "DOWNTOWN CODE"), TITLED DEVELOPMENT/DOWNTOWN DISTRICT/GENERALLY;" MORE PARTICULARLY BY AMENDING SECTION 14-27 IN ITS ENTIRETY AND CREATING NEW TERRITORIAL BOUNDARIES AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO INCLUDE THE RIGHT-OF- WAY LANDS UNDERNEATH THE MIAMI METRORAIL, ALSO KNOWN AS THE UNDERLINE, FROM THE MIAMI RIVER TO SE 15TH ROAD; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item FR.2 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 72 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 FR.3 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," 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item FR.3 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. FRA ORDINANCE First Reading 6357 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REPLACING THE TERM "SPECIAL MASTERS" TO "SPECIAL MAGISTRATES" THROUGHOUT CHAPTER 2/ARTICLE X TO BE CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES AND BY ESTABLISHING A NEW SECTION 2-830, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM"; PROVIDING FOR THE ADOPTION OF AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATES; CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO SPECIAL MAGISTRATES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item FR.4 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. END OF FIRST READING ORDINANCES Citv ofMiami Page 73 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 BU-BUDGET 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) RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BU.1 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. END OF BUDGET City of Miami Page 74 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 BC - BOARDS AND COMMITTEES BC.1 RESOLUTION 6379 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Manolo Reyes Commissioner Keon Hardemon City Manager Emilio T. Gonzalez Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.1 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. END OF BOARDS AND COMMITTEES City of Miami Page 75 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 6300 A DISCUSSION ITEM REGARDING A QUARTERLY REPORT OF EXPENSES INCURRED, BUT NOT REIMBURSABLE, SHALL BE Department of PRESENTED TO THE CITY COMMISSION. THE FINANCE Finance DEPARTMENT HAS DETERMINED AND IS REPORTING FOR THE QUARTER ENDED JUNE 30, 2019, THERE WERE NO GRANT EXPENSES INCURRED DEEMED TO BE NON -REIMBURSABLE BY THE RELATED FUNDERS. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.] was continued to the October 24, 2019, Planning and Zoning Commission Meeting. D1.2 DISCUSSION ITEM 6476 11:00 A.M. TIME CERTAIN Commissioners A DISCUSSION REGARDING JUNE 13, 2019 AND JULY 30, and Mayor 2019 AS WELL AS RESULTING ASSOCIATED EVENTS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item DL2 was deferred to the October 10, 2019, Regular Commission Meeting, with a time certain designation of 11: 00 a.m. For minutes referencing Item DL2, please see "Order of the Day. " City of Miami Page 76 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 D1.3 DISCUSSION ITEM 6477 11:00 A.M. TIME CERTAIN Commissioners A DISCUSSION REGARDING THE CITY MANAGER, CODE, AND and Mayor BUILDING PROCEDURES/ENFORCEMENT OR LACK THEREOF. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item DL3 was deferred to the October 10, 2019, Regular Commission Meeting, with a time certain designation of 11: 00 a.m. For minutes referencing Item DI. 3, please see "Order of the Day. " DIA 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item DL4 was deferred to the October 10, 2019, Regular Commission Meeting. For minutes referencing Item DL4, please see "Order of the Day." D1.5 DISCUSSION ITEM 6099 A DISCUSSION ITEM REGARDING THE OFFICE OF CAPITAL Commissioners IMPROVEMENTS. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item DL 5 was deferred to the October 10, 2019, Regular Commission Meeting. For minutes referencing Item DI. 5, please see "Order of the Day. " City of Miami Page 77 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 END OF DISCUSSION ITEMS City of Miami Page 78 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEMS) Note for the Record: For minutes referencing "Public Comment Period for Planning and Zoning Item(s), " please see `Public Comment Period for Regular Items. " PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM Chair Russell: Now we're going to move on to public comment for all items on the agenda that are not budget related. If you're here to speak on anything having to do with today's agenda, what's remaining of it, please approach both of the lecterns. This can include the time certain items, such as the appeal if you'd like to speak on that now. If you'd like to wait until the item for that one, that is okay, as well. But if you're here to speak on anything non -budget related, please approach both the lecterns. You'll be given two minutes. You'll hear a beep over by the Clerk's desk right around 30 seconds; that's about the time to start wrapping it up. We try to be flexible, but we really need to move on, and we're going to have a very late night tonight, so please wrap it up by the two minutes. You need to state your name; please state the item you're here to speak on; you don't need to state your address, and you can carry forward. If there's an item that's been deferred, there is no need to speak on it at this time. We're here to speak on the items that are being dealt with in the business of the day for this agenda. All right? So PZ (Planning and Zoning) items, regular agenda items, non -budget items, you're very welcome. Todd B. Hannon (City Clerk): Chair? Chair Russell: Yes. Mr. Hannon: I do need to administer the oath for Planning and Zoning items. Chair Russell: Yes. Since we are taking Planning and Zoning public comment at this point, the Chair is [sic] going to administer the oath. Mr. Hannon: Actually, Madam City Attorney -- Chair Russell: I'm sorry; Mr. Clerk. Mr. Hannon: -- is going to read a statement into the record first, then I'll administer the oath after she's done. Chair Russell: Even better. Thank you. Victoria Mendez (City Attorney): The PZ portion -- Chairman, I'm sorry -- I did not read that portion, so I will -- Chair Russell: The rules of the meeting. Oh, I thought you did it (UNINTELLIGIBLE). Ms. Mendez: I did the regular; not the PZ. Chair Russell: Was (UNINTELLIGIBLE). City of Miami Page 79 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Ms. Mendez: I apologize. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before the PZ item is heard, all those wishing to speak must be sworn in by the 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 communications, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person heard by the City Commission through the Chair will be for two minutes on any proposition before the City Commission, unless modified by the Chair. The Chairman will advise the public when the -- they have the opportunity to speak. When addressing the City Commission, the member may state his or her name. Staff will briefly present each item to be heard. For applications requiring approval, the applicant will 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. The applicant may also waive the right to an evidentiary hearing. The order of presentation shall be as set forth in Miami 21. 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 anyone requesting action by the City Commission must disclose, pursuant to Code Section 2-8. 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 in by the discretion of the City Commission. Thank you. Chair Russell: Thank you, Madam City Attorney. And one thing I did forget during the order of the day: If there's any item -- pocket items anyone intends to bring today, as a courtesy, could you just let us know at this point? I have one, having to do with DACA (Deferred Action for Childhood Arrivals). The reason it's an emergency pocket is that there's a timeliness issue if we want to join a lawsuit that's involved nationwide. This is our opportunity to support the ajflrmance of the nationwide injunction against rescinding DACA, Deferred Action for Childhood Arrivals. I would like to empower our City Attorney to join in that effort in an amicus curia form. And so, if the Clerk could pass out the legislation, we'll deal with that one whenever everyone's ready, but as a courtesy, I just want to let you know that's something I'm working on. Any other pocket items for the day? All right. Public comment. All right. All right. Mr. Hannon: Chair, I need to administer the oath. Chair Russell: Yes. Thank you. Mr. Hannon: Anyone speaking on today's Planning and Zoning items -- 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. Chair Russell: Thank you very much. City of Miami Page 80 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 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 "75-0," CLASSIFICATION FROM 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: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.1 was deferred to the November 21, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.1, please see "Order of the Day." 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.2 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.2, please see "Order of the Day. " Citv Of Miami Page 81 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.3 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.3, please see "Order of the Day." PZ.4 ORDINANCE First Reading 3001 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY and Mayor- PZ OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING "NEIGHBORHOOD APPENDIX A, TITLED CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.]], please see "Order of the Day. " For minutes referencing Item PZ.4, please see "Order of the Day. " Citv Of Miami Page 82 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PZ.5 ORDINANCE First Reading 4237 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE and Mayor- PZ SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.6, TITLED "OFF-STREET PARKING AND LOADING STANDARDS", TO ALLOW PARKING FACILITIES THAT ARE INCIDENTAL AND SUBORDINATE TO A PRINCIPAL USE IN CERTAIN T5, "URBAN CENTER ZONE," OR T6, "URBAN CORE ZONE," TO BE PROVIDED ON AN ABUTTING PROPERTY IN A T3, "SUB -URBAN ZONE," IF THE PARKING FACILITIES ARE LOCATED IN AN AUXILIARY PARKING AREA AND SATISFY OTHER SPECIFIC CONDITIONS FOR AREAS ON CORAL WAY, BETWEEN SOUTHWEST 27TH AVENUE AND SOUTHWEST 17TH AVENUE BY PROCESS OF EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PZ. S, please see "Order of the Day. " For minutes referencing Item PZ.5, please see "Order of the Day." PZ.6 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 "AMENDMENT AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED 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: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ. 6 was deferred to the November 21, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 6, please see "Order of the Day. " Citv Of Miami Page 83 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PZ.7 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.7 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. PZ.8 RESOLUTION 6342 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY Planning PROSPERO MUNGUTA, DARINA MUNGUTA, KIRK MUNGUTA, ULYSSES KEMP, ROSA RAMOS, GENA VEILLARD, BUENA VISTA HEIGHTS NEIGHBORHOOD ASSOCIATION, AND BUENA VISTA EAST HISTORIC NEIGHBORHOOD ASSOCIATION (COLLECTIVELY, "APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB") AND AFFIRMING OR REVERSING PZAB'S APPROVAL WITH CONDITIONS OF AN EXCEPTION TO ALLOW A PRE-SCHOOL EDUCATIONAL USE PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ON LOTS ZONED "74-L," GENERAL URBAN TRANSECT ZONE -LIMITED, AND 73-L," SUBURBAN TRANSECT ZONE -LIMITED, AND GENERALLY LOCATED AT 4136 NORTH MIAMI AVENUE AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.8 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 84 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PZ.9 ORDINANCE Second 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.9 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. PZ.10 ORDINANCE Second 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.10 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 85 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 For minutes referencing Item PZ.10, please see "Public Comment Period for Regular Item(s). " PZ.11 ORDINANCE Second 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. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.11 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ 11, please see "Public Comment Period for Regular Item(s). " PZ.12 ORDINANCE Second Reading 5899 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS and Mayor- PZ AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES' TO ALLOW GENERAL COMMERCIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDINGS; CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.12 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 86 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PZ.13 RESOLUTION 6334 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, THE Planning CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE A PORTION OF NORTHWEST 22 TERRACE BETWEEN NORTHWEST 11 AVENUE TO THE EAST AND NORTHWEST 12 AVENUE TO THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, 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. [RESU7LT- NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.13 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. PZ.14 RESOLUTION 6343 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING Department of THREE (3) EXCEPTIONS, WITH CONDITIONS, PURSUANT TO Planning ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND PURSUANT TO SECTION 4-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT ALCOHOL SERVICE ESTABLISHMENTS FOR AN INDIVIDUALLY DESIGNATED HISTORIC STRUCTURE, COMMONLY KNOWN AS THE OLD UNITED STATES POST OFFICE AND COURTHOUSE, APPROXIMATELY 35,455 SQUARE FEET IN SIZE, FOR A PROPERTY IN A "T6-80-0," URBAN CORE TRANSECT ZONE, LOCATED AT APPROXIMATELY 100 NORTHEAST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.14 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 87 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PZ.15 RESOLUTION 6335 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN Planning EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6(A) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW AN EXISTING LEGAL NONCONFORMING ADULT ENTERTAINMENT USE TO OPERATE FOR AN ADDITIONAL TWENTY YEARS AFTER THE ADOPTION OF THE MIAMI 21 CODE ON A SITE LOCATED WITHIN THE "T6-60A-O," URBAN CORE -OPEN, TRANSECT ZONE FOR THE PROPERTY GENERALLY LOCATED AT 15 NORTHEAST 11 STREET AND 29 NORTHEAST 11 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.15 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.15, please see "Public Comment Period for Regular Item(s). " PZ.16 RESOLUTION 6336 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN Planning EXCEPTION TO ALLOW THE INSTALLATION OF AN AMUSEMENT RIDE (FERRIS WHEEL) PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); AND APPROVING A WAIVER TO ALLOW AN EXTENSION ABOVE THE MAXIMUM HEIGHT PURSUANT TO ARTICLE 7, SECTION 7.1.2.5(A)l2 OF ORDINANCE NO 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ON A SITE WITHIN A "76-8-0," URBAN CORE - OPEN TRANSECT ZONE, GENERALLY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.16 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Note for the Record. For directive referencing item PZ.16, please see item NA.2. Citv ofMiami Page 88 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 For additional minutes referencing Item PZ.16, please see "Public Comment Period for Regular Item(s). " Chair Russell: What I'd like to do is do a few housekeeping items that we can get taken care of before the budget hearing starts in 30 minutes. Vice Chairman Gort, would you like to make a motion on the Ferris wheel items? There's PZ.16, which would need to come before we do the CA.4, so it would be PZ.16 first. Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: Yes, PZ.16 -- Commissioner Carollo: One has to do -- Chair Russell: -- and CA.4. Commissioner Carollo: --with 190 feet. Chair Russell: Yes. Commissioner Reyes: Yeah. That's -- Commissioner Carollo: Which one is that? Chair Russell: Mr. City Attorney, please. Vice Chair Gort: CA (consent agenda). Barnaby Min (Deputy City Attorney): I'm sorry; what was the question? Vice Chair Gort: CA. Commissioner Carollo: There are two items. One has to do with much more than a Ferris wheel. It's a zoning item that will allow them to be able to build structures up to 190 feet, which is about 19 stories. Chair Russell: Thank you. I believe the City Attorney's Office has prepared an amendment with regard to that, out of that exact -- Commissioner Reyes: May I interject? Chair Russell: Yes. Commissioner Reyes. Commissioner Reyes: Yes. Ina meeting -- Chair Russell: Let me just make sure we have a motion. Is there a motion? Second Vice Chair Gort: Move it. Chair Russell: -- by the Chair. Commissioner Reyes: Second by the Chair. Okay. Chair Russell: All right. And now we'll start discussion. City of Miami Page 89 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: During our agenda briefing, I made a point that I want to make it very explicitly stated that any changes that we going to have is for that little piece of land only, so -- and that limitation, I think, is extremely important, because we don't want Bayside, anybody -- anybody on Bayside to start building structures that -- I mean, start building on it, using that 190 feet. Also, there is -- I requested the City Attorney to change the language from "structures, "plural, to a "structure." Chair Russell: Structure. Commissioner Reyes: That is specific -- it's specific for that area that the Ferris wheel is going to be built. Chair Russell: Madam City Attorney. Commissioner Carollo: Well, I -- Chair Russell: Just a moment; let me see if she's addressed these two issues. Victoria Mendez (City Attorney): Right. So with regard to the way that the amendment is drafted now, it's a little ambiguous as to how many structures, how big. So what -- we wanted to clarify that this would be an amendment just for the Ferris wheel; that it would be for a Ferris wheel for this operator, in a specific location. Commissioner Carollo: A temporary -- Ms. Mendez: We have the sketch. Commissioner Carollo: -- structure. Ms. Mendez: Right. Commissioner Reyes: Absolutely. Ms. Mendez: But it is nothing that would be misconstrued to be giving out air rights throughout the property -- Commissioner Reyes: Absolutely. Ms. Mendez: -- and that we reserve air rights throughout the rest. Commissioner Reyes: That's right. Chair Russell: Just a moment, please. Ms. Mendez: It would be this specific little area. We even have a sketch that Mr. Pathman kindly provided. Chair Russell: Does the mover accept the amendment? Vice Chair Gort: Yes, I do. Chair Russell: Same with the seconder. Other comments, please. Commissioner Carollo: What I want to clear up is that the reason it's important to clam that it's a temporary structure -- because a Ferris wheel is something that's not there permanent, like a building, let's say -- City of Miami Page 90 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: Yep. Commissioner Carollo: -- you could put up; you could take down. If it would have been a permanent structure, a building, then this would have to go back to a referendum. Commissioner Reyes: Yep. Commissioner Carollo: And that's the difference on this whole question. Now, that's clarified, I think, that it's only for that particular place for a temporary structure that will be a Ferris wheel. Now -- Ms. Mendez: We will make those changes. Chair Russell: And the singular, as well? Was that taken into account, singular versus plural? Commissioner Reyes: Yes. That's right. Ms. Mendez: Right. Commissioner Carollo: Yeah. Ms. Mendez: Because right now it says "structures"; we're actually going to say "Ferris wheel. " Commissioner Reyes: That's right. Chair Russell: Got it. Ms. Mendez: Just so that there's no question. Commissioner Carollo: Now, here is the other problem that I have, and this is not just for Bayside, but across the board with anybody that we have entered in the past with leases. Air rights are very valuable. They're a property right, property right. What I --if I remember correctly so many years ago -- maybe Pam can refresh my memory -- what we get from Bayside is around 6 percent of the gross; is that correct, Pam, or --? 6 percent? Okay. Look, we get 6 percent of the gross of stuff that is down on the ground. We're talking about air rights now. Look at the -- and I'm all in favor of the Ferris wheel, let me say. I think it's going to be a huge addition to Miami. But air rights are very valuable, and Bayside is going to make a tremendous amount of additional dollars on this lease for themselves. The City of Miami cannot keep on going -- doing deals for itself that we're shortchanging the residents of Miami in what we do. If Bayside is going to do much better in a deal that had nothing to do with the original ground lease -- this is air rights now -- we should be getting a much higher percentage than 6 percent, and this is why I wanted to bring this point up. I mean, it's great that they're friends, they're good neighbors. Monty says, "Whatever they want in the future, we will give them. " By the way, Monty, you talked about a fraternity. Let me let you know why everybody here is dressed in black, basically. It's not that they're, you know, the Blues Brothers. Its that we had something very special today for a great man, Maurice Ferre, but it's no fraternity. But going back on the issue, listen, I don't like to be taken for a sucker, and this is taking all of us and the residents of Miami for suckers. Bayside is going to make a lot of money on this, and that's fine. You know, that's the American way. But since we're giving them something that was not on the lease, then we should get a higher percentage of those air rights. That's 6 percent. City of Miami Page 91 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Thank you. Vice Chairman. Vice Chair Gort: My understanding is -- and (UNINTELLIGIBLE) information that was given to me -- there was a scrivener's error in the original lease, and some of the additional land should have been given to the contract. That was my understanding, so I want to clam that. Ms. Mendez: All right. So -- Commissioner Carollo: Well, that's got nothing to do with this; nothing, whatsoever. Ms. Mendez: So right now, the only thing that's here before you today has to do with the exception for the Ferris wheel -- Vice Chair Gort: Right. Ms. Mendez: -- and then the amendment for the Ferris wheel. We still have not been dealing with that extra -- Vice Chair Gort: Okay. Ms. Mendez: --land and -- yet. Vice Chair Gort: No. I just -- Chair Russell: Mr. Rotenberg, if you could answer a couple questions with regard to the financials. Vice Chairman, were you satisfied with that? Did you get your -- answeryou needed? Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: All right. Mr. Rotenberg, could you speak a little to the financials of what we receive from Bayside on a percentage basis? Will we be receiving, also, from the Ferris wheel? Does it pass through and we receive the same percentage? Daniel Rotenberg (Director): Yes. Daniel Rotenberg, Department of Real Estate and Asset Management. It will pass through. And the Commissioner is also correct; if the air rights do come up and there is more density to be built over there, there will be a renegotiation on the terms. Vice Chair Gort: Of course. Commissioner Carollo: Yeah, but -- Chair Russell: We're not giving them up now, is what you're saying? Commissioner Carollo: -- we're not giving them up. Mr. Rotenberg: We're not. Commissioner Carollo: That's clear. What we're talking about is this particular deal; that we need to set a precedent for the future, or any other deal that we do, or any change to a lease that we have; that if they want air rights that was never contemplated in the original lease and they belong to the City of Miami -- otherwise, they would have been here, and they know that -- City of Miami Page 92 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Rotenberg: Yes. Commissioner Carollo: -- then we should be getting much more than 6 percent. Look, the London Eye, you're going to tell me that doesn't make a huge amount of money? Now we could go on and on and on. So what I'm saying is that we could bring a lot more money that could go to build affordable homes for our elderly, to our streets that need it, to have more City services, and -- Hey, Bayside has a right to make a good profit in this. This is a great project, great project. It's got nothing to do with the Ferris wheel going up. And this is more than a Ferris wheel, because this is not your, you know, Ferris wheel that you get in most places. This is something with class that's coming. They're air conditioned. So that's not the issue. And frankly, this has taken way too long to get to this point. I'm -- I really have been amazed at how long this has taken. But this has got to do now with dollars and cents. I don't want to be up here and be taken for a sucker. Yeah, they're great partners. They're good people. And we're going to get 6 percent, and they're going to get 94 percent of our air rights, and a heck of a major profit. Now, I don't know if there's anyone here -- I mean, have you analyzed what kind of profits this is going to bring to Bayside? Mr. Rotenberg: Not on the Ferris wheel. Commissioner Carollo: Well -- so how in the heck can we just agree to 6 percent, and do that for 6 percent? Is there anybody from Bayside that can get up here and negotiate with us a higher fee? Chair Russell: Just a moment. I just want to clarify to answer the true crux of Commissioner Carollo's question. Are we giving up air rights in this lease change? Mr. Rotenberg: We are not giving up the air rights in this lease change. Chair Russell: So if -- and I'm telling you, if we had wanted to build something that's -- was a structure or a tower -- this room would be filled with a whole other group of opposition. They've done a very good job of working together with the residents to make sure there is buy -in of the residents for this structure, and this structure only. And our understanding that it's temporary means we are not giving up our air rights, even on that site. If we, as a city, chose to develop it differently, we've not given anything up in that sense, correct? Commissioner Carollo: Chairman, we -- Chair Russell: Commissioner. Commissioner Carollo: -- we are letting them build in our air rights on that site. Chair Russell: Temporary. Commissioner Carollo: They're putting -- Yeah, temporary. But still, it's our air rights. What we're talking here is about a lease. The issue of the Ferris wheel there is a nonissue to me, so let me throw that on the table. It's a nonissue. I think it's positive for the City and for that park, and for Bayside. Everybody's a winner. But the issue to me is we're granting them something that we don't have to grant them if we don't want -- that they don't have a right to get now. They're going to make a lot of money on it, and we're only going to get 6 percent? Come on now. You know, men, you're going to go and tell the elderly, kids programs, food programs, "We don't have the money," when, in this one right here, we could get a substantial amount more dollars for the City of Miami." City of Miami Page 93 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: You've been clear, Commissioner. And I -- I'm comfortable that we're not giving up our air rights, but I'm uncomfortable that our Real Estate/Asset Department doesn't actually know the amount of money that'll be made by the Ferris wheel and what would pass through to the City. Is there anyone who can help us with those numbers? Vice Chair Gort: It would have to be audit. Wayne Pathman: Good afternoon, Mr. Chairman, Commissioners, staff. My name is Wayne Pathman, with the law office of Pathman Lewis. I'm here on behalf of Bayside Ashkenazy. I want to clam a couple things. I think you do understand that we're not acquiring any air rights. We are a leasehold interest, not a fee interest, and it's a temporary structure, as Commissioner Carollo has pointed out. One other thing I'd like you to consider -- and we'll talk a little bit about the percentage rent and how it all works -- Bayside is going to be spending roughly about $70 million to renovate this. Retail has changed, so we're adding amusements; that's why we looked at the sky wheel -- Commissioner Carollo: Excuse me. Mr. Pathman: -- excuse me -- Sky View -- Chair Russell: Just a second. Mr. Pathman: --observation tower. And -- Chair Russell: Let him finish. Mr. Pathman: -- what we're doing is, like any other tenant, they are a subtenant of the City, but they're a tenant for us under the lease, and we are renting them space to erect this structure. If you're talking about having additional rent, are we going to talk about that for every tenant we get? What if we have an Apple Store or a Nike town and they're successful? Are we going to have to give City rent on those structures or on those properties, or on those tenants? So we have a lease in place that does give to the City rent, and there's a provision that if we hit a certain threshold, you get additional rent, or you get additional dollars. Joe Press is here from Ashkenazy, and I'm going to have him explain that and answer your question, because there is someone here from Bayside who can answer that. Let me introduce Joe. Chair Russell: (UNINTELLIGIBLE) Commissioner Carollo: Let me talk before -- Chair Russell: Commissioner. Commissioner Carollo: -- okay? Because I don't like double talk. Now, we're not talking if they're bring in an Apple Store in the ground -- Chair Russell: Agreed. Commissioner Carollo: -- or anybody else. We're talking going up; that you don't have a right to do, unless we approve it. Going up is what we're talking about. Chair Russell: That's what -- City of Miami Page 94 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Carollo: And you know well that this is going to bring Bayside a big change of money. And my problem here is -- again, I'll say it for the fourth or fifth time -- not the Ferris wheel. I think that's great for the City, and we should have had one probably years ago, this kind of Ferris wheel; not the one that you get at the FIU when we have the Fair, or that kind of stuff. This is in a scale of its own, and I understand that. The problem is that you guys are going to make a bundle of money. But why don't you proffer what percent you're getting from the Ferris wheel people in the deal? Joe Press: For us, it's not -- Hi. Joe Press, with Ashkenazy Acquisition, owners of Bayside. For us, it's not just what revenue the wheel will bring in. It's what it does for Bayside; it will help out Bayside. It'll help to drive traffic, and overall, revenue at Bayside will be up, which the City will get its 6 percent on that. Commissioner Carollo: Sure, but you're still going to get a heck of a lot more revenue from the wheel. And the 70 million that he talked about that you guys are spending on renovating that, you were spending that before the wheel. Mr. Press: Not necessa -- I mean, part of it's the wheel; part of it's -- We have an obligation to spend substantially less than that under our ground lease, and the City gets 6 percent, without a deduction for any expenses, or any capital expenses. Commissioner Carollo: Well, the deal that you have with the City is for a ground lease; it's not to go up in the air. This is a different story. In fact, maybe we should get some pictures of what was in that space beforehand. That was green space with trees, okay? Chair Russell: No trees. Commissioner Carollo: Space that would not bring them a penny. Now it's been created so they could make more money, and that's fine. I have no problems with that. My problem is that you're getting something that's not contemplated in the lease that Bayside financially would be fine without it, so it's going to be a huge windfall for you, and you don't want the City to get its fair share, and that's the problem that I have. And I'm not a fool. I'm not here to kiss anybody's behind. I'm not here to be a rubber stamp so I could be patted on the head or on the shoulders and say, "Good boy. You're not a problematic Commissioner. " I'm here to represent the citizens and the residents of Miami for their best interest, not yours or anybody else's. Chair Russell: Thank you, Commissioner. You've been incredibly clear. I think -- let's get to the bottom of it. Is the rent that's being passed through from the Ferris wheel to Bayside going to meet the threshold, where the City will start receiving 6 percent profit? Mr. Press: Yes. Chair Russell: And do we have any estimate of what that would be? Mr. Press: I do not have an estimate, because again, for us, it was less about what revenue the wheel would bring in; it was what it would do for Bayside. Chair Russell: But you do have a rent number with the wheel? Mr. Press: I don't. Chair Russell: You don't? City of Miami Page 95 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Press: I don't have a rent number. Chair Russell: I don't understand. Mr. Press: Saying there's -- it's just what -- the revenue the wheel brings in. I didn't Chair Russell: Okay. So your deal is a straight --they put a hundred people on the wheel; you get apiece of that? Mr. Press: Correct. Chair Russell: And then that passes through to its if you -- Commissioner Carollo: Okay. Chair Russell: -- reach your threshold? Mr. Press: Yes. Correct. Commissioner Carollo: So if you're not making any money there, then maybe you guys won't have any problems if we partner upon the profit. We get 50 percent for the City; you get 50 percent. Mr. Press: I'm not saying we're not going to make money. What I'm saying is, I didn't -- Commissioner Carollo: Let's partner up. Mr. Press: -- do projections -- Commissioner Carollo: You're not going to make any money on it, so let's both get 50 percent (UNINTELLIGIBLE) money? Mr. Press: You want to put in 50 percent to the capital? Commissioner Carollo: Excuse me? No, we don't have to do that. You have to do that. Mr. Press: I'm just saying, you're talking about property rights. Commissioner Carollo: You're not putting -- Vice Chair Gort: Hey. Commissioner Carollo: No, excuse me. You're not putting any capital -- Chair Russell: Let's not argue back and forth, please. One at a time. Commissioner Carollo: You're not putting any -- Chair Russell: One at a time. Commissioner Carollo: -- capital up. Bayside is not putting any capital up -- Chair Russell: Okay. City of Miami Page 96 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Carollo: -- in putting that wheel up, outside of maybe the trees that were taken out. Chair Russell: There were no trees removed. Commissioner, just a moment. Commissioner Carollo: Yes, there were, sir. Chair Russell: Were there trees that --? Commissioner Carollo: They had a right to remove them, but there were trees removed. The area where it's going in -- Chair Russell: Is apiece of grass with nothing on it. Commissioner Carollo: No, it -- well, now it is, but before it became a piece of grass, there were trees there. It was green space. But they had a right to do it; I'm not questioning that. What I'm trying to point out is that it was dead space for them. They created new space so that they could take air rights and make a lot of money on this. Chair Russell: You're clear. I understand. Commissioner Hardemon, Vice Chairman. And then Commissioner, if you have a specific ask, let's do it. Commissioner Reyes: Yes. Commissioner Carollo: I just told him, 50 percent. Chair Russell: Okay. Commissioner Carollo: He says they're not going to make any money. Chair Russell: All right, Commissioner Hardemon. Commissioner Hardemon: I think this is an interesting issue. We're talking about bargaining for property rights that apparently you do not have. You do not have the right to go to that height. And so, right now you're asking for the right to go to that height. And certainly, new property rights should come with some sort of value. They have a value. And so, the question is, what is that value to us? So I think it's interesting. If you're partnering with an organization that's going to build the wheel, that they're not paying the rent; they're only paying you a percentage of their revenue, that means that they anticipate this is going to be quite lucrative, because at some point, you will say, "There has to be a ceiling to how much revenue I'm going to pay you." And so, even in talks of partnership, since we have the air rights, it could be a partnership. It could be -- right? -- I would think so -- between Bayside, the City, and whoever the vendor is. But also, I understand why the Commissioner is asking at least for additional revenue when it pertains to that park. Now, the 6 percent, we understand how that goes. It goes to Bayside. And I agree with you that it's -- you know, it does not -- if they built a square footage building there that's below the right -- below the height, then, you know, we wouldn't be having this conversation. Commissioner Carollo: Yeah, exactly. Commissioner Hardemon: But the fact of the matter is that because you're going higher, getting zoning changes that are going to make this possible, that there's going to be a new stream of revenue, it's a new opportunity to come to the table. City of Miami Page 97 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 And so, I get it. I get why the Commissioner is saying, "Maybe we should have additional revenue for that particular structure that you're building at that site that's going to be higher, and that's going to generate a significant amount of traffic that's going to benefit Bayside" And so, you know, that's not lost upon me. So I -- you know, even though the convey -- it seems to be this is not an easy issue to talk about at this moment, I think that it makes sense. Commissioner Carollo: Well, the problem, Commissioner, is that, look, I don't mind them being pigs; I do mind them being hogs, and this is what I'm seeing right now. They're trying to fool everybody here by, you know, coming with a white hat that "Bayside is great. " They'll do "A" amount of scholarships, whatever, but they're going to make a lot of money on this; and our residents in all our districts, particularly your district, my district, that are the two poorest in Miami, deserve additional dollars. In fact, we can't keep going on with the City that in the good years when real estate is going up, we spend like drunken sailors. If we don't bring in new revenues so that in the bad years when real estate goes down, we don't have enough money, and we start cutting in the unions, threatening layoffs, cutting back on City services. And the reason this is happening, we've been in that cycle for several decades, is that we have done nothing -- this Commission, past Commissions -- to bring in substantial -- Commissioner Hardemon: New revenue. Commissioner Carollo: -- recurring additional revenue that's unrelated to property taxes in the real estate market so that we can guarantee a solid foundation in future for Miami; all of our children, grandchildren in Miami. And I'm tired of doing business as usual in the City of Miami that big shot developers, big shot law firms, big shot -- owners of big projects come here and they take members of this Commission up for suckers; they fill their pockets with millions of dollars, and our residents get the short change. Commissioner Hardemon: Is "suckers" a restaurant? Chair Russell: Commissioner -- Vice Chair Gort: Wait a minute. Chair Russell: Just a moment. I don't believe we need to disparage the applicant. I believe we need to make sure our Real Estate/Asset Management Department is fighting for us before it comes to us. This shouldn't be happening up here. This should be brought to us with a good deal for the City. Commissioner Reyes: Yes. Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. Let's get this straight. You see, we are building -- we are changing the zoning, and giving you the right to place a new business, which is the Ferris wheel, on land that you couldn't use otherwise, right? This is an additional revenue that is going to come to Bayside. It's not part of the original deal with Bayside. Am I right? Chair Russell: No. We're not changing the zoning; we're doing an exception. Commissioner Reyes: Oh, an exception. We're doing an exception. Chair Russell: Just to be clear for the record. City of Miami Page 98 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: Allowing a new business -- Chair Russell: Just to be clear for the record. Commissioner Reyes: -- that's going to be established there; that, otherwise, if we don't take action, that business could not be established there. Vice Chair Gort: Right. Commissioner Reyes: Now, my question is the following: I think that Commissioner Carollo is raising a very interesting point. The issue is that once you start doing --I mean, that Ferris wheel start -- which I support -- start generating revenues, because you're going to charge per trip, right? Chair Russell: Yes. Commissioner Reyes: If you charge $20 per trip, then how much is going to Bayside? Mr. Pathman: Joe? Mr. Press: The revenue projections are how much -- Commissioner Reyes: How much. Just give me -- Chair Russell: What are the revenue projections, and what are the percentages that Bayside (UNINTELLIGIBLE)? Commissioner Reyes: What percentage of the $20 goes to Bayside, and what goes to the person that placed that wheel there? Mr. Press: It's revenue split. Commissioner Reyes: It's a split? Mr. Press: Yeah. Commissioner Reyes: 50 percent? Mr. Press: Yes. Commissioner Reyes: And the City is getting 6 percent of your 50 percent? Mr. Press: Correct. Commissioner Reyes: You think that's right? Mr. Press: Yes. Commissioner Reyes: Why? Mr. Press: No. I'm saying that's what (UNINTELLIGIBLE) -- Commissioner Reyes: No, no. That is the thing. Unidentified Speaker: Excuse me. City of Miami Page 99 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: Now, the issue here is since this is a new revenue -- source of revenue, why don't we get a higher share? And instead ofjust -- what we're doing is we are locking that new business with the old contract we have, and I think there is room to do a new contract based on the additional revenues that we don't have -- you wouldn't have received if we had not allowed you to do it. Chair Russell: All right. Vice Chairman Gort. Commissioner Reyes: Am I right? Vice Chair Gort: There's a couple of things I'd like to clarify, Commissioner. First of all, I live in the same house for 56 years. There's no money going into my pocket. Nobody pays me off, and nobody can pay for my vote. I just want to make that clear. Commissioner Carollo: Commissioner, no one's talking about that. Vice Chair Gort: You talk about -- Chair Russell: Okay. Commissioner Carollo: I'm talking about making a good deal. Vice Chair Gort: No. You talked about -- Chair Russell: Please, let him finish. Vice Chair Gort: -- us being fools, because of accepting this. Commissioner Carollo: Yeah. Vice Chair Gort: The reason I accepted this -- Commissioner Carollo: Because they're not giving us the information. Chair Russell: Please, don't argue. Let him finish. He didn't interrupt. Vice Chair Gort: The reason -- My understanding is, this is going to be -- the 6 percent is going to be coming to us. At the same time, this is going to increase the volume that's going to take place in all of Bayside; not only because of the wheel itself, but more people will be visiting the area. As we all know, Bayside has had its ups and downs, and it's been down, and it's time for them to make some changes, so it can go up. At the rate it has continued to go up, we will continue to get more, also. That's the only why I brought this in here. But at the same time, they've been working with the neighbors for a long time. And you all aware of how the residents in Biscayne Boulevard feels about anything that's being placed in there. Commissioner Carollo: I'm in agreement -- Commissioner Reyes: Mr. Chairman? Commissioner Carollo: -- with everything you said, Commissioner, but the problem here is very different. The problem here is that they're getting -- I think that -- what was the percentage that you said that you were --? Chair Russell: 50150. City of Miami Page 100 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Vice Chair Gort: 50150. Commissioner Carollo: 50150. Okay. Well, at least we're now coming with a little bit of the information that the Commissioners should have been given, because if he would have been given all the information, I don't think he would have brought this up here or respond to this at all. It's got nothing to do with the Commissioner, per se. No one's questioning his integrity. This has to do with the information that Bayside has not provided. Now, you're telling us it's a 50150 split. You know well that the Apple Store -- Nobody gets in Bayside, unless you haven't done calculations of what they could make. And I have to assume that, in particularly, something like this, you've done those calculations. So you must know a number. Mr. Press: Again, what we're -- Commissioner Carollo: Otherwise, you know, on one hand, you're telling me you're not going to make much money, but on the other hand, you're telling me you want them, because they're going to bring all those people. Well, if they're bringing all those people, you're going to make more money. So, you know, it doesn't jive what you're telling me. You contradicted yourself. Chair Russell: Just a moment. Vice Chairman -- Commissioner Reyes: Yes. Commissioner Reyes: --and then Commissioner Reyes. Commissioner Reyes: Yes. Chair Russell: Vice Chairman first. Vice Chair Gort: No. That's all right. Go ahead. Chair Russell: Okay. Commissioner Reyes. Commissioner Reyes: You see, I do understand that we -- by having that wheel there, we're going to have -- you're going to --Bayside is going to have benefits; that there are two types of benefits. One is going to be a direct benefit, which is based on the -- what is charged for the ridership, right? What they make. The other one is an indirect benefit that we -- right now -- I mean, based on our -- the deal that we have with you, I mean, that is fine. We get 6 percent of that indirect benefit if people stay and they -- I mean, they spend money in Bayside. But what -- I think what Commissioner is saying, and everybody here is wondering, the direct benefit that you're going to get, because -- or as a consequence of having that wheel there, that we are only getting 6 percent of it; that we should get a little bit more. That is the only thing that I'm saying. Commissioner Carollo: Well, I -- Commissioner Reyes: The indirect benefit, we are not going to measure it, because it is not -- you don't -- we don't have a probability of measuring. Chair Russell: Thank you. Commissioner Reyes: It's going to happen, but we don't have a way of measuring it. Chair Russell: Commissioner Hardemon. City of Miami Page 101 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: For the direct benefit, yes. Chair Russell: Commissioner Hardemon, then Commissioner Carollo. Commissioner Hardemon: So the 6 percent number has been negotiated. Commissioner Reyes: That's right. Commissioner Hardemon: Since Bayside became a partner in the City of Miami, you know, Bayside has provided a number of opportunities for business owners and for improvements, economic development in our communities, as well as scholarships for students. We know that to be a fact. And so, when I look at it, the 6 percent to me is a foregone issue. I believe that part of the reason that they may not have projections is that -- well, maybe they do have projections, but even so, if it doesn't cost them to build it, and they get 50 percent of what comes in, there's no risk to them -- Commissioner Carollo: That's right. Commissioner Hardemon: --so they make money. It should be profitable for them, either way. And since we have the property right, which is the air right, I think that not touching the 6 percent, we should at least -- and I'm probably saying something that all of you already probably have anticipated or talked about already -- that we should at least participate in the revenue sharing for the wheel. That's -- Commissioner Reyes: That's right. Commissioner Hardemon: -- above and beyond the 6 percent. Why? Because it's like a windfall, because it wasn't anticipated as a property right. It's a new day. It's a new year. You still win. You don't have to put any more money in. It's nothing different than what it was before, because at the end of the day, it's this: If they had a tenant that was paying rent, most likely, that tenant is not paying a revenue - sharing rent; he's paying rent. And at some point, he's going to stop at that ceiling of whatever his rent is, and he could make infinitely more dollars. But here, there's no ceiling, it appears to be. They get a portion of the revenue that comes in until people stop riding. And, you know, we can anticipate that this wheel, maybe it becomes the "Miami Wheel, " or something of that nature. And so, why shouldn't Miami participate with that -- Chair Russell: Thank you. Commissioner Hardemon: -- especially when we have the right? Chair Russell: And if I could, Mr. Pathman, there's a lot of math going around here, but the most important math is one, two, three. And you've already heard three Commissioners now state they'd like to see a little better deal -- Vice Chair Gort: We agree. Chair Russell: -- for the City. Is there a proposal you would have to counter what Commissioner Carollo has said that we can actually wrap this up in the next three minutes before the budget hearing begins? Otherwise, this may get tabled. Mr. Pathman: Giving me that much time, huh? Chair Russell: It may get tabled. Well -- and we spoke about this, actually. City of Miami Page 102 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Carollo: Well -- Chair Russell: I really see the will to go through with this, but I mentioned to you that maybe this might come up, so I hope you have something (UNINTELLIGIBLE). Mr. Pathman: I'll need to confer with my client, but I want to clam a few things. One, we've always been open about 6 percent. What our deal was with Sky View of America, it's 50 percent. It's net, not gross. We've never been approached by the City until today about revenue or any revenue share. I don't want to debate the whole idea of air rights, but I disagree with a lot that's been said, because we are a leasehold interest. I do agree that we need the Commission's approval in order to have this kind of amusement, but these kinds of things that we're proposing today we're doing because retail and everything has changed, and you need to have draws to a place like Bayside; otherwise, you're going to have a failure on your hand. We hope it creates a lot of revenue. But earlier, it was stated, you know, the London Eye. The London Eye has been bank -owned twice; that's how much money they've made in London. We don't know what that revenue stream is going to be. Let me confer with my client for 30 seconds and see what can we do, some adjustment, but it has to be something that takes in consideration the cost of our operation, a net situation, and include some rent factor, plus the 6 percent you're already getting, and then we can probably come to some kind of number. But I need to confer with them. You know, this is not something that we were prepared to discuss today, but we put it on the table from the very beginning about what our operations were and everything we're doing. I discussed it with the Commissioner. I've discussed it with all the Commissioners, actually, including the Administration. So let me confer with them. If you can give me just 30 seconds? Chair Russell: Yes. Mr. Pathman: Okay. Thank you. Chair Russell: Commissioner Carollo. Commissioner Carollo: Every store that goes there, they do calculations. They have numbers -- Chair Russell: Of course, they do. Commissioner Carollo: -- what they expected. They're not being straight with us on this. And the bottom line is, whether they tell us they're going to make $10, $10 million, $20 or $20 million, we should get, I suggest, 50 percent of it, of what they're getting. So that's fair. We're getting 25 percent of the whole deal. From what they said, the Ferris wheel people are getting 50 percent; then out of the 50 percent they're getting, we're getting 25. It's a windfall for them. They're telling us, "Hey, they're only bringing this here" -- Chair Russell: Yeah. Commissioner Carollo: -- "to bring additional business to the rest of the Bayside. " Chair Russell: No. You -- Commissioner Carollo: "They're really not making any money on this. It don't matter. " Then why are they fighting us so much -- Chair Russell: No. They're making money. City of Miami Page 103 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Carollo: -- on the percentages? Chair Russell: Nobody's saying they're not making money. What they're not telling us is the exact projection. And you are absolutely right; it's easy to make such a projection. Commissioner Carollo: Sure. Chair Russell: There's a finite number of units on the wheel. It'll be operating for "A" number of hours a day, and they'll know at 100 percent what they make. Commissioner Carollo: Yeah, but gentlemen, this -- Chair Russell: At 50 percent capacity of what they make. Commissioner Carollo: -- if you heard what I said. I mean, this is -- Chair Russell: Oh, yes. Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: You've been clear. Commissioner Carollo: -- I mean, this is top -of -the -line wheel; they're air conditioned, they're going to serve drinks there, they have tables. I mean, this is a really nice operation, where it's going to make a lot of money; that's why they want it. Do you think that if this was not going to make any money, they'd want to bring it here? Chair Russell: No. I'm -- Commissioner Hardemon: The -- you said the London Eye was bank -owned twice. That doesn't mean they didn't make any money, though. Commissioner Carollo: Yeah, that's for sure. But -- Chair Russell: So -- Commissioner Carollo: -- my problem here is that our Administration has not demanded that we get the numbers that they ran -- Chair Russell: Yeah. Commissioner Carollo: -- or if not, inquire ourselves. There are plenty of places across America that you can ascertain real quick in areas that you have the kind of traffic we have here at Bayside, which might be unequal to any other area in America -- I don't know -- supposedly in this area, we have 23 million people that come a year. I don't know if that's accurate or not. But you could easily compare two or three other places in America and find out what they're making; you might be surprised. You know -- Chair Russell: All right. Commissioner Carollo: --the potential is here. Chair Russell: So -- City of Miami Page 104 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Vice Chair Gort: I think we got to find our numbers. Chair Russell: Yeah. So Commissioner Gort and I are comfortable. You need to find a third vote, and you've got some requests here, so. Mr. Press: Right. So, you know, what we were just trying to conference very quickly -- because it's not something we were planning on talking about -- you know, our issue is, again, it's on a gross number, so it doesn't actually go down to net, right? The high -- Chair Russell: (UNINTELLIGIBLE) he said it's on a net number. Mr. Press: No. I'm saying, but our 6 percent is on a gross number -- right? -- with no deductions for any type of expenses. So wherever -- so regardless of how much our expenses increase over time, you know, it's -- you know, we're still paying the same thing. Commissioner Carollo: Yeah, but what -- Chair Russell: Let him (UNINTELLIGIBLE). Commissioner Carollo: -- you're getting is after they take out the gross that they would have with you per contract. What you're getting then is really not gross, because you don't have any expenses out of what they give you. So we should get half of what you're getting. Mr. Press: At a certain point, it's not worth it for us to do this, right? So, you know, we're -- Commissioner Carollo: (UNINTELLIGIBLE). Come on (UNINTELLIGIBLE). Chair Russell: Let him finish, please, please. Mr. Press: So -- Chair Russell: You've made your request. Mr. Press: Right. We're --you know, there's a lot of things we do at Bayside. We spend a lot of money to drive business, to drive traffic. We spend half a million a year on live musicians. It's hard to tell what the return on all those things are, so we're doing what we can to make Bayside succeed, hit our breakpoints, and pay the City, hopefully, a lot of money, because paying the City a lot of money, we're making a lot of money. I mean, we could -- a 50150 split, it just makes no sense. It just doesn't work. Commissioner Carollo: Why doesn't it work? Because it doesn't leave enough money in your pocket? Chair Russell. Correct. Commissioner Hardemon: Look -- Mr. Press: So what I can do is, essentially, pay double what we're currently paying. So it's 6 percent; we could go to 12 percent. But more than that, it's just -- the project doesn't make sense for us. Commissioner Carollo: Well -- but -- City of Miami Page 105 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Just -- let's understand what he's offering. 12 percent of what? Mr. Press: 12 percent of whatever we receive from the wheel. Chair Russell: From the wheel? Mr. Press: Right. Chair Russell: Regardless of thresholds, et cetera? Mr. Press: Yeah. Commissioner Reyes: Which is it? Chair Russell: I would like to know if there is a -- Commissioner Carollo: That's not even a quarter. Commissioner Reyes: Okay. 12 percent of what you receive? Mr. Press: Correct. Commissioner Reyes: That otherwise, we were not receiving anything from the wheel? Chair Russell: No. We were. Mr. Press: We -- you received (UNINTELLIGIBLE). Commissioner Carollo: 6 percent. Commissioner Reyes: We were (UNINTELLIGIBLE) 6 percent -- Chair Russell: Right. Commissioner Reyes: (UNINTELLIGIBLE) receiving 12 percent. Mr. Press: Correct. Commissioner Reyes: 12 percent from the wheel? Vice Chair Gort: Okay. Chair Russell: Is there a third -- Commissioner Reyes: Much better. Chair Russell: -- Commissioner here -- Commissioner Reyes: Much better. Chair Russell: -- who is satisfied with the deal as is or is -- Commissioner Reyes: Much better. City of Miami Page 106 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: -- willing to take the offer that they are having at 12 percent (UNINTELLIGIBLE)? Commissioner Carollo: What I'd like -- Vice Chair Gort: I'll always take an offer. That's -- Chair Russell: (UNINTELLIGIBLE). Later... Chair Russell: The other direction is to approve this today with the offer that they're giving us. Commissioner Gort, would you like to make an amendment with regard to the offer they've put on the table? Vice Chair Gort: I'm willing to take the amendment, and I understand what he's trying to do, but I don't think this is the place to be negotiating right here in this meeting. I think we should have done that way before. This should have come up. This is the second reading, and we're discussing about an additional 6 percent. And I understand -- you know, every time you invest money, you're going to have a return on your investment, and you got to be able to pay the loan for whatever it cost to do what you're going to build. So the air right that I see in here is not really the air right of a building when you get --not more of a profit. So I don't have any problem accepting the amendment of 12 percent. Chair Russell: All right. Chair seconds the amendment, as well. So I just need to know, before we take a vote, is there a third Commissioner here who's happy with receiving 12 percent of wheel revenue? Commissioner Carollo: Well, 12 percent is change in this deal. Chair Russell: All right. Vice Chair Gort: Fine. Okay. Commissioner Reyes: Listen, in order to try to solve this, I want -- I will accept that amendment if the direction to the Manager is followed, and if we find -- I mean, when they come with the results -- that it is more than 12 percent, then that is what we will receive. Chair Russell: I mean, they're going to build the wheel at that point. Commissioner Carollo: You misconstrued my instructions to the Administration. What I'm asking them to find out, the gross money that these -- Commissioner Reyes: Oh, the gross money, the total. Commissioner Carollo: -- that the wheels bring in, so you could see -- Commissioner Reyes: Oh, okay, okay. I'm sorry. Commissioner Carollo: -- what we're losing out. I mean, look, for them to give you 6 percent like this, that, you know, should be a flashing warning light of what's being left on the table. Chair Russell: Commissioner Hardemon -- City of Miami Page 107 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Carollo: You know, that's chump change in this deal. Chair Russell: -- are you ready to vote? Commissioner Carollo: You know what? I'll bet you that this might bring even more than your Ultra. Vice Chair Gort: Okay. Chair Russell: Well, you've doubled our revenue. Commissioner Hardemon: I think Commissioner Carollo is right. I think he's right, but, you know, I -- so I think -- right now we don't see any projections. I -- the reason that you're willing to do the 25 percent is because -- notwithstanding the projections, it's still 25 percent of whatever comes in, so it's a good deal. They went from 0 percent to 12 percent, right? That was the offer. Commissioner Carollo: Commissioner, but -- Commissioner Hardemon: It may be possible to do more -- Commissioner Carollo: -- they (UNINTELLIGIBLE). Listen -- Chair Russell: Let him finish. Commissioner Hardemon: -- but I don't think -- Commissioner Carollo: -- they will go higher, they will go higher. Chair Russell: One at a time. One at a time, please. Commissioner Hardemon: I believe that you're right. I believe that you're right. I believe that -- and, you know, there is something to say to receiving projections before you make a decision like this, but I think that once we receive projections, it's kind of going to be like one of those things where this thing could be very lucrative, and that might not be something they want to divulge. And so, the 25 percent would make sense. So I don't think I'm going to be the third vote on the 12 percent. I'm -- you know, I'm willing to kind of stick it out with Commissioner Carollo at least a little further. Chair Russell: So Commissioner Reyes is offering to be a third vote at 12 percent if we -- Commissioner Carollo: No. Chair Russell: --receive projections afterwards. Commissioner Reyes: No, but what I'm saying is if -- Vice Chair Gort: Look, let's vote on it and (UNINTELLIGIBLE). Chair Russell: Well, it's going to fail. You can see it right now. Chair Russell: Hey -- Vice Chair Gort: That's how I -- City of Miami Page 108 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Commissioner Reyes: -- wait a minute. This is -- Vice Chair Gort: -- I don't take it personal. If they want to fail it, fail it; that's fine. No problem. Commissioner Carollo: But this is not anything personal against Bayside or anybody there. Chair Russell: You've made your point clear. Commissioner Carollo: This is strictly running this City in a business -like way. This is to bring top dollars, the last dollar that we can for the residents of Miami. Chair Russell: You've made your point; let's not repeat it. Let's (UNINTELLIGIBLE). Commissioner Reyes: Wait a minute, wait a minute, wait a minute. Is there any possibility that we can get -- I mean, I don't know that if there is a similar wheel like this in the United States, but can we -- how long will it take for us to obtain some reports of -- revenue reports -- gross revenue reports of similar wheels, or as close as similar than this one? Mr. Pathman: Well, Information like that can take a while. I mean, you have to be - Commissioner Reyes: Awhile. Mr. Pathman: -- you have to be -- Commissioner Reyes: Define "while." Mr. Pathman: -- able to access it. I'd like to just bring up a couple things. One, we've had an open book the whole entire time for two years. Commissioner Reyes: Yes. Chair Russell: Yes, he has. Mr. Pathman: Okay. We've never hidden anything. We never said we wouldn't talk about revenue; it was never asked. What you're seeking today is going to kill this project, so we all end up with zero. Commissioner Hardemon: How? Mr. Pathman: Is that what you want? Because my client just advised me that he's not -- Commissioner Hardemon: You asked me a question. Mr. Pathman: -- he says -- Commissioner Hardemon: You asked me a question. You said -- Mr. Pathman: No, I didn't ask a question. Commissioner Hardemon: Yeah, you did. You said, "Is that what you want?" So I want to ask you -- I want to -- City of Miami Page 109 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mr. Press: Okay. Commissioner Hardemon: -- respond to what you just said. I want you to help me understand -- because I don't want to be unfair -- how us in the City of Miami, the residents, getting a greater percentage of revenue going to kill the project for you when the --? I don't know where your 25 percent is coming from. I don't know -- we didn't ask it from the vendor; we're talking about it from Bayside. And then you all can talk however you want to, you know, give the -- or split the 25, if you want to do it at all. But the question is, if you're getting new revenue where you don't have to spend any more money to receive that revenue, how is it that us getting apart of that revenue going to kill the project? Mr. Pathman: But we're giving you a part of that revenue now. You're also going to get the benefit of what we hope the wheel will do to Bayside, overall. You're going to get additional money, the 6 percent, over the whole life of the lease. And if it brings more people and more people are shopping at Bayside, you're going to get the benefit of all of that, as well. Commissioner Hardemon: But maybe -- Mr. Pathman: And we -- Commissioner Hardemon: -- it does not -- maybe -- so maybe it does not. Maybe it does not bring more revenue to Bayside that gets us more money than the 6 percent. Maybe it does; maybe it does not. But what we're talking about is not the revenue to Bayside. We're not talking about the 6 percent. We're talking about above and beyond. We're talking about what the wheel itself generates. If the wheel itself is generating new money, not contemplated necessarily in the 6 percent -- Mr. Pathman: Well, you know, we're talking abstractly about wheels, whether it's in London or whether it's in Tennessee, or Seattle. We've never been asked to give information. I can tell you, the London Eye has failed twice and been bank -owned. You had in Bayside a hot air balloon ride a few years ago; failed miserably, but when it was brought to the City's attention they thought they were going to make a lot of money, they went bankrupt. We -- Commissioner Hardemon: But they made revenue. Mr. Pathman: Commissioner, let me try to answer. Commissioner Hardemon: But you mentioned they made revenue. Mr. Pathman: We -- Commissioner Hardemon: Revenue -- we're not asking about profit; we're asking about revenue. I mean, for instance, the Miami Heat -- right? -- they say to the residents of Miami -Dade County that they're a failed organization. They do not turn a profit. They don't pay rent -- right? -- or taxes, or something to that extent. Chair Russell: Right. Commissioner Hardemon: But certainly, they create revenue. They have millions upon millions, if not over the years billions, of dollars in revenue. That's a much different conversation. So I'm trying to have a -- I'm trying to really, truly understand the point that you're making by saying, if we get additional revenue, that makes your organi --that makes your project a failed project. How? City of Miami Page 110 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Because they get less revenue. Mr. Pathman: We have already -- they've already invested about $2 million, because we've been here two years trying to get this done. They've got major construction costs and acquisition costs. The City's not sharing in any of that. Commissioner Hardemon: But what -- Mr. Pathman: And yet, you're going to have a revenue stream of what was offered today at 12 percent from the get -go, plus the benefit that it creates for Bayside on the other 6 percent that you'll be driving on the overall lease. It's a pretty healthy deal for something that's never been mentioned before by this City in our negotiations. Chair Russell: All right. Mr. Pathman: And it's very hard -- Chair Russell: Let's -- Mr. Pathman: -- to analyze what you're asking to analyze from the floor. Everybody here knows that if we don't have an approval today, basically, the project's dead. Chair Russell: I'm going to be -- Commissioner Hardemon: So tell me -- before -- Mr. Chairman -- before -- what is Bayside putting into this to make this wheel happen? What -- how much money is Bayside, the organization, spending to make this wheel happen? Mr. Pathman: I don't have an answer for that. Joe, do you have an answer? Mr. Press: Bayside is -- we're not putting any money in; we're giving the land for no rent and -- Commissioner Hardemon: Right. Mr. Press: -- taking the risk that it will generate revenue. Commissioner Hardemon: So you're similarly situated to us, right? You're giving the land to start the building; we're giving the air rights to finish the building -- construction. Chair Russell: All right. Because we're going to (UNINTELLIGIBLE) -- Commissioner Hardemon: Right? We're not putting any money. Chair Russell: We need -- Commissioner Hardemon: You're not putting any money. Chair Russell: Let me bring this to a close at the moment. Commissioner Carollo: No. Commissioner Reyes: May I -- Chair Russell: And I'm going to -- City of Miami Page 111 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Unidentified Speaker: (UNINTELLIGIBLE) someone else. Chair Russell: -- do you a favor. I'm going to do you a favor, because if the vote happens right now, let me tell you right now, you don't have it, and you should have it, and the reason you won't have it is because you're not prepared today. Our Administration's not prepared -- if they wanted to have this approved, they would have had the projections of the gross revenue, which my six -year -old daughter could do in about 10 minutes. You know exactly how many pods are on the wheel, how many hours it's operating. If it's at 100 percent capacity, you know what you're going to make. If it's at 80 percent capacity, you know what you're going to make. If no one's done that simple projection, I can't help you up here -- Commissioner Carollo: Well -- Chair Russell: -- because with that projection, you could have told us, "At 6 percent, you're making Y dollars a year; at 12 percent, you're making X' dollars a year," and you might have found the solid vote that you needed here, but we're talking abstract and percentages without a dollar attached. My recommendation, gentlemen, is that we table this till after the budget. That'll give the Administration time to talk with you about the right way this could be, based on what you've offered. What you've offered may be sufficient to find a third vote here if we understand what it means, but we don't at the moment, and that's why it's shaky. So that's my recommendation, gentlemen. I'd like to table this item till after the budget; we'll come back to it. And if they've got solid numbers that satisfy this board, we could move forward. Commissioner Carollo: The Administration is not going to get numbers after 5 p.m. today or tonight for us to look at. Chair Russell: They can. Commissioner Carollo: They have the numbers, but they don't want to give them to us. Chair Russell: Well, if -- Commissioner Carollo: Let me -- Chair Russell: -- they want this to happen, they will. Commissioner Carollo: -- say something else. You want to shoot craps with me, we're going to shoot craps. You're threatening that you don't get the 12 percent now -- And look how quickly they gave us another 6 percent. They're threatening that if they don't get the 12 percent, not a penny more they're going to pay, the project is dead. Its dead. It's done. You know, we're going to lose the couple of bucks that they're saying that they were going to make in land that they're giving up. Mind you, it's land that had trees and grass in it they weren't using. Chair Russell: No trees. Commissioner Carollo: Well, I'm going to say this to you, that I'm going to make the resolution. If you and the ownership decide you want to cancel it because we're asking more, I'll make a resolution that the Ferris wheel people, we invite them to come right next door, just a few feet over, and we'll only ask them for 30 percent, and they could keep 70. And you know what? We're going to make a heck of a lot more money than with them. How 'bout that? We don't lose them. City of Miami Page 112 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: All right. Commissioner Carollo: And even if it's going to cost them a little more because of the work they've done there on the Ferris wheel site, they're going to save so much money with us being on our site that it's not going to matter. So don't tell me again that it's going to be a dead deal, because it's not going to be a dead deal. We'll bring it right next door. So threaten someone else that doesn't know a little bit about business. Chair Russell: We have (UNINTELLIGIBLE). Commissioner Carollo: Because I assure you, if I was able to deal with Donald Trump in business, I could deal with all you guys or more. Chair Russell: All right. Mr. Pathman: We've been upfront the entire time. Chair Russell: Thank you very much, but you're not prepared in this moment to give the numbers we need. The timeliness issue of why we're trying to pass this today is this allows them to have it ready for Super Bowl, which it was going to have a -- an incorporation with the fan Jest that'll be going on in the area, and that's why we're trying not to defer the item, but rather, see if there's a solution here. But I do not agree with the gun -to -the -head shake -down method of negotiation. This is -- Commissioner Hardemon: I think -- Chair Russell: -- why -- what they have here is, it is do or die for them, because they -- this gavel right now decides whether they have a project or not, and we're asking them for more money, more money. Commissioner Hardemon: Mr. Chairman? Chair Russell: This wasn't negotiated in good faith with the Administration. It's a tough spot for them; I understand, but here we are. You need a third vote. And you're going to work together with the Administration now to see what projections look like, so we have some clear answers, and we'll bring this back after the budget. Commissioner Carollo: The -- Commissioner Hardemon: Mr. Chairman? Commissioner Carollo: -- only (UNINTELLIGIBLE) -- Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: I think, you know, using the term "shake -down, " it kind of implies something illegal is being done. Chair Russell: No, no, no. Commissioner Hardemon: No Chair Russell: Not illegal. Commissioner Hardemon: I'm -- City of Miami Page 113 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Just not very friendly. Commissioner Hardemon: The thing about it is that the Administration knows the type of issues that we're going to talk about. Chair Russell: Yep. Commissioner Hardemon: So I would say that it is their responsibility to talk about these things, and I don't -- I wouldn't think that they would not have mentioned it at all. As a matter of fact, I mean, when I did my briefings earlier this week, I mean, this is part of the conversation I had with them. So it's not as if no one knew that there would be Commissioners that would think about the value of the property rights that we would be giving up. So, you know, I think this is an issue that we could have -- that everyone could have easily anticipated. And, you know, it's just a matter of working out something that makes sense. No one's trying to fail a business, but certainly, there's going to be revenue; certainly, there's a lot of potential revenue to be made, and because we're giving up a new property right, we should have some value for it. Now, the question is, what that value is. And I think we're closer to a 'yes" than we were when we started. And so, I would not say to -- I would just say that we allow this to mature a little bit while we're in session, and then by the end, we may have a decision on this. Chair Russell: I think you're right. Thank you. We're going to table this item. The meeting's in recess until after the budget. Yes. We're going to take about a five- minute break just so that we can gather ourselves and -- Commissioner Reyes: And I need more than five minutes, because we just received the changes that -- Chair Russell: For the budget. Commissioner Reyes: --for the budget, and I haven't been able to look at it. Commissioner Carollo: Yeah. How much time do you need? Chair Russell: Understood. Commissioner Reyes: About 15 minutes; 15, 20 minutes. Commissioner Carollo: Okay. All right. Chair Russell: 15-minute recess, and we'll start. City of Miami Page 114 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PZ.17 ORDINANCE First Reading 6339 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY "75-R," CHANGING THE ZONING CLASSIFICATION FROM URBAN CENTER — RESTRICTED TRANSECT ZONE, TO "76-8-0," URBAN CORE — OPEN TRANSECT ZONE, OF THE PROPERTY LOCATED AT APPROXIMATELY 790 NORTHWEST 44 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.17 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ 17, please see "Public Comment Period for Regular Item(s). " PZ.18 ORDINANCE First Reading 6337 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 MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED HEREIN FOR THE PROPERTY LOCATED AT APPROXIMATELY 1040 SOUTHWEST 29 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RE� SULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.I8 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ 18, please see "Public Comment Period for Regular Item(s). " Citv ofMiami Page 115 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PZ.19 ORDINANCE First Reading 6338 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, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1040 SOUTHWEST 29 COURT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "75-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, TO 76-8-R," URBAN CORE TRANSECT ZONE - RESTRICTED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. [RESU7LT- NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.19 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ 19, please see "Public Comment Period for Regular Item(s). " PZ.20 ORDINANCE First Reading 6340 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 "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3640 BIRD AVENUE, 3601 BIRD ROAD, AND 3555 SOUTHWEST 29 TERRACE; AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 2990 SOUTHWEST 36 COURT, MIAMI, FLORIDA, ALL 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PZ.20 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.20, please see "Order of the Day." Citv ofMiami Page 116 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 PZ.21 ORDINANCE First Reading 6341 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 "D1," WORK PLACE TRANSECT ZONE, TO "75-0," URBAN CENTER - OPEN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601 BIRD ROAD, 3640 BIRD AVENUE, AND 3555 SOUTHWEST 29 TERRACE; AND BY CHANGING THE ZONING CLASSIFICATION FROM "74-L," GENERAL URBAN - LIMITED TRANSECT ZONE, TO 75-0," URBAN CENTER - OPEN TRANSECT ZONE, FOR THE PROPERTY LOCATED AT 2990 SOUTHWEST 36 COURT, ALL 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: Item PZ.21 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.21, please see "Order of the Day. " PZ.22 RESOLUTION 6486 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY Planning OSCAR RODRIGUEZ AND ALBERT A. RINCON OF AN EXCEPTION AND A WARRANT PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTIONS 7.1.2.4 AND 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PRIVATE SCHOOL FOR A MAXIMUM OF ONE HUNDRED FIFTY NINE (159) STUDENTS ON A SITE LOCATED WITHIN A "74-R," GENERAL URBAN CORE TRANSECT ZONE, AND "75-0," URBAN CENTER TRANSECT ZONE, LOCATED AT APPROXIMATELY 3030 SOUTHWEST 22 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.22 was continued to the October 24, 2019, Planning and Zoning Commission Meeting. Citv ofMiami Page 117 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 For minutes referencing Item PZ.22, please see "Public Comment Period for Regular Item(s). " END OF PLANNING AND ZONING ITEM(S) City of Miami Page 118 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 NA - NON -AGENDA ITEM(s) NAA DIRECTIVE 6583 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY City Commission ATTORNEY TO PLACE AN ITEM ON THE OCTOBER 10, 2019 CITY COMMISSION AGENDA REGARDING CITY COMMISSION'S APPROVAL FOR KEYS TO THE CITY OR CITY PROCLAMATIONS. LRESULT: DISCUSSED Commissioner Carollo: Okay. So then maybe you could put for the next Commission meeting an item where the Commission is going to require that before the Mayor can give a key to the City, or a proclamation naming any day after anyone that we have full transparency and it is approved by the Commission. Mayor Francis Suarez: That's a violation of the Charter, and I'm going to veto it. Commissioner Carollo: How is that a violation of the Charter? Mayor Suarez: It is. Commissioner Carollo: We have a right -- Chair Russell: All right. Commissioner Carollo: -- to dictate. Mayor Suarez: It's a violation of the Charter. Chair Russell: I'll let the City Attorney handle that. Commissioner Carollo: It's the key to the City of Miami -- Chair Russell: Gentlemen, gentlemen -- Commissioner Carollo: -- not the key of the lord Mayor. Chair Russell: In the spirit of Maurice Ferre, we're going to carry on with the decorum with which this day started. Incredible dignity graced this hall this morning, and I believe we can conduct ourselves in that same spirit. The Commissioner has a request; the City Attorney can deal with that with the Commissioner if something is to be drafted between now and the next meeting. I'd like us to get through the order of the day, but I believe his direction is clear to you to work with him. Okay. Commissioner Carollo: That's correct. Thank you. City of Miami Page 119 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 NA.2 DIRECTIVE 6584 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY City Commission MANAGER FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT TO OBTAIN REVENUE ESTIMATES FOR LOCATIONS THAT MAY HAVE SIMILAR FERRIS WHEELS TO THE ONE BEING PROPOSED; FURTHER DIRECTING THE CITY MANAGER TO PROVIDE SUCH FINDINGS TO THE CITY COMMISSION. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.2, please see Item PZ.16. Commissioner Carollo: What I'd like, before -- since they're not willing to be straightforward with us and show us their projections, and they're not willing to do that, because you're going to fall out of your chairs in whatever projections they show you. I'd like for the Administration, and they could do that real quick -- I don't even mind holding a special meeting for this, because I think it's that important in the potential amount of dollars that we will get for the City's future. I would like the Administration to instruct -- this Commission to instruct the Manager to have our Real Estate Department to contact key places that have similar -style wheels -- not what we get at the fair -- and get us some estimates of the amount of money that comes in. Chair Russell: So that's one direction. NA.3 DIRECTIVE 6585 DISCUSSION BY THE CITY COMMISSION REGARDING City Commission CHAPTER 2, SECTION 2-33(C)(7)(A), ADJOURNMENT OF THE CITY COMMISSION MEETING UNLESS THE TIME IS EXTENDED BY UNANIMOUS AGREEMENT OF THE MEMBERS OF THE CITY COMMISSION THEN PRESENT. RESULT: DISCUSSED Mayor Francis Suarez: Mr. Chairman, if I may? Chair Russell: Yes, Mr. Mayor. Victoria Mendez (City Attorney): I just wanted to (UNINTELLIGIBLE). Mayor Suarez: Sure, go ahead. Ms. Mendez: Okay. One point I just want to make. The items that are going to be continued, remember that it's continued to the like meeting. So if there's one item that you really want to see go to the next meeting, anybody may want to bring that up. Just -- if not, it's going to go to the like meeting, and it'll probably be October 20-something. Chair Russell: He doesn't care. Todd B. Hannon (City Clerk): 24th. City of Miami Page 120 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Mayor Suarez: 24th. Chair Russell: He doesn't care. Mayor Suarez: Mr. Chair? Chair Russell: So -- Yes, Mr. Mayor. Mayor Suarez: This is the second time that this has happened in the two years that I've been Mayor. I would strongly suggest that the Commission consider changing the rule and making it supermajority, or something like that, four -fifths, because you have a quorum and if -- you know, you have members of the public that have been waiting here all day, and I don't think it's respectful to the members of the public to do this, but -- Chair Russell: Not at all. Mayor Suarez: -- obviously, you know, that is the rule, but I think the rule can change and should change, and I think it should be a four/fifths rule going forward. Chair Russell: All right. So -- Commissioner Carollo: Mr. Mayor, if you want to talk about respect, it's more disrespectful to the majority of Miamians to be here until midnight, I or 2 in the morning, where we don't even understand half of what's going on, and voting for millions of dollars that we're not discussing properly or doing our fiduciary responsibility correctly. Mayor Suarez: I think you can speak for yourself, but I think your colleagues would disagree. Chair Russell: We would like to continue. We had a very extraordinary circumstance today with a funeral and a ceremony even in this room, which threw us off on our clock. Commissioner Reyes: Mr. Chair? Chair Russell: So now we're going to take an action on this item. Commissioner Hardemon: I do my best work at midnight. Commissioner Reyes: Mr. Chairman, can I -- Commissioner Hardemon: I do my best work at midnight. Commissioner Reyes: -- we at least move that they be heard on October 10? Chair Russell: Well, we can't take any action -- Commissioner Reyes: Okay. Chair Russell: --at this point. Commissioner Reyes: Sorry. City of Miami Page 121 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: But the action we have to take is to vote on this item. So my question is, from a procedural perspective, shall I open up for public comment on the action of this item? Yes. All right. Commissioner Carollo: No. Chair Russell: So -- Ms. Mendez: This is -- Commissioner Carollo: This is not public comment. Ms. Mendez: -- it's not subject to -- it's a procedural matter. Chair Russell: It's a procedural matter. It is an action of this Commission -- Vice Chair Gort: Of course. Chair Russell: -- and the public has the right to speak any time this Commission takes an action, and I believe everyone in this room has the right -- Commissioner Carollo: Not on this, not on this. Chair Russell: -- to let us know whether or not we should take this vote in this direction or not. Commissioner Carollo: Not on this. Chair Russell: I believe everyone in this room has the right -- Commissioner Carollo: No. Chair Russell: -- to speak for us to take an action. We are taking an action. Commissioner Carollo: They do not. You've heard the City Attorney state it that this is not the time for that; that happened. Chair Russell: What happened? Commissioner Carollo: This is a procedure that has to be followed. Chair Russell: Yes. Commissioner Carollo: If you don't like it, you could change it by ordinance, like the Mayor said. Chair Russell: I love the procedure, but the procedure also states that if we take any action, the public has the right to speak on it; and I guarantee you, everyone in this room who's been here for as many hours as all of us for an issue they care very much about, for their children, their schools, and everything that had no heads -up that this was going to end so abruptly, that they would just like to weigh in on that. Commissioner Carollo: Madam City Attorney, the ordinance says that if we don't take a vote now, then we can't keep going. Now, I am stating it clearly that I am not going to vote to extend the meeting further; the meeting comes to an end. City of Miami Page 122 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Ms. Mendez: It says that at the conclusion of the 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. Chair Russell: "Unanimous agreement" wouldn't imply a vote? I haven't said how I feel -- Ms. Mendez: Right. Chair Russell: -- definitively. Ms. Mendez: You -- so in the past -- Commissioner Carollo: Well, I've said it; it only takes one. Ms. Mendez: -- when this happened, it's unanimous agreement if everybody continues pulling through. It's not unanimous agreement if you have one of your colleagues saying that he's not going to unanimously agree. So unfortunately, we need to adjourn. Chair Russell: So the Ferris wheel misses its deadline, the school can't open, the other school is in limbo. All right. (Applause) Chair Russell: Commissioner, we'd be glad to defer any item you don't want dealt with, including any one of these, because if you care to be on the issue of one of these -- Commissioner Carollo: Commissioner, I've already stated what I've stated. Chair Russell: Just because you want to go home. Commissioner Carollo: I've already stated what I've stated; not just that I don't want to go home. Chair Russell: All right. Commissioner Carollo: Just that I have to do things that I can only do for myself. Iris Escarra: If I may, Commissioner? Chair Russell: I'm sorry; your name, please. Ms. Escarra: Iris Escarra, offices at 333 Southeast 2nd Avenue. Could I make a suggestion? Commissioner Carollo: No. Chair Russell: That's -- Commissioner Carollo: Nobody can. Look, what you're doing here -- Ms. Escarra: My suggestion would be the following. Commissioner Carollo: -- is breaking the rules. City of Miami Page 123 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 Chair Russell: Stop. Ms. Escarra: To the extent -- Commissioner Carollo: You're breaking the rules. Ms. Escarra: -- that the board wanted to continue certain items, there are some items that, if the board proceeds, I would appreciate if they could go on the October 10 meeting? Soto the extent -- Commissioner Hardemon: Mr. Chairman? Ms. Escarra: -- if it was extended for only extensions -- Chair Russell: I understood your point. Thank you. Commissioner Hardemon. Commissioner Hardemon: We know on this agenda we have a number of different items. We have resolutions. We also have PZ (Planning and Zoning) items. We learned a new rule, if you will, with our PZ items at our last meeting, and now we're here. And I will say this: This is the rule. We have to follow the rule. And I will say, Mr. Chairman, when you walked out on that meeting that day -- Chair Russell: Yep. Commissioner Hardemon: -- you used a rule. Although I thought you used it incorrectly, you -- your explanation was that rule. And so, we may not like it, but that's his prerogative according to the rule. Chair Russell: Absolutely. Commissioner Hardemon: So he -- you know, it is what it is. So I think that, you know, prolonging this is just -- is unfair to everyone. We should just -- we should end the meeting. Chair Russell: Right. Commissioner Hardemon: Right? The only reason -- like I always say -- I jokingly say it, "I do my best work at midnight, " which means that I'm willing to stay here and continue to work. However, the rule was put in place for a reason. We thought about changing the rule when you did it; we didn't. And the rule is probably -- it probably makes good sense so that people aren't forced necessarily to be here after ]Op. m., discussing City issues that we're going to vote on. If they choose to be here, great, but they're not forced to be here. And so, you know -- Chair Russell: I understand. Commissioner Hardemon: -- here we are. So I think we should just -- Chair Russell: And I don't -- I respect your position to leave, and I respect the rule, of course. I'm just going through the procedure, and I'm trying to convince you to change your mind. I know I can't. I know I can't. But I respect you for your position on the rule. Commissioner Carollo: Then Ken -- Chair Russell: But from a procedural perspective, I just want to know if we need to take a vote, and if we do, I believe everyone should be allowed to speak. If you're City of Miami Page 124 Printed on 1211712019 City Commission Meeting Minutes September 26, 2019 telling me there is no vote that can be taken on this, because it's clear that a unanimous is not here, then I cannot allow any public comment. So that's where we are. And you have my apologies. I have used this rule, as well, and I know how it makes the other Commissioners feel, so I do respect you. But everything will be automatically continued to the next like meeting that has not been addressed today. Vice Chair Gort: To the next first meeting, October 10. Chair Russell: Well, depends on the item. If it's a PZ item, it goes to the second meeting. Mr. Hannon: No, no, no, sir; all of the items. All of the items that are not being heard on today's agenda will be continued to the next like meeting, which is October 24. Chair Russell: 24th. Mr. Hannon: Yes, sir. Commissioner Reyes: Why not the IOth? Chair Russell: Because it's not alike meeting. It's not a PZ agenda. Even the non- PZ items. Mr. Hannon: They're all on the same agenda, sir. Chair Russell: All right. All right, then, I get it. We are adjourned. ADJOURNMENT The meeting adjourned at 10:26 p.m. City of Miami Page 125 Printed on 1211712019