City of Miami

City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com

Meeting Minutes

Thursday, January 28, 2016

9:00 AM PLANNING AND ZONING

City Hall Commission Chambers

City Commission

Tomás Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 28, 2016

CONTENTS

PR - PRESENTATIONS AND PROCLAMATIONS

AM - APPROVING MINUTES

MV - MAYORAL VETOES

CA - CONSENT AGENDA

PA - PERSONAL APPEARANCES

PH - PUBLIC HEARINGS

SR - SECOND READING ORDINANCES

FR - FIRST READING ORDINANCES

RE - RESOLUTIONS

BU - BUDGET

DI - DISCUSSION ITEMS

PART B

PZ - PLANNING AND ZONING ITEM(S)

MAYOR AND COMMISSIONERS' ITEMS

M - MAYOR'S ITEMS

D1 - DISTRICT 1 ITEMS

D2 - DISTRICT 2 ITEMS

D3 - DISTRICT 3 ITEMS

D4 - DISTRICT 4 ITEMS

D5 - DISTRICT 5 ITEMS

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9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE

Present: Commissioner Gort, Vice Chair Russell, Commissioner Carollo, Commissioner Suarez and Chair Hardemon On the 28th day of January 2016, 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 Hardemon at 9:01 a.m., recessed at 12:01 p.m., reconvened at 5:00 p.m., and adjourned at 10:35 p.m.

Note for the Record: Vice Chair Russell entered the Comission chamber at 9:03 a.m., Commissioner Gort entered the Commission chamber at 9:03 a.m., Commissioner Carollo entered the Comission chamber at 9:04 a.m. and Commissioner Suarez entered the Commission chamber at 9:06 a.m.

ALSO PRESENT:

Victoria Méndez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk

Chair Hardemon: Welcome to the January 28, 2016 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, our Vice Chair; and myself, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, the City Manager; Victoria Méndez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened by a prayer, and then the pledge of allegiance, and it will be in that order. So, I'll start with the opening prayer. If all of us may rise, please.

Invocation delivered.

Chair Hardemon: If I can have Madam City Attorney led us in the pledge of allegiance.

Victoria Méndez (City Attorney): Thank you, Chairman.

Pledge of allegiance delivered.

ORDER OF THE DAY

Victoria Méndez (City Attorney): Chairman, would you like me to read some of the --

Chair Hardemon: Sure.

Ms. Méndez: -- procedures to --? Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office. The material for each item on the agenda today is available during regular business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any City of Miami Page 3 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016

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 phone or other noise-making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts 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 requesting 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 end either 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. Thank you.

Chair Hardemon: Besides the Mayor, are there any other persons giving any proclamations?

Mr. Hannon: Not that I see on our protocol program for today, sir.

Chair Hardemon: Okay. What I can do is I can start with our CA (consent agenda) agenda, and then we can come back and return to the proclamations, if the Mayor does not arrive.

Later...

Chair Hardemon: Let's move into the Consent Agenda, before we move into any -- well, first of all, on the Consent Agenda, are there any items that we wish to remove [sic] to the Regular agenda?

Vice Chair Russell: Yes, Mr. Chair.

Chair Hardemon: What items would that be?

Vice Chair Russell: CA.4 and CA.5, please.

Chair Hardemon: Okay. Are there any other items that wish to be removed from the Consent Agenda to the Regular agenda?

Ms. Méndez: Are these going to be deferred?

Commissioner Suarez: Move the remaining items.

Todd B. Hannon (City Clerk): Excuse me, Chair. My apologies. It's my understanding, and I believe the Administration may want to withdraw a couple of Consent Agenda items.

Alberto Parjus (Assistant City Manager): Good morning. We'd like to withdraw CA.2, CA.3, and PH.11.

Commissioner Suarez: As amended.

Commissioner Gort: CA.2, CA.3 --

Mr. Parjus: And PH.11.

Commissioner Gort: -- PH.11.

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Commissioner Suarez: Wait.

Chair Hardemon: We're only dealing with the CA (consent agenda) items, (UNINTELLIGIBLE) --

Commissioner Suarez: Wait, wait, wait.

Chair Hardemon: -- so CA.2, CA.3.

Commissioner Suarez: As amended, with reference to my motion on approval of the CA items.

Mr. Hannon: Just a moment, Commissioners. So right now, Commissioner Russell would like to pull CA.4 and CA.5 from the Consent Agenda for discussion; the Administration would like to withdraw CA.2 and CA.3, so is -- if --

Commissioner Suarez: And I move the remaining items.

Mr. Hannon: Well, we need to do separate motions.

Chair Hardemon: I understand. So, what we'll do is just --

Mr. Hannon: Sorry. It's --

Chair Hardemon: Who moved (UNINTELLIGIBLE) --

Commissioner Suarez: I moved the remaining items; we passed them, and then we can defer (UNINTELLIGIBLE).

Chair Hardemon: Well, first --

Mr. Hannon: We need to make a motion first to withdraw CA.2 and CA.3 from the agenda.

Commissioner Carollo: Withdraw.

Chair Hardemon: Right. (UNINTELLIGIBLE) motion to withdraw.

Commissioner Suarez: Move to withdraw, as stated.

Chair Hardemon: CA.2 and C3 [sic].

Commissioner Suarez: Yes.

Chair Hardemon: Any objections? Seeing none, motion passes. The CA.5 and CA.6 -- CA.4 and CA.5 will be pulled to the regular agenda meeting. Seeing no objections, motion passes.

Later...

Chair Hardemon: Commissioners, Mr. City Manager, we have not asked for any of our continuances or deferrals in any of the regular agenda items. So, at this point, are there any regular agenda items and Planning & Zoning items that we want to defer later?

Daniel J. Alfonso (City Manager): Okay. As stated earlier, we withdrew CA.2, CA.3, and PH.11. And on the Planning & Zoning agenda --

Chair Hardemon: PH.11, you want that to be withdrawn?

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Mr. Alfonso: Yes.

Chair Hardemon: It has not been withdrawn at this point.

Mr. Alfonso: Oh, I apologize. I thought it was handled earlier. On the Planning & Zoning agenda --

Commissioner Carollo: And Mr. Chairman, could --? Mr. Manager, can you repeat that again, because you went --?

Mr. Alfonso: CA.2, CA.3, and PH.11 are withdrawn.

Chair Hardemon: And what Planning & Zoning items do you intend to continue so that we can put out a notice?

Mr. Alfonso: Commissioner, I was hoping to withdraw 19, but I'm told that it's not our item. It's actually the person's item, so they would have to agree to withdraw it.

Chair Hardemon: Whose item is PZ.19?

Mr. Alfonso: Mr. Elvis Cruz.

Vice Chair Russell: Is that being withdrawn?

Mr. Alfonso: I was hoping to, but no. The person that is bringing the item is the one that would have the right to withdraw.

Chair Hardemon: So it's still on the agenda.

Mr. Alfonso: Yes.

Chair Hardemon: We'll see Mr. Cruz in the afternoon.

Commissioner Gort: Yeah.

Chair Hardemon: And then we can take any action on it then. Are there any other PZ (Planning & Zoning) items?

Vice Chair Russell: Oh, I'm sorry; you're not asking me.

Chair Hardemon: You're recognized.

Mr. Alfonso: PZ.22 is being deferred for 60 days.

Chair Hardemon: Great. That was one that I was about to ask for. Thank you.

Commissioner Gort: What's PZ.22?

Mr. Alfonso: That is the lot size requirements. Planning & Zoning item.

Vice Chair Russell: PZ.20?

Commissioner Gort: Defer forever.

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Chair Hardemon: PZ.20. Let's move the item.

Vice Chair Russell: That is the St. Jude issue.

Chair Hardemon: Okay.

Vice Chair Russell: I believe it's being continued.

Chair Hardemon: Who's the (UNINTELLIGIBLE) the -- on the St. Jude issue, who is the applicant?

Commissioner Gort: We are.

Chair Hardemon: Is it a --?

Ms. Méndez: It is -- it was remanded from the court, but if -- to -- for it to come before you in order to have a hearing consistent with. I don't think they gave us a time frame with which to hear it. Give me one second.

Chair Hardemon: So it's -- I just want to be clear, that it's the City that has the ability to --

Ms. Méndez: Right. So assuming -- there wasn't a time frame. Sometimes they give us a tight time frame; there was not, so we could --

Commissioner Carollo: Mr. Chairman.

Ms. Méndez: -- put it on another agenda, if you wish.

Chair Hardemon: You're recognized.

Commissioner Carollo: And on the same topic, I just want to make sure with regards to process, so the courts -- I don't know what's the technical name.

Chair Hardemon: Remanded?

Commissioner Carollo: Right. Does that mean that -- okay, so it's not a historic site, and now we have to take it up again or --?

Ms. Méndez: We have to take it up again.

Commissioner Carollo: So we still --

Ms. Méndez: We definitely have to take it up again, but it --

Commissioner Carollo: Understood, okay.

Ms. Méndez: The only issue is that this is placed for a time certain at 4 o'clock, and I don't know what the parties involved will be doing, so that's why I don't know about -- unilaterally, taking it off right now would be --

Chair Hardemon: Well, for the PZ items, we'll be just putting out a notice that we intend to do it. That's how we've been doing it in the past, so it's not technically a motion that is -- it's something that can be -- well, it's a -- really procedure. It's notice versus us actually taking an action on the item. I want to dig further (UNINTELLIGIBLE) City Clerk knows that I want to dig further into those issues regarding that, but that's not for us to do today. Yes, sir.

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Vice Chair Russell: Especially on something as big as this item, where a lot of people we're expecting to come on it. That's why I was hoping just to express the intention to ask for a continuance of this item, as that would, early in the day, at least let those who are watching know that they have the choice to come or not come, but that our intention is to continue it. And asking for your indulgence as a point of privilege, we're expecting to have a small press conference right around the time of that time-specific, at 4:15, I believe, just to let the public know, because the St. Jude issue -- my office in District 2, on a daily basis, coming from both sides, we've been absolutely inundated with very passionate responses to the potential designation, as I'm sure you all went through on this issue before, so I'm -- you know, I'm not fully ready yet. I don't believe that we're -- that it's fully baked yet to where we can really make a solid decision on this one, and so I'm looking to at least -- that's the intention. I know it's not a motion at this point, as we're not addressing the PZ agenda, but I wanted to express that.

Commissioner Gort: Second.

Chair Hardemon: Well -- so are there any other items that wanted to be added? If not --

Commissioner Carollo: Mr. Chairman.

Chair Hardemon: Yes.

Commissioner Carollo: I would like to defer DI.3 to second meeting of February.

Chair Hardemon: FR (first reading) -- I had an item that I thought need more consideration, because there's some legal issues that we haven't quite ironed out just yet with Madam City Attorney, and that will be FR.2.

Ms. Méndez: Chairman, I'm sorry?

Chair Hardemon: No, I was just naming one of the items (UNINTELLIGIBLE).

Ms. Méndez: Oh, we're already -- okay. I didn't hear the motion. I'm sorry.

Chair Hardemon: So now I'll -- what I'll do is solicit the motion. The motion I'm soliciting is a deferral for items PH (public hearing) -- I'm sorry -- a withdrawal for item PH.11, a deferral for item DI. --

Commissioner Carollo: 3.

Chair Hardemon: -- 3 to the second meeting in February, a deferral for FR.2, and the motion shall also include notice of the intent to continue items PZ.20 and PZ.22. Is there a --?

Mr. Hannon: And Chair, if I may? For item FR.2, you wanted to defer that to when?

Chair Hardemon: The next regularly scheduled meeting, which will be --

Mr. Hannon: So March -- I mean, February 11?

Chair Hardemon: Yeah, that's fine.

Mr. Hannon: February 11, yes, sir. And again -- sorry; my apologies -- PZ.22, it's my understanding, will be deferred for 60 days, which would place that on the March 24 agenda. And PZ.20 is to be continued to the meeting of -- for February 25; am I correct on that statement?

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Chair Hardemon: If that's the next PZ meeting.

Mr. Hannon: That would be the next PZ meeting, yes, sir, February 25.

Chair Hardemon: (UNINTELLIGIBLE), so that's the motion that I'm soliciting. Is there a motion for that? Commissioner Suarez has moved it. Is there a second?

Commissioner Carollo: Second.

Commissioner Suarez: Because you're soliciting it.

Chair Hardemon: Right. It's been properly moved and seconded. Is there any further unreadiness about the motion? Hearing none, all in favor, "aye."

The Commission (Collectively): Aye.

Chair Hardemon: And it passes.

Mr. Hannon: And as the Chair stated, we will address PZ.22 and PZ.20 officially with a motion at 2 p.m. or thereafter.

Commissioner Suarez: Thank you.

Chair Hardemon: So let me make sure I'm -- Okay, let's move on with the regularly scheduled agenda. Item PH.1.

Mr. Alfonso: Mr. Chair, if I may for a second? We're -- he's going to address PH.1. On the personal appearance, I just want to note that some Commissioners expressed an interest in the City taking advantage of the good relationship that we have with FDOT (Florida Department of Transportation) and MDX (Miami-Dade Expressway Authority) in getting involved with improving the way the City looks under those guideways. So, Alberto Parjus, who's currently on the Aesthetics Committee for the bridge, and Peter Iglesias, our senior director for Building, Planning & Zoning, will be reaching out to both of those agencies to see if we can squeeze them into helping us clean up those areas under the guideways.

Chair Hardemon: Thank you.

PRESENTATIONS AND PROCLAMATIONS

PR.1 PRESENTATION 16-00130 Honoree Presenter Protocol Item

Associated Law Group Mayor Regalado Certificate of Appreciation

LUX Hair Salon Mayor Regalado Certificate of Appreciation

Paramount Engineering Mayor Regalado Certificate of Appreciation

1800 Club Condominium Mayor Regalado Certificate of

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Appreciation

Emerald Condominium Mayor Regalado Certificate of Appreciation

Neo Lofts Condominium Mayor Regalado Certificate of Appreciation

Andy Strasser Mayor Regalado Certificate of Appreciation

Winston Towers 100 Mayor Regalado Certificate of Appreciation

Alexey Burya Mayor Regalado Certificate of Appreciation

Brickell on the River Mayor Regalado Certificate of Condominium Appreciation

Onyx on the Bay Mayor Regalado Certificate of Condominium Appreciation

The Plaza on Brickell Mayor Regalado Certificate of Appreciation

Quantum on the Bay Mayor Regalado Certificate of Condominium Appreciation

Marten Advisory Group Mayor Regalado Certificate of Appreciation

Andy & Nicole Serafine Mayor Regalado Certificate of Appreciation

Althea Silvera for FIU Mayor Regalado Certificate of Library Appreciation

Wings of MC Mayor Regalado Certificate of (Motorcycle Club) Appreciation

Manny Acosta for UPS Mayor Regalado Certificate of Appreciation

Amigos for Kids Mayor Regalado Certificate of Appreciation

J's Helping Hands Mayor Regalado Certificate of Appreciation

Lock and Load Mayor Regalado Certificate of Appreciation

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PRESENTED

1) On behalf of the Citizens of Miami, Mayor Tomás Regalado presented Certificates of Appreciation to various organizations for their altruistic support of the City of Miami Mayor 's Christmas Toy Drive; thanking them for their generosity and dedication to the less fortunate children of the City of Miami.

Chair Hardemon: What we will do is start this time to make our presentations and our proclamations. Who's -- do you know who's making any presentations and proclamations today?

Todd B. Hannon (City Clerk): I believe it will be Mayor Regalado.

Chair Hardemon: Okay. So we'll -- for those of us watching, we'll have -- we're going to see if we can grab the Mayor, and we can be in --

Later...

Chair Hardemon: So, let's start with CA.4. You're recognized, sir.

Commissioner Gort: CA.4.

Vice Chair Russell: Thank you. CA.4 is regarding receiving of the funds from the --

Chair Hardemon: Well, I'll have the City Manager's Office --

Vice Chair Russell: Thank you.

Chair Hardemon: -- read it into the record, and then you can address it.

Vice Chair Russell: Thank you.

Chair Hardemon: CA.4, can you read it into the record?

Commissioner Gort: Mr. Chairman?

Chair Hardemon: Yes.

Commissioner Gort: The Mayor wants to be recognized.

Chair Hardemon: Oh, the Mayor is here, okay. Before we get into CA.4, let's move back to our proclamations, because the Mayor is here, so we can do that now. Thank you.

Mayor Tomás Regalado: Thank you very much, Mr. Chairman.

Presentation made.

APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:

Motion by Commissioner Suarez, seconded by Vice Chair Russell, to APPROVE PASSED by the following vote.

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Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Motion by Commissioner Suarez, seconded by Vice Chair Russell, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Chair Hardemon: All right, Commissioners, we're waiting for our Mayor to arrive for the proclamations, but until that time, are there any minutes from the meeting of December 10, 2015 that need approval?

Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the Regular meeting minutes and the Planning & Zoning meeting minutes for the December 10, 2015 Miami City Commission meeting.

Commissioner Suarez: So moved.

Chair Hardemon: It's been properly moved. Is there a second?

Vice Chair Russell: Second.

Chair Hardemon: It's been properly moved and second to approve the meeting minutes of December 10, 2015. All in favor, say “aye.”

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

Mr. Hannon: And, Chair, I'll show that motion for both Regular and Planning & Zoning.

END OF APPROVING MINUTES

MAYORAL VETOES

NO MAYORAL VETOES

Chair Hardemon: Seeing that there -- because there are no -- there are motions on the floor, I'll just ask the Clerk: Are there any mayoral vetoes at this time?

Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.

Chair Hardemon: Thank you very much.

Commissioner Suarez: Thank you, Mayor. Thank you.

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CONSENT AGENDA

CA.1 RESOLUTION 15-01631 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT SIXTEEN (16) RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, FOR PUBLIC RIGHT-OF-WAY; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. 15-01631 Summary Form.pdf 15-01631 Legislation.pdf 15-01631 Exhibit A.pdf 15-01631-Submittal-City of Miami Administration-Chapman Bed Availability and Status Report Jan 2016.pdf 15-01631-Submittal-City of Miami Administration-HFT Daily Bed Census Jan 2016.pdf 15-01631-Submittal-City of MIami Administration-Miami Rescue Mission-Hands Up Program-Client Roster Jan 2016.pdf

This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0027

CA.2 RESOLUTION 15-01702 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCALLY FUNDED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF NINETEEN (19) DECORATIVE LIGHT POLES ALONG STATE ROAD 968/SOUTHWEST 1ST STREET FROM FLAGLER STREET TO SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA. 15-01702 Summary Form.pdf 15-01702 Back-Up from Law Dept.pdf 15-01702 Legislation.pdf 15-01702 Exhibit.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

CA.3 RESOLUTION 15-01700 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE (3) PARTY ESCROW AGREEMENT, IN SUBSTANTIALLY THE

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ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TRANSFERRING REQUIRED FUNDS FROM THE CITY OF MIAMI TO FDOT FOR THE INSTALLATION OF NINETEEN (19) DECORATIVE LIGHT POLES ALONG STATE ROAD 968/SOUTHWEST 1ST STREET FROM FLAGLER STREET TO SOUTHWEST 17TH AVENUE, MIAMI FLORIDA; 15-01700 Summary Form.pdf 15-01700 Back-Up from Law Dept.pdf 15-01700 Legislation.pdf 15-01700 Exhibit - Agreement.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

CA.4 RESOLUTION 15-01408 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2015-2016 MEMORANDUM OF AGREEMENT-DISCHARGE PLANNING GRANT" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $340,000.00, CONSISTING OF A GRANT FROM THE MIAMI-DADE COUNTY HOMELESS TRUST TO PROVIDE EXTENDED OUTREACH AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH MIAMI-DADE COUNTY JUDICIAL AND HEALTH SYSTEMS, SAID SERVICES TO BE PROVIDED BY THE MIAMI HOMELESS ASSISTANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONDITIONED UPON RECEIPT OF FUNDS, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUBSEQUENT AMENDMENTS TO THIS GRANT CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. 15-01408 Summary Form.pdf 15-01408 Legislation.pdf 15-01408 Exhibit - MOA.pdf

Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0031

Direction by Vice Chair Russell to the City Manager to provide the City Commission with a monthly report detailing the number of “non-Pottinger” beds that are available on a nightly basis, in addition to the number of “non-Pottinger” beds that are not being used and therefore left open on a nightly basis; further directing that the information pertaining to open “non-Pottinger” beds be compared with the total number of “non-Pottinger” beds available each night in the form of a graph to determine if the number of open beds on any given night is increasing.

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Chair Hardemon: Okay, ladies and gentlemen, let's just have some decorum, and we'll move ourselves back to CA.4. You're recognized. Oh. Well, Mr. Manager, can you read CA.4?

Daniel J. Alfonso (City Manager): Mr. Chairman, good morning. CA.4 is an item where we're accepting a grant from the Homeless Trust of $340,000 for our Homeless Outreach Team. It is in a grant that we receive every year. I understand that there was some interest in having some discussions as to beds.

Chair Hardemon: Mr. Russell, you're recognized.

Vice Chair Russell: Thank you, Mr. Chair. Thank you, Mr. Manager. Good morning, everyone. I just wanted to take this opportunity to discuss the homeless issue just a little bit as we're receiving this grant. It's something that we talk about all the time. It's very important, but as I attended at least my first homeless census count, which is what we do every year for the Federal Government and for the County to count every homeless person in the County, and it was staggering to me how it really hits home; how, as great as we think we are coming along, how much need there actually is. And when we talk about what beds are available, whether there's one bed available or two beds available or not tonight, there was nearly a thousand people on the streets in the County that one night that we physically counted. And in downtown alone, the number is actually up a little bit from last year; very small within the margin of error, but it hasn't shrunk, that's for sure. In -- near Flagler Street, in one three-block area, there were over 122 homeless on one sidewalk, lined right up, as if they were in a shelter, and it's -- it really hits home. We saw a family with a nine year old who we were luckily able to place into a motel that night, but there were not beds available for those who want it. We had the outreach team. We had the City of Miami Police with us. There were people that did want to go into shelter at that time that we did not have room for them. And what is the solution to that? I met this week with Mr. Ron Book from the Homeless Trust, and that's a relationship that I really want to build upon between the City and the County; and I think the rhetoric has been way too much of City versus County when we need their help; they have the funding. Our psychology and our needs may not always align, but we need to have that relationship to work together with them, and that's really my intention. And I just wanted to take this opportunity, since we're receiving a grant from them, to maybe open it up to my fellow Commissioners on any suggestions or recommendations on the homeless issue, simply because we don't have that bed capacity. And what I'd like to start to watch from our perspective is maybe direct the management or -- to provide us with a report on a regular basis of how many total beds we have; or if it's more relevant, how many open beds on any given night there are, because there never should be an open bed. They should all be filled, because there's always a need. But I'm open to thoughts on that.

Commissioner Carollo: Mr. Chairman.

Chair Hardemon: You're recognized.

Commissioner Carollo: Thank you, Mr. Chairman. Your sentiments and suggestions are well taken, Commissioner Russell. As a matter of fact, they mirror what I had said in the past; and in that conversation, it was brought up that I believe there's two members of this City of Miami that is part of the Homeless Trust, and I want to verify that with either our City Attorney or our City Manager. Are there two members of the City of Miami that is part of the Homeless Trust; and if there is, who are they?

Mr. Alfonso: The City Mayor --

Commissioner Carollo: -- because they could be the --

Mr. Alfonso: -- is one of them, and then I have an appointment, which is Mr. Jay Solowsky.

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Commissioner Carollo: Mr. Jay Solowsky. You know, and again, what I'm trying to see is those should be our liaisons with the Homeless Trust, because it only makes sense. So somehow, I think we need to build on these two members to see how we could better the communications between the City, and the County, and the Homeless Trust regarding the homeless issues, because, you're right; in the past, it's been somewhat contingent, and again -- well, I said in the past, can we somehow, you know, open up the conversation and communications between the three parties? Because it's something that I really do believe the Homeless Trust, the County, and us, the City, really want to make sure that we do as much as we can to solve the issue of homelessness, but sometimes we don't see it the same way, or we don't think that our solutions are the right way of doing it. So the bottom line is, I think that openness of communication needs to happen. It needs to happen to a greater degree, and I'm glad that you actually met with Mr. Ron Book regards to that. So I'm open to any recommendations, and like I said, I -- you know, it's something that I've been wanting to do for a while. It's something that I think we should do, and I think the Mayor's here. I think maybe he could discuss with regards to that, to see how do we better the relationship between the Homeless Trust, the City, and the County; not to mention that their budget is quite large, so I want to see how, you know, maybe that funding is used a little bit more towards alleviating the issue. I mean, I know we've had --

Mayor Tomás Regalado: You have my vote, but I will be outvoted in the board.

Commissioner Carollo: I got it. And listen, I got it; you know, from chronicle homelessness to the Mat Program and stuff like that, but listen, I don't think that it needs to be contentious. I think that, realistically, we could all work through this out and come to some type of agreement between all the parties and move forward.

Mayor Regalado: No. I think -- Mr. Chairman?

Chair Hardemon: You're recognized, sir.

Mayor Regalado: No. I think it's important that we all understand that the Homeless Trust fund several of our program, especially the families, and you all know that families cannot go into shelters like Camillus, Miami Rescue Mission, or Salvation Army, because that is for single persons. So we have the HAC (Homeless Assistance Center), which is the Chapman Center; one in downtown, one in homestead. They are at full capacity, so in order to get into the HAC, you have to be in a motel, and this is why the City gets money from the Homeless Trust to house these families, and these families have nothing to do with the Cubans that are coming or anyone. They're not -- they're just families here that were evicted from apartments or they lost their jobs and -- so this money -- this additional money that I think Sergio needs to -- because the level of families, it's bigger than the funding that the City got for the families in the current year. I would tell you, Commissioner, that the Homeless Trust understand the family issue, and every time that we go back to them -- and I'm a member of the board, and the Manager has an appointment, and I was appointed by the Commission to represent Miami and the League of Cities, so we have two votes in the board, but Chairman Book understands that Miami is “ground zero” for homeless. He understand that. But Commissioner Carollo is correct; they have a philosophy, they have a vision about transitional housing and permanent housing, and the Homeless Trust get approximately $54 million, and what they do is that they give contracts to agencies, like Orange and like -- they would do not the outreach; the City of Miami does the outreach, but they would do social issues, psychological, medical issues, and they all have contracts. There is housing that was built in Homestead for homeless people, and the goal -- the philosophy of the chairman and the majority of the board is that, yes, we have an immediate problem, but we have to look farther. One of the things that is important -- and this Commission, I think, should get involved eventually -- is that the restaurant tax for the Homeless Trust is part of that budget. It's a very important budget. As you know, any restaurant with more than 200 seats pay a tax for the homeless, but Miami Beach and Bal Harbor and Surfside are not in that group that is paying. So Miami Beach has said, “Well, we'll discuss that,” and it has to go through the Legislature, so

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there is a lot of money to be capture there, and eventually, I think that it will if we have the political will from our delegation and Miami Beach and Miami. But, you know, next week, we going to have a meeting at Church World Services, and this is another issue I just wanted to touch with you. There's also people coming from Washington to inform the community about the exodus. I would just wanted to give you an update, which complicate more things. Because of the delay in the flights from out of Costa Rica, about 2,000 Cubans left Costa Rica on their own and now they're stuck in Honduras, so we have now about 6,000 people in Costa Rica, 2,000 in Honduras, 3,000 in Panama. So it is important to follow that because the flights are commencing next week, twice a week, for about 190 persons, so you will see that coming to Miami. But going back to the Homeless Trust, I think that we all should get involved in the conversation with the Homeless Trust, so it is important. It's the only vehicle that we have to do our work with the homeless population in Miami-Dade County.

Commissioner Carollo: Mr. Chairman.

Mayor Regalado: But the families, we always get additional funding, because they understand. And then, guys, you know about the issue of the mats and the permanent beds and all that.

Commissioner Gort: Mr. Chairman.

Chair Hardemon: Commissioner Carollo.

Commissioner Carollo: Mr. Chairman.

Chair Hardemon: Well, I'm going to recognize Commissioner Gort, then Commissioner Carollo, and then I have a question.

Commissioner Gort: I've been working with the homeless even before I was elected official. When I was the president of the Downtown Miami Business Association, it was a problem we had. I'd like to give some food for -- thought for food. A lot of individuals out there, they want to be do-gooders, they want to help, and they don't have ways to help, and we created a mentor program in our church, and we have a very successful cases called Felipito's. A gentleman, he didn't know where he was from, and so on, and was adopted by the people. They were taken to the right places. He received all his documentation. Now he's doing real good. This is a mentor program; that I brought the idea to the Homeless Trust. At the same time, one of the things we need to do, all these people serving food, that's why you have them concentrating within a certain block, because here comes the people; they want to do real good. They come in; they give them food for one day and one night, but that's -- does not take care of the case. We suggested -- I suggested to the Trust that they should have a center place within downtown where they can have the food service. Everybody wants to give food, go there. Give it to them over there. At the same time, start training people for the mentor program, and right out of that place, they can mentor with some individuals. The other problem we have, I would say 80 percent of the homeless, they're people that drug addicts or they're mentally ill. Now, Judge Leifman is working, and we need to continue to work with Judge Leifman, where they're going to take some of these individual, take them to a facility where they can try to cure them, and I think this is some of the things we got to work and we help them and continue to help them with those issues.

Commissioner Carollo: Mr. Chairman.

Chair Hardemon: You're recognized.

Commissioner Carollo: Thank you, Mr. Chairman. I mentioned three organizations, but I think it's important to mention some of the other organizations, like Camillus House. I mean, the job that Shed Boren has done in his short time here, I think, has been astronomical. I mean, it's been

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great. You know, we -- you mentioned downtown Miami, Commissioner Russell, and Bayfront Park and Museum Park is down -- part of downtown Miami, so we see a lot of the homeless issues in Bayfront Park, you know. I thought it was important, some of the new programs that we're trying to now incorporate, like Lazarus and programs like that, because realistically, we should give, you know, these people that are in need a place where they can take a shower, not necessarily in our parks. So I wanted to mention, you know, Camillus House; also Lotus House. I know Lotus House does great work with women, and I think they want to try to expand. So I think we need to, you know, further our relationships with these organizations in order to be able to, you know, fix a problem that we face here in the City of Miami. Thank you.

Chair Hardemon: Mr. Vice Chairman, I know, particularly, you wanted a report to come back to the Commission to detail the number of rooms we have available, so how do you think that that will be best achieved seeing that we only -- we're only meeting, say, twice a month? How was it that you want that report, and how is it that you expect to get the information?

Vice Chair Russell: Perhaps, if the report could be given to us once a month showing, on a nightly basis, how many open beds there are; and on that monthly basis, what is our total number of beds so we can watch that -- the total number of beds -- the total universe of beds is hopefully increasing. I think, when we all have the same goal, it's amazing that this becomes such a heated issue that generates such heavy fights. We're all on the same side of this, and the different philosophies of housing versus emergency shelter, feeding downtown, toilets, these are all things that cause such controversy, and each side tends to use statistics almost as a weapon or leverage, and sometimes even in shaming the other side, and we don't get anywhere. So what I'm looking for is consensus on one thing: How many beds do we have? And if somebody on the street wants a bed tonight, that we have a bed for them. That should be our number-one goal, regardless of all the peripheral things that there are to fight about. So if we could get a report, I'd say, on a monthly basis, letting us know what the total number of beds are at that point; and then, perhaps, a graph showing open beds that aren't being used, because there is, perhaps, a little bit of -- that's where I did get differing messages, whether there are beds available on a given night, and I would hate for a bed to be available and for us not to be offering it when -- and I believe that we're doing the best that we can, but I think we should be advised on that. So that's my suggestion, if I could make a --

Commissioner Suarez: Do you have them?

Mr. Alfonso: Mr. Chair --

Unidentified Speaker: You want to make a motion?

Mr. Alfonso: Mr. Chairman. Commissioner, I can tell you with a high degree of certainty -- and Sergio can verify it for you -- is that the normal beds, the ones that are available to everyone, they go filled every night. There is zero beds. At the end of the night when we put down our resources, all beds are filled. Now, I did talk to Mr. Ron Book, because of the conversation that you had with me, where you said, "He said that there are beds available." The Homeless Trust makes available for our Pottinger agreement two beds every night, but those are strictly for Pottinger, so that our Police Department, if they have to either arrest somebody or offer them a bed, that's available; two beds. Those sometimes get filled; sometimes they don't, but we cannot take a non-Pottinger person and put them in that bed. So those are the only cases where you're going to see a bed that may go unfilled, because by the end of the night, maybe nobody was arrested or nobody was in a situation where we had to make that move, but all the other beds -- and I'll let Sergio talk about it -- are filled 100 percent of the time every night.

Mayor Regalado: If I may, Mr. Chairman. I think it's important that you listen to the last census. It was completed just three days ago, and it shows that if you compare January to January -- it was done in January -- January to January,-- we went up in the numbers of

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homeless in downtown Miami and in the City of Miami overall. And it went down a little compared to August, but if we compare the seasonal -- remember, there are people that come here just for the season. If you compare seasonal, we went up. That's the reason that the beds are all full, the non-Pottinger bed. Commissioner Carollo mentioned Lotus House; full capacity. They won't expand. They have the money to expand. They have a $20 million gift to expand, and they'll be coming to you for expansion, but they're full. Mother Teresa is an issue, because there's a lot of coming in and out in Northwest 7th Avenue, but their shelter is full, too, so -- but I guess that -- I think it's important -- and by the way, he's running out of money for the family. The money will be gone in March, I think, Sergio, so I don't know if you want to listen to the numbers.

Chair Hardemon: Well, not just yet. I want to make sure I recognize Commissioner Gort.

Commissioner Gort: I want to recognize Secretary of Transportation for the State of Florida, Gus Pego, who's here, and he's to make a personal -- thank you for being here. He's going to make a personal presentation a little while ago. I think what the Commissioner is asking for is to get a report that -- which you have constantly a report every month and, somehow, come up with suggestions; how do you think we can improve the program, and how we can help improve those programs.

Mr. Alfonso: We handed a copy of the latest report to the Clerk. I guess he can pass them out. But we can do this every month. That's not a problem.

Sergio Torres (Neighborhood Enhancement Team): I'm sorry. Sergio Torres, Homeless Program Administrator. You're asking for the report of how many beds goes empty every night, right?

Vice Chair Russell: Total universe of beds, and number of beds on a daily basis that aren't filled, if any.

Mr. Torres: Okay.

Chair Hardemon: Okay.

Chief Rodolfo Llanes (Chief of Police/Miami): Mr. Chair, can I say something?

Chair Hardemon: You're recognized, sir, please.

Chief Llanes: Thank you. Rodolfo Llanes, Chief of Police. I just want to weigh in on what we're talking about here, and I don't want to insult anybody's sensibilities or their vision or what they think is the solution to the problem. What we're treating here is a symptom. We're attempting to put people in beds in which we will never have enough beds to fill. Unless we shift the discussion and some of the funding to the root cause of what we're dealing with here, which is mental illness and substance abuse, then we will never catch our tail. We are chasing our tail here. And there has to be a discussion at a much higher level than mine about how we shift that thinking and how we shift that paradigm and the discussion that we're having on directing some resources to addressing mental illness and addressing substance abuse, because homelessness is a symptom of that disease, and so we all need to have a big conversation about how we achieve that, because here, what we're doing is we're going around in circles about how many beds, and I don't think we'll ever have enough beds to fill all these people and get them the help that they need.

Chair Hardemon: Chief, I completely agree with you. I think that you can -- the more beds that you put into the system, the more beds you will need into the system. I don't think it's a -- something that will -- you'll create -- I don't think we'll ever have a position in the City of Miami where there'll always be open beds because there are no homeless people. Homelessness is

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something that will continue to happen, because situations continue to change. That's the one thing we can be assured of in our community. However, attempting to go put more resources into keeping people from getting homeless or becoming homeless I think is more important, because obviously, if not for mental illness, then it's more of the lack of the resources that they have to keep and maintain some -- a roof over their head, so it's definitely a discussion worth having. Vice Chairman, the response about the timing, is that satisfactory to you?

Vice Chair Russell: Yes, sir.

Chair Hardemon: Okay. So, is there a motion then to approve item agenda CA.4?

Commissioner Carollo: Move it.

Commissioner Suarez: Second for discussion.

Chair Hardemon: It's been properly moved by Commissioner Carollo and seconded by Commissioner Suarez. Is there any further discussion?

Commissioner Suarez: Just real quick.

Chair Hardemon: You're recognized, sir.

Commissioner Suarez: Yeah. I think it's -- some of it's already been mentioned, but I'll just chime in a little bit. One is, the homeless issue is one that, in many ways, can be affected by outside factors. I think the Mayor talked about one of them, which is the immigrant crisis that is happening as we speak, and could be an exacerbating factor, but I think we really should look at this as a three-pronged issue, as the Vice Chairman -- as the Chair just stated, preventing people from becoming homeless; as the Chief stated, dealing with the root causes of homelessness or many of the root causes of homelessness and mental health issues and substance abuse, but there's also a big part of what you're saying as well, which is important, which is giving people dignity, and those who maybe -- because at the end of the day, you can't force someone who has mental health issues or substance abuse issues to get treatment. You just can't do that. But you want to provide people in that category a dignified place to sleep, a dignified place to use the restroom, a dignified place to take a shower, so maybe one day they decide, “Well, I want to transition myself from, you know, just receiving the most basic services to dealing with some of these root issues.” And I think, you know, we need resources in all three categories to deal with this issue. This is not an issue that just deals with one category, so I just wanted to specify that on the record.

Chair Hardemon: Any further discussion? You're rec -- no? Well, all in favor, say “aye.”

The Commission (Collectively): Aye.

Chair Hardemon: All against? Motion passes.

CA.5 RESOLUTION 15-01626 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Management AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI AND THE NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. FOR THE USE OF DOCKAGE SPACE AT THE MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE "STRICTLY SAIL MIAMI" VENUE OF THE MIAMI INTERNATIONAL BOAT

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SHOW, COMMENCING FEBRUARY 6, 2016 THROUGH FEBRUARY 17, 2016 WITH TERMS AND CONDITIONS MORE PARTICULARLY SET OUT IN SAID AGREEMENT. 15-01626 Summary Form.pdf 15-01626 Legislation.pdf 15-01626 Exhibit SUB

Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0032

Chair Hardemon: Moving on now to CA.5.

Daniel J. Alfonso (City Manager): Mr. Chairman, CA.5 is an agreement that we're signing with Strictly Sail as part of the annual Boat Show. This is for sailboats to be docked at the Miamarina

Daniel Rotenberg: Good morning. Daniel Rotenberg, director of Real Estate & Asset Management. As the City Manager just said, this is just a resolution affirming the Strictly Sail agreement that takes place every year at Miamarina or Bayside Marina. It provides for approximately $134,000 a year of income.

Chair Hardemon: Thank you. Vice Chairman, you're recognized.

Vice Chair Russell: Thank you very much. Thank you, Mr. Rotenberg. In our last Commission meeting, I brought up the fact that the Boat Show was running a job fair for the Virginia Key Park where they were offering very low wages, $8 an hour, $10 an hour, for a forklift driver, and we had attended that job fair, my staff did, and the results were pretty sad. And for me, it's very important that where we can as a Commission, if it's important to us, we make sure that the working families of our city have a good opportunity and good jobs available to them. This is a property that we're -- that we own, that we're leasing out to somebody to run their operations on, and I think that's a place that we have the ability to help dictate or at least negotiate the best possible terms. So we had spoken with Mr. Rotenberg, and he had spoken to the Boat Show folks as well, and he can explain further, but it seems like we may have a victory here in that they are open to agreeing to paying $15 an hour as the minimum wage for the employees that they hire for the Boat Show. Mr. Rotenberg, could you --

Mr. Rotenberg: I believe we have somebody from the Boat Show standing at the other podium I think will address that (UNINTELLIGIBLE).

Chair Hardemon: You're recognized, ma'am.

Cathy Rick-Joule: Good morning, Cathy Rick-Joule, 1635 North Bayshore Drive, representing the National Marine Manufacturers Association, and the Miami International Boat Show, and Strictly Sail Miami. Good morning, Commissioners. I haven't seen some of you for a while; it's nice to see you again. Vice Chair Russell, nice to meet you. I think there's a little bit of confusion here. The Boat Show certainly does employ lots of people, but most often through third-party contractors. The job fair that was done was done by SRC, Specialty Restaurant Corporation, who will be facilitating the food and beverage operation on the new site at Miami Marine Stadium Park and Basin, so they did a job fair, knowing that they are, you know, adding additionally to their two current restaurant properties with additional staff to supplement the festivities that will be happening on the campus of the show. All the other contractors are fairly consistent from both sides, whether it's Miamarina at Bayside or the new site. City of Miami

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Police, obviously, those rates are set. The decorator contracts through the Local 1175 Union; those rates are set. The electrical contractor uses the electrical union. IATSE (International Association of Theatrical Stage Employees) is involved. So, almost all of the -- dock and marine uses are the -- the water people; sorry -- longshoremen, so they're most often all regulated by union, so those rates are consistent, and I would say 99 percent of the case is much greater $15 an hour. So I think it's really a nonissue from -- as it relates to our event, your concern about the minimum wage rate of $15 an hour.

Mr. Rotenberg: We also -- I mean, just to interject for a second. The Boat Show agreement that we have for Strictly Sail is separate from the license agreement that we have for the Boat Show. So as a separate agreement, I think to address it in here, I think you could speak to the jobs that are being offered through Strictly Sail, I think to give comfort to the Commissioners that there are no jobs below that number.

Ms. Rick-Joule: Yeah. Again, as I described, the contractors of the show are the same, so those unions -- 1175, 769 Operating Engineers, 487 Electrical Contractors, Longshoremen Union, Police Union, Fire Union -- those all are well-established rates and published rates and well, you know, adjusted or in advance. So, again, I'm not aware of any jobs, but there are -- certainly, there are 6,500 jobs full time that are secured as a result of the Miami International Boat Show in total, certainly; probably about 20 percent of those jobs relate specifically to Strictly Sail Miami. Inclusive of all of the restaurants and facilities at Bayside Marketplace, those folks also see a tremendous jump in improvement in the number of people visiting those facilities, so they also are ramping up their staff to accommodate that. I hope that answers your question.

Vice Chair Russell: Thank you. It does give me comfort to know that there are a lot of -- the majority of working groups that are working with Boat Show are represented and are getting paid fairly, but -- so the job fair that we saw advertised by the City of Miami Twitter Feed and we saw advertising for, that $8 an hour, that is a small percentage, or is that -- is that something that the Boat Show is willing to agree that they would do better than that or (UNINTELLIGIBLE) here?

Ms. Rick-Joule: Again, that was facilitated through Specialty Restaurant Corporation. They are -- they own Whiskey Joe's and Rusty Pelican. Those are the two properties that are on the site of Miami Marine Stadium Park and Basin. They are also facilitating, through a license agreement approved through this Commission, the food and beverage on the rest of the campus, so I am not aware of the details of their job fair, but I do know that they were looking to improve the number of people that they had available to them to provide the food and beverage operation that they have committed to.

Vice Chair Russell: Sorry, I -- So the restaurant is hiring forklift operators?

Ms. Rick-Joule: No. The forklift operators -- there was a very small piece -- the Rickenbacker Causeway Marina is also in -- working with us on an approved license agreement with the Boat Show. They agreed to shut their operation down about six days. We agreed that any of those folks -- they have eight employees on their staff, that we agreed to map over to our process and put into our process, so if there -- if they agree -- there's -- the three forklift operators are coming onto our payroll, they will fall under the union contract, which those rates -- the “B” journeymen rates are no less than $23 an hour, but there was only eight people in total, and all those jobs mapped over to jobs that were well ahead of $15 an hour.

Vice Chair Russell: So the job was advertised at $10 an hour, but then when they got hired, they got bumped -- they got transferred over to $25 an hour?

Mr. Alfonso: Commissioner, I don't think she knows -- neither do I -- specifically the poster that

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you're referring to, so, you know, if she's -- the folks that work at the Rickenbacker Marina that she's talking about are probably not the same that you're talking about.

Ms. Rick-Joule: Right.

Mr. Alfonso: It would be good possibly to figure out who that poster was from exactly.

Vice Chair Russell: I submitted it at the last Commission. I shared it with all of my colleagues, as well as staff. I don't know if we have a copy of that that we can grab really quickly, because it does specifically say, “Boat Show Hiring Job Fair,” and “$8 an hour, $10 an hour for forklift drivers.” And that's what I brought to the Commission last time, because I just wanted to know who's advertising these jobs. It was being advertised on the City Twitter Feed even, “Job Fair Today,” and we -- you know, my staff went to go see who's offering this, and who's getting hired and -- let me see if I can get something from staff really quick that explains, because I -- if we're not on the same page, I apologize, because --

Ms. Rick-Joule: That's okay.

Vice Chair Russell: -- but for me, it's very important, and I thought I understood that we had some sort of movement on this; that there was maybe, perhaps, some agreement that there would be no hiring under the $15 --

Ms. Rick-Joule: Well, again, we're obligated to hire any operators under the Local 487 Operating Engineers Union, so those rates are established, and they're certainly not -- they're certainly well above $15 an hour, so we -- we're not allowed to hire operators outside of that agreement. That's an existing contract that we have with that union, so I don't -- whoever would be hiring forklift operators is not hiring them for this event, because it's not allowed.

Vice Chair Russell: One moment, please. Thank you. Yes. I mean, it's -- they're printing the flyer at the moment, and it's -- well, I'll just wait until they have it in hand. But it is something that I'd like to get to the bottom of, because it's -- it is an important thing that -- you know, it sounds like your intention is very much in the right place, if there's --

Ms. Rick-Joule: Yes, absolutely.

Vice Chair Russell: -- and that's good. So if I could just have the indulgence of the Chair for a moment, please? Thanks.

Later...

Chair Hardemon: We'll come back to our CA.5 agenda now, because I think that the Commissioner now has his item that he was looking for. Is this it?

Vice Chair Russell: Yes. If I could, we have the flyer here, and it says, "Staffing for Miami International Boat Show. Available positions: Forklift operator, $10 an hour; general laborer, 8.05 an hour; job duration: January 18 through February 20. Selected individuals must be able to work full shift, which exceeds eight hours, be able to perform physical work, and have reliable transportation."

Ms. Rick-Joule: Interesting. I don't -- I'm not aware of who Empire Staffing is. They don't have a relationship with the Boat Show.

Commissioner Gort: It's a City of Miami Center hiring event. That's the -- they utilize the -- our workforce office, so --

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Vice Chair Russell: Somebody's staffing for forklifts, and I would imagine any forklift operation on the Boat Show is pretty much under your control. I can't imagine --

Ms. Rick-Joule: Yeah. Again, between 1175 and 487, those -- all of that work needs to come through that contract, which is the contract that they have with us specifically; and also with the decorator, who is responsible for freight, but we both have to employ union from the -- from those two labor pools, those union pools.

Vice Chair Russell: Right. It sounds like there's a crack that things are falling through, though, that folks are getting hired, not through the union, for what probably should be a union job, through forklift operators.

Ms. Rick-Joule: I -- my suggestion would be is that -- I can certainly get in touch with Empire Staffing to try to figure out who they think they're representing -- they're certainly not representing us -- and try to understand what they're doing.

Commissioner Carollo: And Mr. Chairman, if I may add? And we need to see with our Career Center in the City of Miami to see -- if they're using our Career Center, then realistically, you know --

Commissioner Gort: Yeah.

Commissioner Carollo: -- we should have that information available.

Commissioner Gort: Who's Career Source of South Florida?

Commissioner Carollo: Well, that's the former South Florida Workforce, so that is our Career Center, I would think. Let me rephrase that. I would think it's out of our Career Center that we established with South Florida Workforce, which is now called Career Source South Florida.

Vice Chair Russell: So it seems, we, as the City, may also have a hand in hiring at lower rates?

Commissioner Carollo: Well, I don't want to put -- I don't want to say that, but at the same time, it clearly says here, “City of Miami Center Hiring Event.” They're using our logo in the bottom, so, you know, I welcome the --

Commissioner Gort: My suggestion is let the Manager find out --

Commissioner Carollo: Yes.

Commissioner Gort: -- and try to go into it and come back later on and let us know.

Commissioner Carollo: I welcome the scrutiny, because in all fairness, I think, you know, our logo, our name gets used a lot here and there, and --

Commissioner Gort: No, I understand.

Commissioner Carollo: -- I think we need --

Commissioner Gort: No one should be using our logo. I mean --

Commissioner Carollo: Right.

Commissioner Gort: -- there's a penalty for that.

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Ms. Rick-Joule: Well -- and I would say the same; our name is being used here too (UNINTELLIGIBLE).

Commissioner Carollo: Right, so --

Mr. Rotenberg: If I may, I think the interest are aligned. I think through discussions we had with Strictly Sail's agreement and with the Boat Show, I don't think there was any intention of doing that type of hiring as you're referring to and this document shows, so maybe we need to figure out what that is first, because within the Boat Show itself, that agreement is set. The Strictly Sail agreement, I don't think there are any employees that are being hired below $15 a foot, so I think -- actually, $15 an hour; I'm sorry. I think that we are aligned with that. The flyer seems to be the issue, and we're not sure what the flyer is.

Chair Hardemon: Can we have someone from Career Source South Florida contacted on the phone to see who generated this flyer, and if, in fact, the amounts are correct? And what we can do is we can just table this until later, until we know more information about this. Is that fair?

Vice Chair Russell: We could possibly move with amendment, if it's -- it seems like their intention is to hire at the rates that we're requesting and --

Commissioner Carollo: Mr. Chairman.

Vice Chair Russell: -- if they're open to agreeing to that, we could probably move it.

Chair Hardemon: You're recognized.

Commissioner Carollo: And I'm sorry; I do want to point out that it does say "City of Miami Center," so it appears that it's coming out of our Career Center. I don't know the exact address of where it is, but it says here, “750 Northwest 20th Street, 4th Floor,” so I think it is coming out of City of Miami Career Center.

Commissioner Gort: That it's ours, yes.

Commissioner Carollo: Yes.

Vice Chair Russell: So, do we table it for later in the day?

Commissioner Gort: Motion.

Vice Chair Russell: Because they -- obviously, the Boat Show's coming soon, and they need an agreement from us.

Chair Hardemon: No. I was speaking of tabling it for later today so that we can know who the parties are. I mean, it doesn't make sense to make an agreement with someone who we don't know who they are, so I'm -- I want your motion to have the teeth that you want it to have, so if -- but if you -- if the City Attorney -- Madam City Attorney, do you think that that motion is sufficient to bind the NMMA (National Marine Manufacturers Association)?

Victoria Méndez (City Attorney): Well, we would have to ask them if they are in agreement with paying the minimum for those that they control, and that would be the only thing that can bind.

Commissioner Gort: Sure.

Chair Hardemon: And their subcontractors, is that what it is also?

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Ms. Méndez: I'm sorry?

Chair Hardemon: And their subcontractors?

Ms. Méndez: The -- I don't know about their --

Chair Hardemon: (UNINTELLIGIBLE)

Ms. Méndez: -- subs; definitely everything that they control. Their subs, obviously, would fall under -- I mean, there are contracts already. And I was telling the Commissioner that this is something that, definitely, we can incorporate for next year's contract on all the other subs and the people that are utilized. Right now we can only control what they control, and they're willing to contract with us.

Chair Hardemon: All right, well --

Ms. Méndez: "They" being NMMA.

Chair Hardemon: Vice Chairman, you can make whatever motion that you wish, and then we can --

Vice Chair Russell: Thank you. Well, Madam City Attorney, it seems -- good morning, by the way -- that the Boat Show is open to agreeing to these rates; and that everything within their control, they, to their knowledge, are already within these rates, so we're not asking them to do anything that they're not already doing.

Ms. Méndez: I just wanted to confirm that you were comfortable with that, and that that at least gave you the level of assurance; and then, if they're amenable and they would state it on the record, we would make that change into the contract.

Vice Chair Russell: Yeah, as long as it's in the record and enforceable that we're not just giving intention here and passing this without any additional language. My intention was to move it with an amendment stating that they will pay these rates, they and their subcontractors under which they have control.

Chair Hardemon: Is there a second to that?

Commissioner Carollo: Second --

Commissioner Suarez: Second.

Commissioner Carollo: -- with discussion.

Chair Hardemon: Properly second by Commissioner Carollo. Let's move it now into discussion. Any further discussion about it?

Commissioner Carollo: Yes, Mr. --

Chair Hardemon: You're recognized.

Commissioner Carollo: Thank you. And I want to ask with regards -- it seems like you're paying well above the rates that Commissioner Russell is saying. I just want to verify, and I want to hear from you. So if you're paying well above that rate anyways, there's not going to be any reduction of jobs, correct?

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Ms. Rick-Joule: No.

Commissioner Carollo: No, okay. So we're good.

Vice Chair Russell: Good point.

Commissioner Gort: Okay.

Chair Hardemon: Is any further discussion?

Mr. Alfonso: Mr. Chairman, I just --

Chair Hardemon: You're recognized.

Mr. Alfonso: -- a question to be amply clear, because I want to make sure that we don't have a misunderstanding. Companies that are providing services already, for example, Rusty Pelican, Whiskey Joes, those are restaurants that are there that are providing services. We know that the wages for waitresses and whatnot may be less than whatever the rates are, because those people are considered to receive tips, et cetera. They are going to be providing services for the Boat Show, so when we say “subcontractors,” you know, if you refer to those as subcontractors, does that mean that Rusty Pelican's going to have to pay their waitresses a minimum of $15 an hour?

Vice Chair Russell: No.

Mr. Alfonso: Okay. I want to make sure that we're not -- because I don't want somebody to come later to say, “Hey” --

Vice Chair Russell: Understood.

Mr. Alfonso: You know -- okay.

Ms. Méndez: Right. That's why the subcontractors is the problem. It's -- basically, the user would pay persons it hires under its control the minimum hourly rate of $15 an hour. Subcontractors are not totally under their purview if they've already contracted for these things. So I just wanted to be clear with regard to that.

Vice Chair Russell: Mr. Chair.

Chair Hardemon: One second. Mr. Clerk, does this motion include subcontractors?

Todd B. Hannon (City Clerk): Commissioner Russell's?

Vice Chair Russell: I intend for it to, yes.

Mr. Hannon: Then you need to state it on the record.

Vice Chair Russell: If I may, Mr. Chair? As the City Attorney stated, contract -- subcontractors is the problem, and that's exactly the point; that if you hold somebody to a wage rate, but then they hire subcontractors that don't hold to that wage rate, you're really not holding them to it.

Chair Hardemon: So, are there any exclusions to the subcontractors that you would consider?

Vice Chair Russell: Of course I'm no labor law attorney, but I believe that certain classifications of jobs are already -- like waitresses who receive tips doesn't apply to minimum wage, if I'm not mistaken.

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Commissioner Gort: Right.

Vice Chair Russell: So where it would normally apply for minimum wage rates that they're applying $15 an hour as a living wage as a (UNINTELLIGIBLE)?

Chair Hardemon: We'll consider it as a clarification, not necessarily as an amendment to his motion. That's a clarification of his motion. You're recognized.

Commissioner Carollo: And thank you, Mr. Chairman. And again, I want to, once again, reiterate: This is not going to have -- cause any reduction of jobs.

Ms. Rick-Joule: No, I don't believe so.

Commissioner Carollo: The amount of jobs.

Ms. Rick-Joule: Again, you know, I think we can demonstrate at a very high level the agreements that are already in place. We have use agreements in place for some; we have legal and binding contracts with unions that will apply, so those rates are published and established -- I'm sorry -- and available, so I don't -- no, I don't see that.

Commissioner Carollo: But those rates are already established at a higher rate?

Ms. Rick-Joule: Correct.

Commissioner Carollo: Okay. I don't have a problem.

Commissioner Gort: Let me ask a question: Under union contract, how many people you think you can contract?

Ms. Rick-Joule: I'm sorry?

Commissioner Gort: Under union contracts, how many people you think you're contracting to work?

Ms. Rick-Joule: Between 1175, 487, 769, IATSE, probably we'll have about 2,200 union employees on the property --

Commissioner Gort: Thank you.

Ms. Rick-Joule: -- at any given time during the move-in show and move-out.

Commissioner Gort: Thank you.

Chair Hardemon: All right, any further unreadiness? Hearing none, all in favor of the motion that is on the floor to approve CA.5 with amendments, indicate so by saying "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

Ms. Rick-Joule: Thank you.

Vice Chair Russell: Was the amendment read into the record?

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Mr. Hannon: It was already stated by you and then clarified by the City Attorney.

Vice Chair Russell: Good. I just didn't hear it verbatim, so I didn't know what the specific (UNINTELLIGIBLE).

Chair Hardemon: No, we took -- whatever language you have, they type up the language and they (UNINTELLIGIBLE).

Vice Chair Russell: Okay. We have yet to --

Chair Hardemon: Right, right.

Vice Chair Russell: Understood. “Aye.” Thank you very much.

Later...

Chair Hardemon: Moving on now to item PH.10. Mr. City Manager.

Mr. Alfonso: Mr. Chair, if you may, before we go to PH.10, I'd like to speak about an item that took place this morning on the National Marine Manufacturers Association and the flyer, the question of the flyer that we put out. I want to apologize on behalf of the Administration and personally, because the flyer contained a mistake. The boat show that was being advertised was not related at all, in any way, shape, or form to the National Marine Manufacturers Boaters Association. It is, in fact, one of the knock-offs that takes place on Miami Beach. They did request the addition -- the -- I guess there's no other name to call it. It is a company that does a similar like boat show, and takes advantage of the fact that the Miami Boat Show is taking place, and they contracted with Career Source to help them get employees, but it is an event that is taking place on Miami Beach. It is not taking place in our land, but our people helped them place applicants; that is what the Career Source Center does.

Commissioner Gort: Yeah, we're working with our neighbors.

Commissioner Carollo: Yeah, which is what I had said. And it's our credibility and it's our reputation. And I mean "our"; I mean the City of Miami.

Mr. Alfonso: Right. So the fact that the folks here from NMMA (National Marine Manufacturers Association) did not recognize it, it made sense. They contract union labor, et cetera; they don't have these folks in place. It doesn't keep us from trying to help anybody else that wants to find employment --

Commissioner Gort: Sure.

Mr. Alfonso: -- to get whatever employment there is, so we put those to Career Source, but we certainly erred in using the name in the flyer.

Vice Chair Russell: Mr. Chair.

Chair Hardemon: You're recognized.

Vice Chair Russell: But that does not affect the amendment that we're working on?

Commissioner Carollo: No, not at all.

Mr. Alfonso: Not at all, Commissioner; not at all. I'm just clarifying that for the record so that it is clear; that if anybody thought that that was NMMA or -- it's not.

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CA.6 RESOLUTION 15-01699 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $900,000.00, FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH ENHANCED POLICE SERVICES WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 10050.920101.883000.0000.00000 TO ACCOUNT CODE NO. 00001.190101.442100; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01699 Summary Form.pdf 15-01699 Back-Up from Law Dept.pdf 15-01699 Legislation.pdf 15-01699 Exhibit.pdf

This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0028

CA.7 RESOLUTION 15-01581 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), PURSUANT TO SECTION 18-72(B)(16) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FTI TECHNOLOGY, THE ELECTRONIC DISCOVERY PRACTICE OF FTI CONSULTING, INC., FOR RINGTAIL SOFTWARE AS A SERVICE, A COMPUTER ASSISTED LEGAL DISCOVERY SERVICE, FOR THE OFFICE OF THE CITY ATTORNEY, ON A MONTH-TO-MONTH BASIS, WITH A BASIC SERVICE FEE OF $3,450.00 PER MONTH, FOR 300 GIGABYTES OF DATA PER MONTH AND UP TO 25 USERS PER MONTH, FOR A TOTAL AMOUNT NOT TO EXCEED $41,400.00 FOR AN INITIAL TWELVE (12) MONTH PERIOD, WITH OPTIONS TO EXTEND AT A TOTAL AMOUNT NOT TO EXCEED $41,814.00 FOR A SECOND TWELVE (12) MONTH PERIOD AND $42,232.14 FOR A THIRD TWELVE (12) MONTH PERIOD, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $125,446.14, WITH EACH TWELVE (12) MONTH PERIOD SUBJECT TO SPECIFIED ADDITIONAL CHARGES FOR EXTENSIVE USAGE AND/OR ADDITIONAL SERVICES AS PARTICULARLY DESCRIBED IN THE AGREEMENT. 15-01581 Memo - Office of the City Attorney.pdf 15-01581 Memo - Budget Sign-Off.pdf 15-01581 Back-Up from Law Dept.pdf 15-01581 Legislation.pdf 15-01581 Exhibit - Agreement.pdf

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This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0029

CA.8 RESOLUTION 16-00022 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JORGE AGULAR, AND HIS COUNSEL, SUBJECT TO THE 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 ANY AND ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, 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 FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 50001.301001.524000.0000.00000. 16-00022 Memo - Office of the City Attorney.pdf 16-00022 Memo - Budget Sign-Off.pdf 16-00022 Legislation.pdf

This Matter was ADOPTED on the Consent Agenda.

Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0030

Adopted the Consent Agenda

Motion by Commissioner Suarez, seconded by Vice Chair Russell, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

END OF CONSENT AGENDA

Chair Hardemon: And moving on for Commissioner Suarez's main motion, which is the approval of the remaining CA (Consent Agenda) agenda. Is there a second?

Vice Chair Russell: Second.

Chair Hardemon: Seconded by Commissioner Russell. Is there any unreadiness? Hearing none, all in favor, say “aye.”

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

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PERSONAL APPEARANCES

PA.1 PRESENTATION 15-01658 City Manager's Office A PERSONAL APPEARANCE BY MR. GUS PEGO, DISTRICT SECRETARY FOR FDOT, TO UPDATE THE CITY COMMISSION ON THE STATUS OF THE I-395 RECONSTRUCTION AND THE NEXT STEPS OF THE PROJECT AS THEY GO INTO THE PROCUREMENT PROCESS.

15-01658 I-395 Presentation.pdf 15-01658 Biscayne_I-395 Tunnel Option.pdf 15-01658-Submittal-Beth Steime and Gus Pego-Interstate 395 Recontruction Presentation.pdf 15-01658-Submittal-Gus Pego-Resort World Marina Letter of Intent.pdf PRESENTED

Chair Hardemon: At this time, I'd like to recognize personal appearances. We have a presentation by Mr. Gus Pego. I believe I pronounced it correctly about "Pego," correct? He's the District Secretary for FDOT (Florida Department of Transportation).

Gus Pego: Thank you, Chairman. As introduced, Gus Pego, Florida Department of Transportation, 1000 Northwest 111th Avenue. It's certainly our pleasure to be here this morning and address this fine body. I would like to introduce Beth Steimle, who's our project manager, to give a very brief overview of the I-395 project within the City of Miami, and then we'll be here to answer any questions you may have afterwards. Thank you.

Beth Steimle: Hello. My name is Beth Steimle. I -- 201 Alhambra Circle, Coral Gables. I apologize; this worked earlier when I -- we tested this. I'm not sure why it's not showing up.

Commissioner Gort: It's a beautiful picture.

Ms. Steimle: Thank you.

Commissioner Suarez: It's conspiring against you.

Commissioner Gort: It's a good way to start.

Ms. Steimle: Okay, there we go. All right, thank you. I'm -- as Secretary Pego said, I'm here to present on the I-395 reconstruction. It would also include MDX (Miami-Dade Expressway Authority) improvements; their project's State Road 836, and as well as portions of I-95 through the Midtown Interchange. So this is a project overview. It kind of shows how it connects to the Port of Miami Tunnel. The exact limits that start on 836 are just west of Northwest 17th Avenue and travel all the way over to the Midtown Interchange. The I-95 improvement through the Interchange is Northwest 8th Street to Northwest 29th Street. And the reason for this project -- all three projects -- is, actually, we want to increase the capacity; we want to improve safety by alleviating some of the operational and geometric deficiencies that exist on the current system as we have it today; we want to reduce the evacuation time for Miami Beach, and we also want to improve connectivity to Port Miami, downtown Miami, and the airport. So, for the I-395 project specifically, we went through a ser -- a long history of a project development report, environmental impact study, and there were several record of decisions that came out of that. These are some of the major record of decisions -- commitments that we have made throughout the entire project that drove our concept design and that the design-build contractor will adhere to. The major ones are that 19 feet vertical clearance west of FEC (Florida East Coast); 25 east of FEC. We want to have a minimum of 45 feet distance between the eastbound and westbound

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roadway in front of the Adrienne Arsht Center. We want to provide a 225-foot minimum span length, as well as provide a signature bridge design that's over Biscayne Boulevard. We also want to provide aesthetic enhancements throughout the entire corridor; and finally, we want to reconnect Northwest 2nd Avenue that's in the downtown -- I mean, in the Overtown community that is currently blocked by the existing I-395. So this is our project overview, our concept development. As you can see, from the Midtown Interchange all the way to the McArthur Causeway, the yellow represents all the bridge structures, new bridge structures; the blue represents where the signature span will be. And if you see in the Midtown Interchange, the outline in black, that's where 836 11 and I-395 tie in together. So after working through this project, we are -- we developed a box for the signature bridge span. We have a concept right now; it's just a suggestion. Through the procurement process, we will develop what the actual bridge will look like with the Aesthetics Steering Committee, which I'll get into a moment. But the signature bridge box requirements, the minimum suspended span length will be 500 feet; the total length will be 650 feet; and then the -- what we call the “apex” or the “height,” whether it's an arch, a tower, whatever concept it be, will be a minimum of 245 feet above the ground plane. And I want to go through some -- several slides. Many of you have seen these renderings before. It is actually just our concepts. We've developed two that will be included in the concept plans; they're just suggestions. These are not guaranteed to be built as we're opening up to innovation through the community process. So the top left is what we call the “Wishbone”; it's an art structure. And in the lower left, it's called the “Lotus.” It's a cable (UNINTELLIGIBLE) structure. And both of these concepts meets the minimum box that we have developed. And we want to just provide a couple different viewpoints. So this is if you look -- if you're traveling southbound along Biscayne Boulevard. Here's an aerial view of both of those. You can see how it fits into the context of the City, and that is one of the requirements that we're looking for from their design-build teams that are pursuing this project. And this view will be a traveling along eastbound Biscayne Boulevard -- I'm sorry -- eastbound I-395. I apologize. Another important part of this project is we want closed-box structures. That is going to be a requirement. Any new bridge element that comes in the piers that support the roadway will be closed-box. If you know, out there right now, it's beams, and it creates a lot of dark spaces. So with these closed boxes, you can -- it can support a larger load and wider spans to create a cleaner line. As part of this widening, we're going to impact the existing Metromover. What you see on the red circle is the pier that we're impacting, so we worked with Miami-Dade Transit Authority to come up with a solution. They were very concerned about impacts to their system, especially now that Museum Park Station is open. So what we've done is we've worked -- if you see the bottom, it's our concept for supporting the pier cap from the top instead of the bottom, so they're going to get sort of their own mini-signature bridge structure themselves, which will be a cable (UNINTELLIGIBLE) supported, and it allows us to build it within our right-of-way that we have outside of that; very minimal impact to their system, and we'll be able to take the pier off and support it from the stop instead of the bottom. One of the commitments we have was landscape enhancements, and then improve the community, so we've broken our project into four zones: Zone "A" is an Interchange; Zone 1 is Overtown; Zone 2 is as you're transitioning from the residential Zone 1 area into downtown, and then Zone 3 is the downtown area in front of the Arsht, where the signature bridge will be. And this just shows an overall layout of how our concept plans will look like. And Zone 1 again is just the Interchange. The DOT (Department of Transportation) has developed -- has invested a lot of money in landscaping and vegetation, and the design-build teams will be required to mitigate or place in-kind working with the district on ensuring their investment still remains. In Zone 1, these are renderings that -- improvements on Zone 1 of what it could look like. This is a night rendering. This is 14th and 3rd, the intersection that you see with -- again, talked about the large-box skirters (phonetic), the larger spans. You can see how much higher and more open it'll be. During the day, the same; looking along 14th Street, you can see how much more light will come in, the higher the longer spans, more useable space. In Zone 2, a parking lot has been there. That is something that we worked with the Project Advisory Group from early on. The need for parking is necessary in downtown, so we wanted to provide a parking lot in the Interchange, and this is what it could potentially look like facing east, if you see the signature bridge. And then we want to face west. You can see, as the

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ramps come down with the parking lot, we want to have aesthetic lighting, vegetation; create a very inviting space. And finally, of Zone 3, where the signature bridge will be, this is Northwest 2nd Avenue looking east; you can see the Metromover in the back. Just another concept of what it could look like with aesthetic lighting that will -- also is a requirement of this project. And then another -- a rendering again to create the open spaces where people can come in. This is directly in front of the Arsht Center, if you can imagine the block. And Mr. Vice Chair, in response to our briefing, you had asked us to look into some examples for vegetation grown under bridges. We wanted to bring up an example of Buffalo Bayou. This is -- was recently developed. You can see the high structures allowing for grass to grow. And, you know, one thing we didn't think of to look at as well is our own Midtown Interchange. Right now there is grass and vegetation growing under the Midtown Interchange. We've had several public involvements on this project throughout the life of it. We've presented to MPO (Metropolitan Planning Organization) several times. We recently went back last month as well. We -- Project Advisory Group -- I mentioned that before -- they worked with us for two years from concept development. We've narrowed it down. We went from, you know, about 200 bridges down to 5 concepts, and then the Aesthetics Steering Committee became involved. That was the group of committees we worked with from 2014 to 2015, and they have really helped steer the process. Commissioner Edmonson was the chair of that committee, who helped us develop the process, open it up to innovation, and they will be involved in the procurement process. We had a public meeting in September 2015. We reached out to various different committees, such as TARC Transportation Aesthetics Review Committee), the DDA (Downtown Development Authority), the CRA (Community Redevelopment Agency), BPAC (Bicycle Pedestrian Advisory Committee), Neat Streets. We also have a project website; I encourage everyone to go visit. It's I-395miami.com. It has many of our presentations; the aesthetics manual that will guide the aesthetics on this project, as well as upcoming information we get up to date. And finally, we have a Public Outreach Office that's in Overtown. It's 1035 Northwest 3rd Avenue in Overtown. It's open five days a week; staffed eight hours a day for those to -- anyone in the community to come in and get questions and answers about the project. And here's a picture of our Aesthetics Steering Committee. We -- as I mentioned, Commissioner Audrey Edmonson was the chair. We also had Alyce Robertson, who's a member of the Downtown Development Authority; Irene Hegedus served from the City of Miami; and M. John Richard from the Adrienne Arsht center; and who is not shown is Bryan Blanchard is our DOT representative. So the other portion of this project, which is very important, is the MDX 836 11. This is their -- last piece of their project that will complete the improvements to their corridor. And we have the current one up to Northwest 17th Avenue is under construction now. There is -- so they'll be improving about 1.4 miles from Northwest 17th to the Midtown Interchange. They're going to add a capacity, one lane in each direction. They're going to eliminate some of the existing eastbound and westbound weaving problems that we have. As you know, when you get onto -- from Northwest 12th, you have to weave all the way over to 95, and it creates a backup, so they're actually going to create a new collector distributor from Northwest 12th traveling east to get onto I-95 north, as well as to 836. They're going to replace some existing concrete pavement, fender system, and they're going to provide a new westbound connector from I-95 down to North River Drive. And this is an example, if you can see the height of their proposed connectors in the eastbound and westbound direction. Aesthetics to them is very important as well, but they have a very strict aesthetics manual to make sure their entire corridor looks the same, so the teams will have to follow their aesthetics manual, and here's some examples of what the aesthetics of their corridor looks like. And finally, we have the I-95 pavement reconstruction. This is concrete pavement -- full concrete pavement replacement, as well as increasing the crash-testing barrier. The current barriers are substandard, so we want to do a retrofit to bring them up to their current crash rating, and it's from Northwest 8th Street to Northwest 29th Street through the Interchange; wanted to include that, have one contractor work on all of this in the Interchange. As I mentioned, you know, replacing the pavement, and they're also addressing some drainage maintenance issues. We're getting to a very exciting phase on our project, advertisement, so we are doing this a little bit different than the traditional FDOT project with the step two, so phase 1 is just advertising short list, but then step 2 is where the Aesthetics Review Committee -- previously the Aesthetics

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Steering Committee -- will come into play. We have a signature bridge aesthetics submittal. It's only on the signature bridge. It will be a pass/fail, and it'll be solely graded by the Aesthetics Review Committee. The teams will come in. They can come in with three concepts. Once they get to the three concepts, they have to have a passing bridge before they can move on to phase 3. Phase 3 is our technical response and aesthetics submittal. We're going to require -- this is where you'll see the aesthetics for the entire corridor, and that will be heavily taken into account in the selection, as well. The final will be the price submittal. And to sort of show the overall process -- this is just a quick flow chart of how it'll happen, so we'll advertise and design-build. We'll have the procurement process, the four steps I previously showed on the slide; it'll last about a year, and then we'll go into contract execution. And we anticipate construction for the entire project, all three, about five years. With that, I'll open up to any questions you may have.

Chair Hardemon: Well, a few questions I do have. What's the height, the clearance, the difference between, for instance, the height in Zone 1 and the height in Zone 2? Do we know that?

Ms. Steimle: Yes. So east of FEC is 25 feet, is the minimum required; and then it's 19 feet, so it'll be six-foot difference requirement. And then over at FEC, they have a 23-and-a-half foot requirement.

Chair Hardemon: Put that in laymen's terms for me, so --

Ms. Steimle: Okay.

Chair Hardemon: -- in Overtown.

Ms. Steimle: Overtown, it'll be 19 feet is the minimum vertical clearance.

Chair Hardemon: 19. And you're saying in Zone 2, which starts to go more so into -- towards the -- towards Biscayne --

Ms. Steimle: Yes.

Chair Hardemon: -- that is --

Ms. Steimle: 25 feet.

Chair Hardemon: Okay. Is that the -- what's the minimum there? What's the minimum required?

Ms. Steimle: Okay. So that is actually the minimum. You can go -- if the teams can go higher than that, that's great, but they cannot go less than those minimum vertical clearance, and that is significantly higher than the DOT current standards of 16 and a half.

Chair Hardemon: Okay.

Ms. Steimle: So we're higher than the minimum vertical clearance.

Chair Hardemon: So the minimum vertical clearance is what? Okay, the minimum vertical clearance for, by law, in Zone 1 is what again?

Ms. Steimle: 19 feet. On this project, it'll be 19 feet.

Chair Hardemon: Okay. Now, I'm -- I want to know what the standard is by law, not necessarily on this project.

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Ms. Steimle: Oh, okay.

Chair Hardemon: By law, the minimum vertical clearance is --

Ms. Steimle: 16 and a half. So, if we did not have the commitments that we have on this project, it would be 16 and a half. If we were to build a roadway without -- a new roadway without -- I think that's what you're asking -- without the commitments we have, it would be 16 and a half.

Chair Hardemon: Okay. And that's what it currently is today, for instance?

Ms. Steimle: No. Currently, it is today, we're about 14 and a half, 14. Yeah, it's a very -- it's substandard clearance today.

Chair Hardemon: Okay. The Public Outreach Office that's on 3rd Avenue --

Ms. Steimle: Yes.

Chair Hardemon: -- do you know -- I'm not sure if you know particularly -- but do you know whether or not they actually do outreach? And the reason I'm -- I say that, I know the office is there; I know people can walk into the office, but -- I mean, I can imagine that people seldomly [sic] walk in it, so I think that there's a difference between "in reach" and "outreach"; and so my question is, is there any outreach going on in that community from that office?

Ms. Steimle: That's kind of our base point, but you're correct; it's open five days a week and people could come in. As far as our outreach is when we go out to like the public meetings, and we do, you know, go to the various organizations. We have our PIO (Public Information Officer) officer here. You -- how many people come in to visit?

Tasha Cunningham: We have 20 to 30 people.

Commissioner Gort: You got to speak in the mike.

Chair Hardemon: Announce your name, please, for the record.

Ms. Cunningham: Hi. Tasha Cunningham. I'm the consultant, Public Information manager for the project. We have about 20 to 30 people who come in every week looking for information about the project, so that's our usual traffic flow in and out of the project office. In terms of your question, whether we do inbound outreach or outbound, we do; do presentations upon request, and we have the project office open, as Beth alluded to.

Chair Hardemon: Is there any way that we could have that office now start to reach out to maybe some of those community organizations that are there?

Ms. Cunningham: Absolutely.

Chair Hardemon: For instance, you have the CRA, you have the Overtown -- the names escape me right now, but there are a number of different community stakeholding organizations come there --

Ms. Cunningham: Okay.

Chair Hardemon: -- to disseminate information when they have their meetings, because I think having people better understand what's coming will be a good thing, but you have to reach out to that community. You can't necessarily depend on them to come into that office, because I think

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-- yeah, I think we should do it that way.

Ms. Cunningham: Okay, great, will do. Thank you.

Vice Chair Russell: Mr. Chair.

Chair Hardemon: You're recognized, sir.

Vice Chair Russell: To that same point, I'm wondering if there's been any outreach to the community on what they would like to see underneath for the activations of those areas, of those green spaces.

Ms. Steimle: Okay, yes. The Project Advisory Group that I had mentioned earlier that started with us in 2011, once we had reached the PD&E (Project Development and Environment) -- passed the PD&E for this phase -- that represented 38 stakeholders, and they were selected to represent the community as a whole in the entire area, and all of those were invited, and they were involved. They were very workshop-oriented where they drove the process and developed, so for instance, like the parking lot was something that's kind of -- that stayed throughout the entire process that was identified early on, so the Project Advisory Group really drove that process of what they wanted. And then, through the aesthetics manual, we have -- which is a requirement for the -- we have what we call a "baseline" that you saw there as the minimum. The teams are required to go above that. And in that list is various things from like, I guess, the wish list you would see from the Project Advisory Group. That has to ultimately be vetted by DOT and the stakeholders through the process, but we have suggestions based on the Project Advisory Group in that aesthetics manual.

Vice Chair Russell: Did -- were the suggestions more along passive use or active use? I had mentioned it as one of my concerns, that you make a beautiful green space under basically a highway, and it's not the most inviting thought to go there for a picnic, maybe, but if there were active sports uses or specific activation of events that would draw people there, they would actually probably find it to be a very nice space. Which did the community lean toward in terms of what they were looking to see there?

Ms. Steimle: It was interesting. It was somewhat of both, but when you get into -- we're open to -- you know, with the City and the County coming in and leasing that opportunity. That's why the DOT is building the base to allow for any of those space uses, active sports uses to come in, and help with the leasing of, you know, the space and agreements that we have. We've reached out to have agreements for that -- for those specific uses, whatever the City or the County would like to have.

Mr. Pego: Vice Chair, I would also like to add that in consultation with the Planning Department of the City, some of the base line drawings do represent what was requested, meaning spaces that could be put into active use, like lunch trucks or different types of venues for gatherings, okay, and that would be something the Department and the City would work together, under the City taking the lead of “let's have this activity” -- kind of like Cultural Fridays on Calle Ocho, the City's taking the lead on reusing that space. So, the Department would work hand-in-hand with the City to promote active activities under the structure and in and around, because we want to, you know, have a place for people to meet and greet and enjoy downtown Miami, so, you know, that's our vision, and, you know, we certainly want to bring the City into that same vision so -- but we need you also to step up and say, "Hey, we're willing to help organize and control these events of the use of the right-of-way," so we'll work in partnership together on that. Thank you.

Vice Chair Russell: Thank you.

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Commissioner Carollo: Mr. Chairman.

Vice Chair Russell: Yes, sir, Commissioner Carollo.

Commissioner Carollo: And I just wanted to add, you know -- because we're mentioning, you know, our pedestrians and our residents and using the right-of-way -- I wanted to mention the bay walk. I know this Commission passed a unanimous resolution that I know was presented to the MPO to see if, within the procurement process that I think is looked at to start within a month or, I guess, less now, we could consider a bay walk connecting the south Museum Park to the north, which is, I think the old Herald site, you know, for the benefit of our residents, you know, and it has to be ample enough so, you know, our residents can enjoy the bay and you can have strollers, wheelchairs be able to have that connectivity from the north to the south, so I wanted to ask with regards to that, and has there been any improvements, I guess, or any further discussions regarding the bay walk?

Mr. Pego: Commissioner, to your question, it was asked at the MPO meeting, and I -- someone did forward me a resolution -- I don't know if it was final or not -- of what was coming before this body; and back in May of '13, the Department was approached by the developer as part of their marina plan and for the approval process of building a marina, which they have to lease the land from the State of Florida. They were presenting to us that they were going to build a bay walk as part of their marina plan, and I can leave this with the Clerk to provide you copies of it. But you know, the Department is actively in communication with the developer, and the end result will be that the developer will build a -- the bay walk. And I didn't bring 13 copies or anything, so I'll just leave it with the Clerk so they can make copies, if that's okay.

Commissioner Carollo: If you could provide, yeah, the copies to the Clerk, I'm sure he'll distribute it to all of us. But is this bay walk a done deal? Is it like already a binding document that they will build this bay walk? Because if not, then, once again, you know, we're in a position that we don't have connectivity from the north to the south, and we're trying to seek it all through --

Mr. Pego: Yeah. Mayor -- I'm sorry, Mayor. Commissioner, it's probably something that we'd have to research with the City, because I'm not sure what the City requirements were already placed onto the developer. It was -- always been my understanding that this was a requirement that the City had already imposed on the developer. If he was going to build a bay walk, he had to make that connection of the bay walk to the structure.

Vice Chair Russell: If I may -- Mr. Pego --

Commissioner Carollo: I'll yield to the Commissioner.

Vice Chair Russell: -- good morning. Just a moment, please. So, we basically passed an ordinance that every developer that owns land along the waterfront must create space, build and manage the bay walk portion of their -- whether it's a hotel, a restaurant, a private condo -- that they make it access to the public so that we can connect all this. The land under 395 is FDOT land as well, right?

Mr. Pego: Yes.

Vice Chair Russell: So, I guess we would be looking to FDOT to make this part of their project to actually build it, and they'll be -- you know, it's actually not yet decided what the exact aesthetic of that bay walk will be so that it's continuous throughout, but then I guess the City will be looking to include it in the project, is what Commissioner Carollo's pointing to.

Mr. Pego: What I would like to recommend for this body is that in order for the marina to get

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built, as well as any bay walk, would have to be into the bay, because the vertical clearance of the bridge is too low in order for the existing bulkhead to be used as a bay walk, so it's going to have to jog out into the bay. This is the drawing that was represented to us by the developer, so they have already in their concept plan to build that bay walk. I would say to you, the Department will work hand-in-hand with the City to ensure that this bay walk is built as part of the marina.

Vice Chair Russell: Who's the -- the developer of the marina?

Mr. Pego: The developer of the Genting property.

Vice Chair Russell: Oh, okay. But that's not their property beyond --

Mr. Pego: That's not -- but in order for them to build the marina on my property -- on the State of Florida property -- we have to lease it to them; as part of that, they also approach us to lease this property at very little consideration because of the public purpose of connecting the bay walk, which is what the City had required of them.

Vice Chair Russell: And this portion of 395 won't be reconstructed; that's as is. It's the MacArthur Causeway.

Mr. Pego: It's basically -- we're not -- we're only transitioning into the bridge. We're not lifting the bridge or modifying it.

Vice Chair Russell: So there won't be --

Mr. Pego: Right.

Vice Chair Russell: -- no change in height?

Mr. Pego: And that's why the bay walk has to come out --

Vice Chair Russell: It is pretty low there.

Mr. Pego: -- into the bay.

Ms. Steimle: Yeah.

Vice Chair Russell: It is pretty low there.

Mr. Pego: I apologize; I didn't bring copies. I just found this last night.

Commissioner Gort: Well, my understanding is part of the contract with the person that going to lease the property, you're going to request that they have to build that.

Mr. Pego: Again, we're going to work hand in hand with the Commission to make sure it happens.

Vice Chair Russell: Commissioner Suarez.

Commissioner Suarez: I'll yield to you. You had the floor before.

Commissioner Carollo: Yeah. It's just that with Genting, I mean, in all fairness, that could be another -- I don't know how many years before something like that happens. And Mr. Manager is requesting to speak, so maybe he's got further information.

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Vice Chair Russell: Mr. Manager.

Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. Actually, Mr. Weinreb is here. He's been speaking with the folks from the property. As Mr. Pego from DOT said, his project doesn't actually touch that piece of the bridge, but the Genting folks that we've been talking to are apparently amenable to developing that bay walk, so there will have to be some agreement for access, and maybe we have to do some submerged land leasing or something because we own the submerged land in the area, but it is something that certainly is being considered.

Commissioner Gort: And DERM (Department of Environmental Resource Management) has to get involved, too.

Vice Chair Russell: Commissioner Suarez.

Commissioner Suarez: Thank you, Mr. Chair. No, I've been pretty vocal on this project, and by the way, I'd like just to report back to the MPO, which essentially was our resolution that we passed here unanimously on this issue. I'd like a formal opinion from the City Attorney and/or the Planning director in conjunction with each other as to whether or not the adjacent property owner is obligated to build. Right? I see Francisco nodding his head "no," so the --

Commissioner Carollo: Right. That's --

Commissioner Suarez: That's where I'm going. I'm with you.

Mr. Alfonso: Genting is not obligated.

Commissioner Suarez: So -- right. And I want to put that very clearly on the record --

Commissioner Carollo: That's the point.

Commissioner Suarez: -- because the issue was this discussion began at the MPO when former Mayor Maurice Ferre made the point that FDOT should, as a part of this project, give access from Museum Park -- as you just stated, Vice Chair, because it's their property -- through to the adjacent parcel.

Commissioner Carollo: Right.

Commissioner Suarez: Okay. From an engineering perspective -- and I'm not an engineer, so please, forgive me or correct me -- I think one of the engineering problems that they have is, aside from the cost, because cost always solves everything usually from an engineering perspective -- is that they have to go underneath the Metromover, and then they have to come back up, if I'm not mistaken; is that correct, Mr. Pego?

Mr. Pego: That's correct.

Ms. Steimle: Yeah.

Commissioner Suarez: Right, so that's the engineering challenge that they have. Obviously, with any engineering challenge, including the one that I'm going to discuss, cost are usually the solution, if the cost were available to solve the problem, okay? What they're saying, essentially, is, and what they said at the MPO, and what I said I would report back to the Mayor is, “Look, you have the potential to basically work around this problem,” which is to create a -- you know, some sort of a bay walk that sort of meanders around the properties and links them. What I told the MPO at the time and the Mayor was, I would report back to him -- and I'm glad we're having

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this discussion now, because it's relevant -- on whether or not anyone was obligated to build that bay walk, because it's one thing to say, “Well, the property owner” -- “adjacent property owner might build it one day, night not. They might own the property; they might not. They might sell the property. They may build a marina; they may not,” so I think -- I wanted to answer the question a little bit more faithfully to the inquiry that was being made initially, okay? So let me start there. Can I indulge you?

Vice Chair Russell: Of course.

Commissioner Suarez: Thank you. Can I have your indulgence? So, first of all, I really want to thank you, and I want to thank the Chairman for attending a sunshine meeting that I had with regards to this project. I understand -- and then I also want to commend our secretary and his team. They have a phenomenal team. They're great people. I've worked with them on a bunch of projects, and they do great work. You know, my issue with this is we all have a different obligation than they have. Their obligation is they see something that's essentially broken, which is the 395, and as good engineers, they have a good solution to, in their words, increase the capacity. Well, you're increasing the capacity on 395 for cars, and while that might be needed -- I'm not going to dispute that -- and while 395 may need to be rebuilt, the question is, you know, is right now the right time, and is this the right project, and is this the right public policy decision on where to allocate the funds? Now, I understand that those questions may be simple, but they have very complicated answers, and I wouldn't -- I would be dishonest if I told this board that those -- the answers to those questions were anything but extremely complicated. And when I hear things like, you know, the minimum height of the bridge is currently 14 and a half?

Ms. Steimle: About 14, 14 and a half, depending on where you are.

Commissioner Suarez: Right. And the minimum required is 16, but the proposed for Zone 1 is 19?

Ms. Steimle: The Zone 1, yeah, is 19.

Commissioner Suarez: Right. So you have five more feet of clearance in Overtown, and I would agree with the Chair in terms of outreach. You know, it's different -- and I'm not expecting you guys necessarily to understand this, because it's not necessarily what you do; it's sort of what we do. You know, when you have four to six people coming in a day into your facility, that means that less than one person an hour is going in to talk about this project. I mean, that's just the simple math. You know, you have -- that would be one person every two hours if it's four people. If you have four times five, that's 20 people a week. If you have 30 people a week, you're talking about, you know, six people for eight hours, so even less than one person an hour over the course of a given day and week. You know, for me, there's a variety of issues, and a lot of times an idea begins in a very simple fashion and sort of germinates and gets legs. I had a TSE meeting, which is a Transit Solutions Committee meeting. Our job is to come up with transit solutions. You know, I mentioned the fact that it seemed to me the wrong time to be rebuilding something in our urban core when we have a tremendous traffic problem, and when we have further density that's coming as of right, irrespective of what this Commission does -- even if we were to down zone an area, it would still be a tremendous amount of density that is coming in that entire corridor. And so, to me, it seems like an odd moment, even though I understand these projects take 10, 15, 20 years to get there, and I understand that this is ready to go. And so it's frustrating, I'm sure, for you all to hear someone question, you know, the wisdom of the project. You know, again, I don't doubt that it will facilitate an increased capacity; there's no doubt about that. The question is whether that is what we should be doing. To me, it seems like the funds that we're investing should be going to increase a different kind of capacity, which is instead of the capacity of cars to move alongside -- connected from, you know, 95 all the way through the beach, the capacity that we should be increasing is people in a means that actually reduces our traffic along that same roadway and potentially decongests that corridor. And so, I think, to me

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it was a little bit of a realization that, “Well, I've been fighting hard for bay link and for the Miami portion of bay link.” And by the way, you know, the Transit director of the County used to our Assistant City Manager; and at the time she was our Assistant City Manager, she was pushing very hard for the City of Miami to go at it alone, and to consider the possibility of, you know, doing the Miami streetcar portion with a hundred million dollars in first-start money, which was supposedly part of the global agreement; and the Mayor actually articulated at the last Commission meeting, $20 million in County funding and $80 million in City funding, which would have started that process without going through the Federal NEPA (National Environmental Policy Act) process, which, as we all know, it's been a long time since the City of Miami has gotten any Federal NEPA dollars, and so you're subjected to a competitive process, like we are for affordable housing. And so, by hitting the "pause" button and going through that process, I felt like we, as a community, were sort of valuing the wrong things. And then when you look at what -- and, you know -- and I respect -- and I'm very sensitive to Commissioner -- Chair -- my Chair's representation of his community, and the fears that were also expressed by Commissioner Edmonson, who chairs the committee on the -- the Aesthetic Committee, and I have not had a chance to have a sunshine meeting with her. I wanted to meet with my Chair, who is my colleague on the City Commission, and get his thoughts first. And in order to do something like this, I understand it's sort of a "Hail Mary," if you will, to put it mildly. I think it might be a "Hail Mary" from like the five-yard line. But, you know, to me, you talk about the possibility of looking at a project that FDOT studied and valued at -- or costed it out at about 1.35 billion, which is clearly, you know, two and a half times the cost of this, but when you look at the recapture -- and this is something that I didn't articulate very well at our sunshine meeting, and I wish I would have -- when you look at the recapture and you look at, you know, the asset that's right next to it, which is Museum Park, which is roughly 30 acres in size, if you were to recapture as green space and connect Zone 1, which we call Overtown -- it's not Zone 1, okay -- if you were to capture Overtown and connect it over to the water, not only would you be doing what I feel is real justice for that community, but you would also be recapturing for all our residents, not only Overtown residents, but all our residents along that corridor what I -- somewhere in the vicinity of 1.5 to $3 billion worth of value. And why do I say that? Where do I get that number from? Sounds like a lot of money. Well, if you look at the property that just sold next to the Epic, it was a one-acre parcel; it sold for $125 million. So if you were to value an acre in the downtown core at, let's say, a hundred, which is less than $125 million an acre, and you recapture 20 acres of land by doing the project, you're recapturing $2 billion worth of value. That's assuming that you were to sell it for development purposes. Many would argue, you know -- who are advocates of repurposing urban space for park space -- that you have recaptured infinite value by recapturing that space. So, look, you know, I mean, I think there are ways to make lemon -- lemonade out of lemons in the sense that -- and I sort of agree with the Vice Chair's position at that sunshine meeting, where he said, "I have a hard time believing that increasing a bunch of green space under a bridge or under a park is going to create this pleasant oasis of people who will go and camp out there," but it's possible. Listen, anything is possible if you dedicate enough resources and vision and -- to a problem. Maybe it'll happen; maybe it won't. Certainly, I think the cut-and-cover option of Biscayne Bay, whether we end up, you know, doing 395 at grade -- and part of the reason why it makes sense even to do 395 at grade is because it would allow for the bay link between the Museum Park and -- because you would be going over it rather than under it as a berm, which is what we showed in the pictorial that FDOT studied. We only have one chance to do transcendent projects like this. This is the one chance that we're going to have to do this, period, in our lifetime, in our children's lifetime, in our children's children's lifetime; and I understand that the RFP is going to be issued next month; and I understand the hard work that good people like Mr. Pego, who's about to retire -- how many years have you been in there, 37?

Mr. Pego: 37, yeah. Commissioner Suarez: 37 years. I get all that. And I commend him, because in my time with him, he's been nothing but someone who listens and appreciates the value of community space in the projects I've worked with him on. You know, that's my issue. It's received a lot of support

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from members of the community where I've read about the ideas on -- in the paper, if you will. Again, it -- in order to do something of this magnitude or to do that kind of a shift, there would have to be a variety of things that would happen. I think you'd have to convince, number one, and first and foremost, the Overtown community that it's something that is worth doing; hitting the "pause" button, if you will, in order to get potentially a magnificently better project for its community. Secondly, and probably just as difficult, if not more difficult, would be to get the Governor to buy into the shifting of funds from what is a increased capacity road project to a mass transit project. And thirdly, we need a real commitment, you know, within a certain period of time to build the sort of re-engineered vision. That's a tall order. That is a very tall order, and I don't think that -- I hope I've never misrepresented that in terms of what my idea is that -- how difficult it would be to execute it. I just feel that it's a once-in-a-lifetime opportunity, and when you have a once-in-a-lifetime opportunity to capture this much value for our community forever, it merits consideration, but you know, I fought for many battles that I've lost. I've considered them to be good fights. Some people have told me that this is a little bit of a Don Quixote effort. You know, you're sort of running up against the windmills, and in life sometimes, you got to do that, because it's what I'm passionate about. It's what I believe in, and I just -- I appreciate the indulgence of my colleagues here listening to my rant, and I appreciate the indulgence of the director, and all of those who have, you know, taken the time and the energy to listen to me on this issue and be thoughtful about their consideration of it. Thank you, Mr. Chair.

Commissioner Gort: Mr. Chairman.

Chair Hardemon: You're recognized. You're recognized, sir. Thank you very much.

Chair Gort: From what I understand, this project is bringing you, MDX and the City together.

Mr. Pego: Yes. In order to minimize the disruption to our community, it's a partnership with MDX improving to the west of the Interchange.

Commissioner Gort: Right. I'm going to have a couple of questions. One of them is the -- right now the City, DOT, MDX should be get together and see what we can do all those spaces underneath the bridges and the un-utilize land underneath, which now, they look very bad; nobody's maintaining, so someone has to take charge of who's going to maintain that. And that landscaping, you have the project here, I would like to see it all through the bridges in the City of Miami.

Mr. Pego: Okay.

Commissioner Gort: The -- underneath it. Now, my question is -- I know how the City functions. I don't know how the County functions. My understanding, this project was allocated this amount of funds, and you have working on this for how many years now, on this project?

Mr. Pego: This project has been under evaluation and studies for over 25 years.

Commissioner Gort: Okay. The second question is, can you go ahead and just shift funds from one project to another project in no time?

Mr. Pego: Not really. The MDX money can only be spent on MDX facilities; the I-95 pavement rehab can only be spent on interstate funds; and any discretionary money on the 395 is at the discretion of the secretary to move to projects. And so, if this project is stopped, funds will go to other parts of the State, to other projects that are ready to go.

Commissioner Suarez: Mr. Chair, may I chime in on that?

Chair Hardemon: Okay, one second.

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Commissioner Gort: I'm not finished yet.

Commissioner Suarez: Sure.

Commissioner Gort: So that's part of the questions that I want to make sure, because I understand the Commissioner has an idea, which is a great idea, to provide more people to be able to utilize mass transportation. That'll be the ideal thing to do, but I want to be -- also be realistic. Can it be done? Because I know how the State works sometime, and it's not that easy, once you have to pay funds for certain things. The MDX funds also was a bond issue, which probably had to have that project part of the issues of the bond.

Mr. Pego: That's correct.

Commissioner Gort: So this is the things we have to look at. What I really like to see the City, since now we have such a great partnership between the City, MDX, and DOT, how we can start fixing some of those land underneath the bridges. Thank you.

Chair Hardemon: You're recognized.

Commissioner Suarez: Thank you, Mr. Chairman, and I apologize. I just wanted to chime in on that one specific issue, which is why I asked if I could interrupt. I apologize. Look, I would give you that the movement of those funds would not be easy. Can they be moved or can they be replaced? I don't think anybody here could, with a straight face, say "no." I'm going to be honest with you. I don't think that anybody here with a straight face can say -- and I'll explain to you why. The State of Florida has an $80 billion budget with a "B," just one year's worth of expenditures. This is a $600 million project. The City of Miami, just to use as a comparison, has a $600 million budget; and we have a CDBG (Community Development Block Grant), which we're going to be approving CDBG funds today in the Commission, and I'll give you a specific example. We have an agency that failed to apply for CDBG funding. They missed the date. They missed the cutoff. Little Havana Nutritional Center. Great organization. They do great work in our community. They feed people every single day. But they missed the deadline, you know, and the Federal funds say, "You miss deadline, you don't RFP (Request for Proposals), you might lose out on funding.” Are any of us here in this Commission going to allow for the residents of Little Havana Nutritional Center not to be fed? I think the answer to that is “no,” just like we wouldn't allow it in any other center in the City of Miami. What does that mean? That means that we'll probably shift those CDBG funds that would have gone to that entity to another entity that's eligible, and we'll shift general fund money that, for example, is in the Mayor's or the citywide poverty -- my apologies, Commissioner Carollo -- citywide poverty initiative fund that are general fund dollars, and we're going to make that entity whole, because none of us here, I believe, are going to let people in Little Havana Nutritional Center go without eating. So my point is this: Where there is a will in government, there is usually a way. It's not like what we're asking for is beyond the budgetary capacities of the entity that we're asking it of. It's clearly -- I'm not saying it's easy, and I would agree with you that it is maybe never been done before, but that it's not doable, or that just because we have an idea, or just because we want to shift it, that the funds would automatically go to somewhere else -- look, of course somebody's going to be wanting to get those funds. I would be doing the same thing. If I was in Tampa or Jacksonville or Tallahassee or Gainesville, you know, or Orlando, I would be saying, "Hey, these guys can't get their act together; I want the money. I'll build the project." Of course. That's not the point. The point is we have a legislative delegation. We have a governor. We have -- you know, we have people that represent us, and that doesn't mean that someone who's an elected leader at the statewide level can't say, "Hey, look, out of” -- we -- there's two ideas here. We think one is better than the other, despite the fact that it's been studied for 25 years, despite the fact that it's ready to go. And so, that was the point that I was trying to make. I really think the reason why I brought up this issue now is simply because I linked two issues that

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previously I had separated. One was the rebuilding of I-395, which, by the way, we would not have gotten a signature component, you know, an aesthetic component for the downtown core if it wasn't for the fact that our Mayor and the former City Commissioner sued the Department of Transit, because the fact of the matter is, they're not -- their job is not to make our downtown look pretty. Their job is to make cars flow efficiently, and they do a very good job of that. Well, they do a good job of trying. But anyhow, you know, that's not their job, and so, it's our job and it's, you know, the policymakers' job to make policy decisions like this. So I just want to jump in -- I just wanted to just say that for the record on funding, Mr. Chair.

Chair Hardemon: I want to say a couple things. Before FDOT intervened in Overtown, that was a different type of community, and I think everyone understands that --

Commissioner Suarez: No doubt.

Chair Hardemon: -- and there's no need for me to --

Commissioner Suarez: Rehash it.

Chair Hardemon: -- talk about those details. I'm not grateful to FDOT for raising the ceiling of the minimum requirements for that -- for Zone 1.

Commissioner Suarez: Of five feet.

Chair Hardemon: I'm not grateful. Grateful to me would be removing that monstrosity in its entirety. Grateful for me would -- being able to restore that whole section of the Overtown community so that we can have housing there. That would be grateful to me. So, in the sense of -- when I think about these projects, it's -- clearly, the project that you proposed, I think, would be a superior one, because it affects all of our City in a way that is more beneficial than this one. More beneficial than that would be your project, and removing FDOT from that community, but you know, good luck in that. And that's something that, I think, would be highly improbable. The one thing, though, that this does, it changes -- at least, this project will change what happened in the 1950s by at least giving us some use of the area underneath that passageway, and that is -- that usage is important, because Overtown is changing. And one of the reasons that I was asking you about the minimum height there is because of the use of the space underneath. I know it may sound nice to say we want green space, and things of that nature, but I want to bring night life into Overtown to change the economic condition of Overtown; and to have night life in Overtown, people need places to park. So just the same way as you have a mix of parking and also vegetation and beautification in Zone 2, I believe that's what we need in Zone 1. And so, the first question I have for you, is: Is it possible? And if it is, please, reconsider how you plan on using this space in Zone 1, because 3rd Avenue, 2nd Avenue -- 2nd Avenue is going to be -- well, is the entertainment district -- I mean, these are areas where you're going to have, hopefully, some of the best restaurants in our cultural community. These are places where you're going to -- we already have plans for night life in that area, via -- well, one, what we already have, which is the Lyric Theater. What we'll have at the -- across from Lyric Theater, which is the pool hall, which is out for an RFP today, which -- not too far from that, you have the -- this place called Harlem Square. I mean, these are all places that will need sufficient parking, and today, there is no parking. Today, I mean, you can barely do much underneath it, but it would be nice to be able to have parking and that beautification there, because people need places to park safely at nighttime in Overtown, and so, those are considerations that are essential. If they've been overlooked or if people have thought more about green space than they have about the actual function of the area, I think it's important. I don't really trust FDOT to cut yards. I think, you know, people in their different communities, depending on where you are, have seen that sometimes FDOT just doesn't take care of their yards or the lots that they have to have green space underneath it. But when I look at Zone 1 and I see this image and you have people walking around, I have no idea where they're walking to or from, because they have

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nowhere to park their cars to walk to or from. And so, I see children biking and such. I mean, that's nice; you probably can find a bike somewhere there, but I'm tired of Overtown being a place to go through. It needs to be a place to go to. And so, if you can help me make that a reality, that'll be great.

Mr. Pego: We'll certainly take a look at it, Mr. Chair, and get back to you.

Vice Chair Russell: Mr. Chair, on that same question.

Chair Hardemon: I don't think it would cost you too much more money. I don't know.

Vice Chair Russell: What about Zone "A"? What goes under Zone "A?" Because that's not represented on that following issue.

Mr. Pego: Zone "A" is the Interchange area itself.

Ms. Steimle: Yeah. It's just the Interchange area itself. It's currently limited access area. When we originally started putting this together, we were focused on from like 14th to Biscayne, and as we developed it, we were like the DOT has invested landscaping in the Interchange itself, so it is limited access. So we wanted to bring it forth that, you know, any trees or vegetation that's -- that has to be mitigated during construction if it's damaged or taken out of use.

Mr. Pego: It's already a landscaped Interchange. We have a lot of landscaping in the Interchange, and what we want to do is highlight it.

Vice Chair Russell: The zoning will be activated as a --

Mr. Pego: It's not --

Vice Chair Russell: -- green space?

Mr. Pego: -- right now, because it's limited access, not intended for an active pedestrian area; that will be further to the east.

Vice Chair Russell: So the intent is for the City to manage what's underneath; is that correct?

Mr. Pego: We still have to work those details out. If you want to activate the areas under the bridge for community-type events, festivals, gathering areas, we would look to the City or DDA to manage the parking areas for any of the parking areas built. Typically, we have an agreement right now with DDA on all parking that's on the State highway system, so they manage the parking facility. So it'd be a partnership.

Mr. Alfonso: MPA (Miami Parking Authority).

Vice Chair Russell: MPA.

Mr. Pego: MPA. What did -- I said downtown? Thank you for correcting me.

Vice Chair Russell: Is this something that we, as a city, would manage through the Parks Department, seeing it as the way we're trying to activate this?

Mr. Alfonso: I think, Commissioner, if we reached an agreement for management of the space under with DOT, yeah, more than likely it would be something through Parks; or, if it's parking, we work it with the MPA, because that's the way our Charter is.

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Chair Hardemon: Things worth looking into. Commissioner --

Commissioner Gort: I'd like to give you a suggestion, a resolution. What I would like, since we created such a great relationship for the first time, to be very helpful for the City of Miami to have the Planning Department, wherever you think it should be, to get together with the different agencies and see the best use of the future open space, but the existing opening spaces, because we have -- a lot of the opening space, it has a lot of need. So we all want to do the same thing, so let's all get together. I'd like to instruct the Administration to put someone to start working and what to do and where to do in the existing spaces and future spaces.

Commissioner Suarez: Mr. Chair.

Commissioner Gort: Okay?

Commissioner Suarez: You want to chime in?

Vice Chair Russell: Please.

Commissioner Suarez: No, no, I'll yield to you. I'll yield to you.

Vice Chair Russell: I do have some other points on this, but please, go ahead.

Commissioner Suarez: I was just going to say, sort of dovetailing on what Commissioner Gort and Commissioner Carollo have said on this issue in terms of making lemonade out of lemons, because to me, this is -- you know, I have a finite amount of ability to do what I want to do in this matter, you know, clearly. And I think -- you know, I would ask the district secretary, even though he's not going to be here much longer, to ask the FDOT secretary to really look at -- and maybe even ask this Commission to pass a resolution urging the FDOT secretary to look at the cut-and-cover option on Biscayne to try to recapture that space, even though it's sort of, you know, a fallback position, if you will, to doing what I think is really what should be done there. At least you get back -- you know, you can get back a couple of acres through cutting and covering that street that you can, you know, give back to the community, and I think it would be something that would be worth exploring and maybe funding; if not, in conjunction with this project, at some, you know, point, you know, shortly thereafter.

Chair Hardemon: What's "cut and cover"?

Commissioner Suarez: "Cut and cover" is -- the street right now goes at grade. You would cut -- you would dig downward and then you would cover. Instead of making a tunnel, which is very expensive, you just basically dig, like if you're doing a sand castle, right, and you put something in and you let it go under, but you recapture all that, so now you can use it as green space. You know, it's -- again, it's not my preference. My preference was a cutting and at grade, which would have done what you're saying, because it would have brought at least the 395 part -- because what happened in Overtown was 95 and 395. It would have taken the 395 part, and it would have eliminated it as a divider in Overtown, and it would have allowed Overtown to be connected with green space, actually; Zone 1, as they call it.

Vice Chair Russell: Mr. Chair.

Chair Hardemon: You're recognized.

Vice Chair Russell: I have a couple questions on the actual logistics of when you -- how much time will 395 be closed? If I understand the map of where the new 395 would go, you could probably build that while leaving the existing 395 open until you reach the point of connection; at which point, it would -- trying to mitigate -- you know, South Beach definitely has a concern

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about, you know, the construction and how that's going to affect -- and Commissioner Suarez has also, you know, referred to the chaos that could be created during the construction period. What mitigation steps and how have you designed this so that it will create the least disruption?

Mr. Pego: You want to address it?

Ms. Steimle: So, Mr. Vice Chairman, you're absolutely correct. Our plan is to build -- if you saw, we're a little bit north of the existing alignment, so we'll build westbound first out and maintain existing lanes. We phased the project in our preliminary phasing so that we maintain all movements on 395 throughout the entire construction project. The only -- you know, and we have limited closures during nighttime and the -- I mean, it will never be full closures. We always want to maintain that. And then, of course, we have the events; that we have so many great events in Miami. They'll not be able to close lanes at all during the events. And as we've also addressed the closures on the local streets, the surface streets as well.

Vice Chair Russell: So you can build this without ever closing 395 completely?

Ms. Steimle: Right.

Unidentified Speaker: Good question.

Ms. Steimle: That's -- yeah. We want to maintain -- because once you build the westbound, you know, then you can move traffic over to that and then, you know, you phase construction. So, you build the westbound lanes first, move traffic over, and then you can start, you know, while traffic is remaining on the existing eastbound, and phase it such that way.

Vice Chair Russell: Thank you. I've -- I really appreciate Commissioner Suarez' sunshine meeting, because it really let me understand where he's coming from; and very much importantly as well, Chair Hardemon attended as well. And I get the sense that your plan would be almost universally agreed to as a really great idea of truly opening up the space there as useable green space between Overtown and downtown, righting a lot of the past, and creating just a great place, a signature park, if you will, an iconic space. But I also heard from Commissioner Hardemon -- Chair Hardemon -- I don't mean to speak for him here, but that he -- the bird in the hand is greater than the potential to in the bush in this case, that this plan is in place, that it does accomplish some of what he would like to see in terms of activating. And I've also met with Commissioner Edmonson from the County as well, who echoes that sentiment. I guess what I put to you, because you do have such an uphill task of commissioning -- convincing, first, your fellow Commissioners here, and then the County, the State, FDOT, everybody that -- do you have a specific plan and possible timeline of how that funding could be created and how your plan could go forward?

Commissioner Suarez: Well, let me first just touch real quick on the traffic issue, on the rebuilding of the 395 before I answer that question. I've seen their design plan of rebuilding it parallel to the already-existing 395. And by the way, I commend them for, you know, coming up with the plan that would -- probably least disruptive. My point on that issue is that we already have a disruptive area, and so any construction -- and you could look no further than a very well built, very efficiently built building such as -- or construction such as Brickell City Center, which is a billon-four of construction, and that has created a tremendous amount of traffic in Brickell. I mean, I don't think anybody would argue that it hasn't. People at Brickell Bay Drive are continually complaining; people in Brickell Key continually complain about those things. So my issue is, you still got to bring in trucks to bring in construction material. You still got to take construction material out. I mean, it's going to bring a volume of traffic -- of commercial traffic that was not already there before. When you're building something that's $600 million, it's going to have an impact, and my point is that is this the right time for that impact to be felt in lieu of accelerating a mass transit project? So that was sort of my issue there. To your other point,

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first, I would say that I felt the same hesitation, a resistance, if you will, from the same -- you know, from the Chair and from, you know, Commissioner Edmonson, and that, obviously, is a concern for me. You know, I -- you know, that's why we did the sunshine meeting, because I wanted to get their perspective, and I've promised her that I would do one with her to get her perspective. So I think that's the starting point for me. Beyond that, it would basically take gubernatorial action, essentially, to make something like this happen, in my opinion, and also high-ranking legislative members. So from an execution perspective, just on the switching of the funds or of finding funds to replace the funds that are already there. As to the plan for how it would be brought back, I think the idea would be that you hit the "pause" button so you don't create that causeway chaos that you would create, in my opinion, with rebuilding the 395 at this particular moment. You implement a mass transit solution which, theoretically or hopefully, would, as our trolley system has done, be successful and would reduce congestion in that area. All the while, you're reengineering and finding the funds for this process. Now, we got the funding from -- for the port tunnel. What year were we -- did we begin the port tunnel, Mr. Pego?

Mr. Pego: The construction to -- I believe it was 2008.

Commissioner Suarez: 2008. So in 2008, we got 450 million from the State?

Mr. Pego: 650.

Commissioner Suarez: 650 million. So we got -- in 2008, we got 650 million. In 2015 or '16, I presume we'll get another 600 million. So, if that's the window, you know, you're talking about every seven years or so, so you're talking about the possibility of doing something this magnificent. Obviously, it would take, you know, even more political -- you know, more political strength and really an understanding of what the value is that you're bringing back, because I think the key component here is not just the cost, because the cost is greater, there's no doubt about it. I mean, it's two and a half times the amount, but the value is also much greater. I mean, if you valued it the way I valued it, it could be anywhere from a billion and a half to $3 billion of value recaptured, assuming that you don't value it infinitely, assuming that you value it monetarily or for development purposes, which is not what we're valuing it for. If you value it on the basis of what it would do for Overtown, you know, and what it would reverse in terms of what was done for Overtown, you know, you're talking about the difference between four and a half feet, which is two-times my two-year-old son, you know, versus, you know, a project that, you know, could create a park and a connection to the water for Overtown. So to me, that was what I struggled with. I am -- you know, I'm totally conscious of the obstacle, and I don't want to put on a bucket and be -- and just run into a wall continually for no reason, you know, so I certainly am very mindful of what I've heard, and that's kind of where I stand. I don't want to -- you know, I don't want to -- I'm not saying that this is something that can be done with the snap of the fingers; on the contrary.

Commissioner Gort: Mr. Chairman, just one question.

Chair Hardemon: One question.

Commissioner Gort: I want to be realistic. I think you had some great ideas that needs to be implemented, and you working on the MPOs, and you really right on transportation, especially mass transportation. I agree with you. Now, we got to be realistic when it come -- you said the funds for the tunnel was in 1998?

Mr. Pego: 2008.

Commissioner Gort: 2008. How long before was -- the decision was made that they were going to do that?

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Mr. Pego: Well, that project also took 20 to 30 years to develop from the concept.

Commissioner Gort: Thank you.

Chair Hardemon: You know, before we go back and forth about things. Now, generally, if we're going to have lots of discussion, we would prefer to discuss things that have a motion on the floor, so that we're not wasting our -- each other's time, but, of course, we'll allow some --

Commissioner Suarez: I'll make a motion.

Chair Hardemon: No, no, hear me out. I know you will. I may let you make it so that, you know, you would have made the motion. But generally, before you bring a motion, you allow some limited discussion so you can have the support of the Commission in the second, because you want to be able to say, “Look, this is what I want to do, and these are the reasons why you should do it,” and someone have to second in further discussion. But we've been talking about this issue for quite some time today, so I want to be able to move the agenda on and -- because it's in respect of everyone's time, first; and then, two, because I think it's improper procedure. Commissioner Gort, you bring up a wonderful point. It still takes time to make these things happen. The plans for the port tunnel, I believe, started in the '80's, around that time, and so here we have an opportunity to reignite a community, via vegetation and parking underneath it with things that are happening today, and this RFP will go out today based off of the work that have -- went on in the past. So I think we've indulged the Commissioner from the 4th District quite some time, and if he has a motion he wants to make, I'll allow you to make that motion at this point, but we won't have any further discussion on the issue, unless the motion is seconded and we have a discussion.

Commissioner Suarez: Okay. I feel like I'm in the movie “My Cousin Vinny: 'The next words out of your mouth better be yes or no. I think I know. No, you don't; you're in contempt.'” I'll make a motion, and my motion is to ask the secretary -- the district secretary to go to the secretary of the Florida Department of Transportation and look at appropriating the funds in the Capital Program for, at the very minimum, a cut-and-cover option for Biscayne, which I believe is already being studied, and the City is already funding a study, if I'm not mistaken, along with the DDA on this, according to what the MPO executive director told me. That'll be my motion.

Chair Hardemon: Is there a second to that portion of the motion?

Vice Chair Russell: Second.

Chair Hardemon: It's been properly moved and seconded that -- well, we heard the motion with the FDOT secretary; figure out if we could have a funded cut and cover, and that will be on the -- near Biscayne Boulevard, correct?

Commissioner Suarez: Correct. That'll be underneath the 395. You know, obviously, that's not my vision. That's sort of like making lemonade out of lemons --

Chair Hardemon: Right.

Commissioner Suarez: -- if this RFP does go forward and doesn't get challenged by one of the bidders, and doesn't get delayed, which is another possibility. You know, I want to make the best out of this process.

Chair Hardemon: Is there any further discussion on that motion?

Commissioner Carollo: Yes, Mr. Chairman.

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Chair Hardemon: You're recognized.

Commissioner Carollo: Thank you, Mr. Chairman. And various things. First, I want to talk about the process. Usually, on PAs (personal appearances), or presentations and personal appearance, we usually don't have a voting item. I could see where Commissioner Suarez may want a voting item on this, and he did receive a second, and, you know, I'm willing to vote on the item, but for the most part, I think discussion items, and I think -- and especially, personal appearance -- I don't think there's been too many, if ever -- and I -- obviously, I didn't do the research -- but since I've been here, I don't think we've had too many voting items on personal appearance. With that said, I know there is a motion and a second on the floor, so I want to ask is your motion holding the signature bridge or the presentation that Mr. Pego did, at all? I want to make sure that -- are we --?

Commissioner Suarez: Why don't I do something? Because that might solve his concern, which I agree with, and I understand. I sort of made the motion to get in a couple last-minute points, because the Chair sort of articulated a standard that you needed to make a motion to finalize your comments. I have no problem bringing my motion back at the next Commission meeting, if that's okay with you; and if that's okay with you, having been the seconder of the motion, so that the Commission within the five-day rule has time to consider the motion. Does that -- is that better for you? Is that better for all of you?

Commissioner Carollo: Mr. Chair.

Chair Hardemon: Go ahead.

Commissioner Carollo: Yeah. No, and I appreciate that; just to see exactly what are we voting on.

Commissioner Suarez: Sure.

Commissioner Carollo: To have clarity on what we're voting on, you know, because my first question would be, you know -- listen, I don't mind anyone taking a look at anything.

Commissioner Suarez: Sure.

Commissioner Carollo: But one thing is taking a look at something and another thing is hold the project; let's see if we could do this or --

Commissioner Suarez: Yeah, yeah.

Commissioner Carollo: -- you know, so I just want to be prudent on how we move forward. And, listen, Commissioner Suarez, you've known from the very beginning, I said, “Hey, listen, I just want to make sure that we have, you know, the things before us for us to study --

Commissioner Suarez: Agreed.

Commissioner Carollo: -- and then we vote it up or down.” I don't have a problem with discussion --

Commissioner Suarez: Me, too.

Commissioner Carollo: -- with debating, but I just want to make sure we know exactly what we're voting on. And I want to make sure that doing this, which -- Listen, I don't have a problem with anyone looking at anything, but does that mean that this is going to hold this project up, or

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where are we? Because, you know, since they're very near to procurement, I -- you know, and 25 years is most of his career, so I want to make sure we're on target and we don't miss --

Commissioner Suarez: Yeah.

Commissioner Carollo: -- an opportunity.

Commissioner Gort: Call the question.

Chair Hardemon: Mr. City Clerk, can you make a reflect -- make the record reflect that the mover and the seconder both withdrew their motions?

Mr. Hannon: Yes, sir.

Commissioner Suarez: Yeah, and so, what I'll ask is we just put a resolution on the next Commission meeting; we'll give you the language. And to answer the Commissioner's question, this is about, at this point for me, making lemonade out of lemons, but I just want to make one last statement on Commissioner -- and I promise you, I'll be quiet -- on Commissioner Gort's last statement. Yes, this has been a 25-year process, and what I'm -- what I would -- what I was proposing was not a different thing. It was simply a different version of the same thing. So, you could say that it would be a 30-year process or a 24-year process or a 26-year process, or whatever the case may be, but it wouldn't be at 0 to 25. And by the way, this has already been studied, and the studies that I'm referring to were done by the Florida Department of Transportation at the behest of many people in that area, so I'll just leave it at that.

Chair Hardemon: Thank you very much. Is there any further details from the presentation, Mr. Secretary?

Commissioner Suarez: Thank you for your indulgence, Mr. Chair.

Mr. Pego: If -- Mr. Chair, if I could just take one more minute to kind of summarize, I look forward to seeing the resolution and see how we can evaluate that and help the City move forward. I would like just to refresh and say, you know, the Port of Miami Tunnel was built after many, many years of study. This project has stopped and started many times to address concerns from the community. We had in our project development and our record decision with the Federal Highway Administration had already committed to building a signature bridge. The stipulated settlement was a reaffirmation of making sure that the signature bridge that gets built is something that the City of Miami and the public and the City of Miami residents would be extremely proud. A wild bridge, I call it; an icon, something that we would say, “Wow.” People flying over the bridge, people driving on Biscayne Boulevard, people walking in and around the bridge would say, “Hey, meet me at the bridge.” That's the kind of transformative project we want to build for the City of Miami. The Port of Miami Tunnel: Cargo coming out of that port is going to double within 10 years. Residential development: You got the World Center coming online.

Commissioner Suarez: Not necessarily. Please, don't say that car traffic is going to double --

Mr. Pego: I'm giving you -- with respect, Commissioner, information's coming to me from the port. Density will always get better and more dense. Delaying the project, you know, of course, you know, would be built when you have higher density, more traffic. So I appreciate the opportunity and personal appearances. We always have a very good mission, which is, you know, trying to make our project -- and this is probably one that I would say the most contact-sensitive that we can make it within the constrained environment that we're under. So I thank you for the point of privilege and --

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Commissioner Gort: Thank you.

Mr. Pego: -- opportunity to be here today.

Chair Hardemon: Thank you very much.

END OF PERSONAL APPEARANCES

PUBLIC HEARING

PH.1 RESOLUTION 15-01334 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Estate and Asset AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF Management EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") ON CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA OF APPROXIMATELY FIFTEEN (15) FEET IN WIDTH BY APPROXIMATELY TWO HUNDRED FIFTY (250) FEET IN LENGTH RUNNING IN A NORTHWEST/SOUTHEAST DIRECTION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF ("PROPERTY"), FOR A PERPETUAL NON-EXCLUSIVE WATER EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF UNDERGROUND WATERLINE FACILITIES ("FACILITIES"), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED, WITH THE RIGHT OF IMMEDIATE POSSESSION AND ENTRY. 15-01334 Summary Form.pdf 15-01334 Notice to the Public.pdf 15-01334 Legislation(v2).pdf 15-01334 Exhibit - Grant of Easement.pdf

Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0033

Daniel J. Alfonso (City Manager): PH.1.

Daniel Rotenberg (Director): PH.1. Good morning, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. PH.1 is a resolution of the Miami City Commission authorizing the City Manager to execute an easement granted to the Miami-Dade County Water & Sewer Department. The easement is on Watson Island; approximately 15 feet in width; approximately 250 feet in length. This is for a perpetual non-exclusive easement for the Flagstone Development. There is a reverter provision, should the easement be abandoned or discontinued with the right to immediate possession and entry.

Chair Hardemon: Is there -- are there any members from the public that'd like to speak on this

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item? Seeing none, the public hearing is now officially closed. Are there -- is there any discussion from the dais? Any motions?

Commissioner Gort: Move it.

Commissioner Suarez: Second.

Chair Hardemon: It's been properly moved by Commissioner Gort; seconded by Commissioner Suarez. Discussion? Commissioner Carollo.

Commissioner Carollo: Yes, Mr. Chairman. Thank you, Mr. Chairman. I just want to verify with the City Attorney and just confirm with the City Attorney on the record. It has a reverter clause here, which should the easement be abandoned or discontinued, it will revert back to the City of Miami, correct? So --

Victoria Méndez (City Attorney): Yes. That's standard.

Commissioner Carollo: -- if it's not needed or, for some reason --

Ms. Méndez: Or nothing's utilized, it's -- yes.

Commissioner Carollo: It reverts back to the City of Miami?

Ms. Méndez: Yes.

Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

PH.2 RESOLUTION 15-01642 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM Economic INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") Development FUNDS GENERATED FROM AUGUST 19, 2015 TO NOVEMBER 30, 2015, IN THE AMOUNT OF $1,016,674.57, TO THE CATEGORIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 15-01642 Summary Form.pdf 15-01642 Notice to the Public.pdf 15-01642 Legislation.pdf 15-01642 Exhibit - Attachment A.pdf

Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0025

Chair Hardemon: PH.2.

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George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.2 is authorizing the -- a resolution authorizing the allocation of program income from Community Development Block Grant funds, generated from August 19 to November 30, 2015, in the amount of approximately $1 million, as shown in Attachment "A"; and authorizing the City Manager to execute all the necessary documents for said purposes. The allocations are 120,000 of Public Service for the 2016/2017 year; Program Administration, 96,674; and purchase of fire equipment, 800,000. And Commissioner, before I -- well, I just wanted to add a little bit on this item. As you know, for at least the last four or five years, we've always been struggling to meet a timeliness in the City of Miami. One of -- most of the issues is in terms of construction projects, typically take a very long time; in addition, even though we've been lucky to getting a lot of program income, even though program income is good for us, at the same time, it puts enormous pressure on us to meet the timeliness ratio. So, for that reason, this item is very important, because of the fact that when it's approved, we intend to get the Mayor to sign it so that we can be able to go ahead and purchase this item today so that we can be able to meet our timeliness. If we don't do that, then we run the risk of -- not "run the risk," but we wouldn't meet our timeliness. To make sure that we are not in this position every year -- I've already talked to the Manager and I've talked to the Budget Director -- that we make arrangement to move the CDC (Community Development Corporation) year -- the Community Development year from April 1 back to October 1. That will give us enough room so that every year we are not at a point where we'll have this issue. I already had a conversation with HUD (Department of Housing and Urban Development), and they've already told us that we are where we are because of the timeliness, because we don't get funding. Right now (UNINTELLIGIBLE) at this time, our year starts in April 1, and we don't know how much money we getting. And then, after April 1 comes, then we even get the money, the contract is not signed until August/September, so before the money actually comes in, we already in October. And so, if our year starts in October 1, then all these contracts and everything will have been signed before our year even starts, so that is what I'll be discussing with the Manager and the Budget Director so that we'll be able to ensure that these timeliness issues does not occur in the future.

Chair Hardemon: Well, I'm glad that you're giving it some thought about how we go about solving that issue--

Mr. Mensah: Yes.

Chair Hardemon: -- because this is a major issue. I have one question before we --

Mr. Mensah: Sure.

Chair Hardemon: -- get into the public hearing section of all of this. The $800,000, about -- two questions.

Mr. Mensah: Sure.

Chair Hardemon: One: How many pots of funds is that $800,000 swept from?

Mr. Mensah: Okay.

Chair Hardemon: And if not, where does that $800,000 come from? What did not -- how did we not spend that amount of money?

Mr. Mensah: Okay. Program income is money -- it's not allocation from Federal Government. It's monies that we gave out to organizations and developers in the past. This money probably came from an allocation made in 1990 -- probably '4 or '5. We provide money. And that's why we don't do grants; we do loans. So -- and the loans says that, "At any time that you sell the property, we want our money back." So this particular project got sold sometime in November;

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and the money that we gave them, they gave it to us back. That is nothing that we always (UNINTELLIGIBLE) -- we don't anticipate such big amount. Every year, as part of our budget, I anticipate that we will get approximately $500,000, so -- and every year, I will come and -- most of the time, we will put it in our single-family program, rehab program, which is a very -- a program that is needed in the community, and it's really used there a lot, because we do have wait list for it. However, when it comes to a point that -- in single-family program, typically, you can't spend it because it's construction. Some will take six months; some will take a year, especially if you do the reconstruction, the rehab -- the new constructions, so it takes time; and, therefore, we're not able to -- this one came in, well, unexpectedly, and it came in November, and I have to spend it by January 31; otherwise, I will not meet timeliness, and that is the reason why we using this methodology.

Chair Hardemon: All right. Well, don't answer this question right now, but I want you to think about it: Can you think of some items that we could spend this money on today? I want you to think about that. Think about some items that we could actually spend the money on today. And with that, I'll open up the public hearing. You're recognized, sir.

Grady Muhammad: Good morning. Grady Muhammad, president/CEO (Chief Executive Offer) of Miami-Dade First, 6205 Northwest 6th Court. The funds we got, as he stated, we've been using these funds now for four or five years. If we continue to constantly -- you know, piss poor planning on your part doesn't constitute an emergency on mine's. If we constantly having timeliness issues for four or five years, why are we constantly having timeliness issues? He stated one was because of the first -- the April 1 deadlines. We should have always kept it at the fiscal year, October 1 to September 30. The second one is when he created an idea for the micro -- Wynwood (UNINTELLIGIBLE) as a loan, that was a new business. The same day in May of 2013, we was giving the businesses that lost their air conditioning units, $10,000. These are existing: Shantel Lounge, the other existing business, 10,000 measly dollars, but we giving a brand-new business $420,000. We don't think outside the box to help existing businesses, but we're helping the new business, and I think it's successful. It's a good thing, but that's what we used to do a long time ago. Since 2011, used to have the Loan Program, the Microenterprise Program for businesses that went up to $10,000. Am I correct, Mr. Mensah, Mr. Director?

Mr. Mensah: Yes, there used to -- we used to have a microenterprise program.

Mr. Muhammad: We haven't given that money out that assist the businesses directly, and these funds could be able to go to that if we're doing it now. What we're doing is we're putting the -- not vote; not these particular funds, because the timing. But with the economic development, we constantly put it in reserves; and, therefore, as it sits in reserves, we don't allocate these monies. They get to get recaptured back; and once they're recaptured back, they got to get spent again in a timely manner, and then we using this -- the rush. We fixed the fire station up at 20th Street and Northwest 12th Avenue, Commissioner Gort's district, with CDBG (Community Development Block Grant) funds. We've given other funds -- less funds -- was it less than the $401,000, but to the Fire Department? We've also did monies to other departments. We should look at how we can best help going back to the community to help residents and businesses and organizations. Like I just talked to Mr. Pego, the director from FDOT. I said, 7th Avenue, the businesses are getting killed right now on Northwest 7th Avenue with the reconstruction project, and it's taking so long. There is no what is called “BIA,” the Business Interruption Assistance that the County has when we did Biscayne Boulevard. We worked with former Commissioner Barbara Carey-Shuler, and gave the businesses $25,000. Here, again, we have to think outside the box. These businesses are getting hit -- killed. Soon, from 54th Street, 6th Avenue, all the way to Biscayne Boulevard, FDOT is fixing to do that road; reconstruction project as well. We have to look at forward-thinking ways that assist businesses, not constantly coming from the back. And like I coached you, Commissioner Ken Russell, I don't think we should be using poor people's money to fund City's departments; I'm paraphrasing. You should use CRA (Community Redevelopment Agency) money to fund the museums.

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Chair Hardemon: Thank you very much.

Mr. Muhammad: Thank you.

Chair Hardemon: Is there any other person from the public that'd like to make a comment about this item? Seeing none, I'll close the public hearing. Have you thought about that question?

Mr. Mensah: Oh, I -- Commissioner --

Commissioner Gort: Mr. Chairman.

Mr. Mensah: -- I have -- sorry.

Commissioner Gort: Let me explain something, which is very important. We were having problems with the Fire Department when we were in deficit. That's why we -- my office asked for the changes, and I believe we received about additional 5 or $10 million by making those changes. And the reason we used some of the monies for the Fire Department, because I think the Fire Department (UNINTELLIGIBLE) -- there was not enough funds within the regular budget, so we had to use -- in order to keep our firefighters going, which is so important for the use in our neighborhoods. I just want to clarify that.

Mr. Mensah: Commissioner, I was going to say that, basically, I really didn't even need time to think about it, because that's basically what I do. All we thinking about: What can be done? There are -- these funds can be -- it can be used in a lot of ways. The only issue that we always come to is how can it be spent within the time frame that you have? When it's coming in November when we assemble these funds, there was no -- there was only one meeting in December, so I couldn't come to Commission meeting in December, because I need 30 days to advertise this. If I spent the money any other way, HUD will come back and take the money away; we'll have to pay it back. So I have to advertise for 30 days, and the earliest Commission meeting that we can get onto is this particular one, and that's the reason why we are here today. So I have to think about from today, which is when it get approved and allocated, who can spend it within two days, from today and tomorrow? Because tomorrow, there is no -- Saturday is not a working day. Sunday is not a working day. It has to be spent by and drawn down from HUD by 31st of January.

Chair Hardemon: No, I completely understand that, but with the minds that you have that are consistently working on these types of issues, my question to you is are there any other ways that you could spend something that quickly --

Mr. Mensah: No.

Chair Hardemon: -- versus --? You know, to me, I look at it as if I had a credit card, and I could take that credit card, and I could spend it. I could go on -- book a plane trip. I could do all kinds of things with that credit card. Right now you have -- I consider this credit card to be that $800,000. Is there an expense that is CDBG-eligible that we could use to -- for things that more directly affect, for instance, these communities where that dollar is supposed to make changes?

Mr. Mensah: I don't see any. I don't see any. And I just want to go back and say that, you know, the equipment that we buy is supposed to be used in those communities. They are City of Miami equipment. However, they supposed to be used in low-income community. They cannot be used in Brickell. They have to use in low income community, so that's the benefit; and that's the reason why these are eligible costs, because of the fact that they can only be used in low-income communities.

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Chair Hardemon: No, we understand that they're eligible. No one is saying that it's not eligible, and I -- see -- and I'll put it this way: I'm not happy that this is the second year that I've had to spend the money on the fire truck. Although, I support the firefighters, I believe in the mission. I mean, I would -- like Commissioner Suarez many times say, we can take that from our -- find a way to get it from general funds, because we believe in what they do, the lives that they save. There's no question about that. I think that it is just unsettling to those people who are suffering in these communities that we can't find a way to spend that dollar necessarily in the community where it has a better direct effect on them. We're dealing the reality that we have less money today in CDBG funds than we had five years ago, seven years ago; significantly less.

Mr. Mensah: Yes.

Chair Hardemon: And so, any dollar that we can continue to spend in that community is a dollar well spent. And when all is said and done, the question will always be: How much did we actually use for -- to really affect the businesses, the people that are in that area versus money that we've used to support necessarily things that the City of Miami would have paid for itself, such as fire trucks and such? Now, the one thing that I'm -- at least where I'm happy about at this point is that the City is spending its own money towards antipoverty efforts, which, to me, I think is what it -- it's in the same spirit as the CDBG funds, and that's something that I'm happy that we're doing now. So four years ago, we weren't doing that, and so I think that makes a difference, but I don't want to wash, you know, and I always want it to be a net gain in the amount of money that we're putting into these communities and not a net loss, so that's really what the discussion is about. That's -- I think that's what Mr. Muhammad, he brings up. You know, I was a part of that email chain when he wrote you about this item.

Mr. Mensah: Yeah.

Chair Hardemon: And, you know, I agree with him on many things, not necessarily each of his comments, because sometimes, you know, he's right or wrong, but it's in varying degrees. But at the end of the day, what I want to do is just try to find a way -- and if you can think about this in the future, that if we have program income and it's significant, what is a one-time expense? What is an expense that we can literally charge in that expense (UNINTELLIGIBLE) can actually use in those communities? You're recognized, Mr. Russell.

Vice Chair Russell: Thank you, Mr. Chair. Mr. Mensah, thank you, and I appreciate your time this week in helping me fully understand and grasp how we get to this point on a yearly basis and why; and surely, there's not a solution in this moment to resolve this one, but I intend to work very closely with you, because I recognize that allocating CDBG funds is an art form, and the way the money flows; and even though you allocate something that may not get spent until the next year, it doesn't go toward this timeliness, and so we need to spend the funds in a way that are spent in this year.

Mr. Mensah: Yes.

Vice Chair Russell: So part of the bottleneck is on this dais, that we need to understand and isolate and really focus on what these types of expenditures are that can be spent within the year to do good. The Fire Department is a very worthy cause that the City is supposed to spend on. Parks are a very good thing that we should be spending on. Museums are a very good thing that we should be spending on. But we have money that is meant to help the least fortunate in our community, and that's where that money should be spent; we're tasked with that. And so, as we go forward into this calendar year -- and I understand there may be an intended adjustment to the calendar, which will help us have the right time to really allocate properly, spend properly, but I'm completely with the Chair in terms of asking you to please help us identify things that are easily spent on in an immediate fashion that can create a tangible result in our communities of need.

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Mr. Mensah: No problem.

Vice Chair Russell: Thank you.

Mr. Mensah: Discuss that.

Chair Hardemon: Commissioner Suarez.

Commissioner Suarez: And I would just add one thing to what both the Chair and the Vice Chair have said. As a government, we've taken the public policy position, which I think is a wise one, that we should be extending our flexibility on the use of these funds. I've even talked to congressman -- and it was, ironically, a Republican congressman that thought we should have full flexibility on how we use our CDBG funding. But we're asking to increase from 15 percent to 25 percent, and yet, we're allocating 12 percent, and I think that's, you know, sort of an inconsistent, you know, statement in terms of our program income.

Commissioner Carollo: We're allocating 15 percent.

Mr. Mensah: No, this particular --

Commissioner Carollo: Public service.

Mr. Mensah: Normally, we allocate (UNINTELLIGIBLE) this particular one, and the reason why this is the case --

Commissioner Suarez: And this one (UNINTELLIGIBLE) --

Mr. Mensah: -- is the fact that we needed that $800,000. The program administration part of it, typically, we -- is 20 percent. This one is on (UNINTELLIGIBLE) by 9 percent; and the reason that is the case is that on an annual basis, when we do our budget, we do 20 percent of the regular allocation and then an additional 20 percent of whatever program income comes in. We didn't do that this year.

Commissioner Suarez: Okay, but wait. I get it. I get all that.

Mr. Mensah: Okay.

Commissioner Suarez: But what I'm getting at, this is -- as the Chair said, this is program income. This is one-time income generated from the programmatic funds that we've already allocated money to. So in that context, we're spending, according to the allocation, $800,000 in fire equipment, which, I don't think requires too much supervision. You buy the equipment, and that's it. And then you're spending a $120,000 in social services.

Mr. Mensah: Yes.

Commissioner Suarez: Of which, there's some administration that's -- go ahead.

Daniel J. Alfonso (City Manager): I would just say, Commissioner, we can assist in moving this item forward. The Fire Department has some general fund allocation for capital. They can take $30,000 of that to complete the purchase of the vehicle; reduce that item to 770, but that doesn't help you with the spending.

Mr. Mensah: That does not help you me, no.

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Mr. Alfonso: Right. That --

Chair Hardemon: No, no, no.

Commissioner Suarez: No, it --

Mr. Alfonso: And move the 20 -- and move the 30,000 --

Commissioner Suarez: Right.

Mr. Alfonso: -- to the --

Commissioner Suarez: To 150 for social services.

Mr. Alfonso: Yeah. Make social --

Commissioner Suarez: It wouldn't touch operational, which is what you're concerned about.

Mr. Mensah: No.

Mr. Alfonso: George, it would be amending the item. Instead of (UNINTELLIGIBLE) 800,000 to the fire equipment, 770, and move 150 -- that would be the only (UNINTELLIGIBLE).

Commissioner Suarez: 30 from --

Mr. Alfonso: Does that cause you a problem?

Mr. Mensah: Let me -- I have to --

Mr. Alfonso: Okay

Mr. Mensah: I have to have my PR-56; that tells me how much money I need. The last time I checked yesterday, I needed 770,000.

Mr. Alfonso: Oh, you need what?

Mr. Mensah: $770,000.

Mr. Alfonso: Oh, wow. (UNINTELLIGIBLE) since we're that close on the timeliness issue --

Commissioner Suarez: I got it.

Mr. Alfonso: -- that might affect us.

Mr. Mensah: And that is the reason.

Chair Hardemon: I have a quick --

Commissioner Suarez: I get it. I get what they're saying, yeah. I get what you're saying. It's -- it would jeopardize all our funds --

Mr. Alfonso: Yeah.

Commissioner Suarez: -- if we didn't -- right.

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Chair Hardemon: Question for you.

Commissioner Carollo: Yep.

Chair Hardemon: An item, for instance, like -- say in one of our communities on -- I've never asked directly about this before, but say if you wanted to improve upon a park in a CDBG area, eligible area, could a park improvement be an expense that you would have?

Mr. Mensah: Yes.

Commissioner Carollo: Yes.

Chair Hardemon: So, for instance -- so, say I wanted a turf field at a place like Hadley Park. I'm just talking about my community.

Commissioner Carollo: And if I may, yes, you can. The issue is you're going to listen to all the requirements now. You got to do environmental; you have to do -- and that's -- all that takes time that will not be able to be done within a year, so I'll --

Chair Hardemon: But my question is if -- could the contractor, or, I guess, whoever the person who installs that field, could he bill us today and we pay that expense --

Mr. Mensah: No.

Chair Hardemon: -- today? I'm asking this question. And tell me why. I know we have a procurement process. I know we have all of those things, but, of course, we can waive some of those things, because of certain emergencies. I would consider this to be an emergency, so I think that the Commission will be more likely than not to say, "Well, yeah. I mean, that makes sense. There's an emergency that needs to be spent. We've demonstrated that emergency, and now they've billed us for what is a one-million-dollar project.” Or I don't know how much it cost, but they've billed us $800,000 immediately, and we pay that expense. City Manager.

Mr. Alfonso: Commissioner, normally, the Federal Government would look at that as a prepayment. You haven't --

Mr. Mensah: No. I think the issue -- Mr. Manager, the issue mostly is what Commissioner -- as the Commissioner said, it is fact that we have environ -- because this involve construction, installation, we have environmentals, the -- that we have to do, and that's -- that takes -- in that case, should probably have about two, three months.

Chair Hardemon: So you have to do environmentals before --

Mr. Mensah: Yes.

Chair Hardemon: -- you make a payment on --?

Mr. Mensah: Before anything that involves construction, and that we have to send it to Atlanta EPA (Environmental Protection Agency) for them to approve and all those, so that's a long process. The easiest process is usually acquisition. For example, if you have a park and you want to buy a park -- like I was talking to you, Commissioner -- that is a short process. So, for example, if you have a park, and you've gone through all the process, and we just need to pay 800,000 to buy that park, the environmental review process on that is just a checkoff, which the staff can easily do in 30 minutes.

Chair Hardemon: But with the sale of that park, would that -- that would -- that could be done

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in --?

Mr. Mensah: That could be done quickly, yes. But whenever construction comes in, anything that involve installation, then the Davis Bacon kicks in, then environmental -- proper environmental kicks in where we have to send it to Atlanta and everything.

Chair Hardemon: What about, for instance, playground? So you might have to install a playground, but many playgrounds -- I don't know how they come. I don't know if they come in boxes or whatever they come in. But if you had a playground that you wanted put on a park, you know, could --?

Mr. Mensah: We could purchase the playground itself quickly, but installation would be delayed.

Chair Hardemon: But we need -- but, for instance, we wanted to buy the playground. The first step to installing the playground is buying the playground, right?

Mr. Mensah: Yeah.

Chair Hardemon: So could I go on Walmart.com and buy a $800,000 playground? Could I buy that with this expense?

Mr. Mensah: Acquisition, yes.

Chair Hardemon: So I can do that?

Mr. Mensah: That -- we can do that, yes.

Victoria Méndez (City Attorney): Not exactly like that, but --

Chair Hardemon: No, no, no, no.

Commissioner Gort: Not that easy. It's not that easy.

Commissioner Suarez: Don't pull out the Amex. Don't pull out the Amex.

Chair Hardemon: (UNINTELLIGIBLE).

Commissioner Suarez: Reimbursement.

Ms. Méndez: Through one of our piggyback contracts that we have, and we buy it from whoever we're supposed to and, you know --

Chair Hardemon: Okay.

Commissioner Suarez: Subject to procurement.

Ms. Méndez: Just in case.

Chair Hardemon: But we're going somewhere. We're going somewhere.

Mr. Mensah: Yeah.

Chair Hardemon: Because, for instance, right now I can tell you about a playground that I need to be updated, or we purchase a new one, right?

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Mr. Mensah: Okay.

Chair Hardemon: I'm sure Commissioner Gort, I'm sure Commissioner -- or the Vice Chairman, and also D.4, and Commissioner Carollo know of a playground or a place right now that we could take and acquire --

Commissioner Suarez: I definitely know of one.

Chair Hardemon: -- if you will -- right? And I'm sure all of us together can come up with $800,000 worth of expenses.

Commissioner Suarez: I could name one right now, Coral Nook.

Chair Hardemon: So that's one. So I'm saying that to say -- not that a fire truck is not important, but if we think creatively together out of the box, we can find a way to spend those dollars, you know, quickly. And Madam City Attorney, she looks so worried. Mr. City Manager, you had a statement?

Mr. Alfonso: No, no. I'm just as worried as the City Attorney. Mr. Chairman, I think that the best thing that we can possibly do here moving forward would be to commit all of ourselves to spending the allocations that we have on a yearly basis --

Mr. Mensah: (UNINTELLIGIBLE).

Mr. Alfonso: -- so that when we get these one-time infusions, we're not running up against this cap and having to make a decision in 20, 30, 40, 50 days, because the fact is that all of you have needs. So no matter which project we would choose, there's going to be a desire to move it one way or another. So, really, we ask for your help, and then we'll push my Administration to work as diligently as possible to spend all of CDBG dollars sooner rather than later.

Chair Hardemon: But Mr. Manager, in this situation, with this program income, the Commissioners would not have had any way of spending these dollars quickly, and that's what, you know, George put on the record.

Mr. Alfonso: Well, we would have if we were not up against the cap.

Mr. Mensah: Yeah.

Mr. Alfonso: If we were not up against the cap, they could have been brought in, and we could have, with time, done it right.

Mr. Mensah: Yes.

Chair Hardemon: So I'm just saying, I can definitely -- if we took $800,000 and split it amongst each of us, and challenged ourselves to finding something to acquire for one of our parks each -- in our districts, or even more, I think we could do it. I think we could have it named today. I -- that's me personally. Can this item be done without -- can we do other PH.3s, 4s, 5s without addressing PH.2 yet?

Mr. Mensah: Commissioner, I brought staff here; we're waiting to execute -- get the Mayor to sign it. I only have today and tomorrow.

Chair Hardemon: I know you have today, but we --

Mr. Mensah: So --

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Chair Hardemon: For instance, it's 12 o'clock now, so the rules state that when 12 o'clock comes, whatever the agenda item that you're working on is the last agenda item you will do for business before you adjourn for -- or recess for lunch, so we're not necessarily in a rush.

Mr. Mensah: Commissioner, let me -- but let me say something, though. If your intention is that to change this item and do for any other else, we cannot do because we didn't advertise it, so we can't do that.

Chair Hardemon: Well, say that.

Vice Chair Russell: Mr. Chair.

Mr. Mensah: Because I didn't know that was your intention. I think you -- I thought you were doing hypotheticals.

Chair Hardemon: So --

Mr. Mensah: Yeah. I thought you were doing hypotheticals. I didn't know that was your intention.

Chair Hardemon: So then -- so the lesson that we learn from this is that before you advertise the expenditure of program income, I think it would be important for you to come see each of us so that we can possibly think of ways that we can spend it. I know you probably did see people or consult with someone about $800,000, but I think just learning to start to think out of the box, as Mr. Muhammad put it, will be important. You're recognized, Mr. Russell.

Vice Chair Russell: Thank you, Mr. Chair. I believe our priority today is to make sure we do not lose this money for next year.

Mr. Mensah: Exactly.

Vice Chair Russell: Yes.

Chair Hardemon: That's the priority. So there is not a motion on the floor. We've just been having preliminary discussion.

Commissioner Carollo: Move it.

Chair Hardemon: It's been properly moved. Is there a second?

Vice Chair Russell: Second.

Commissioner Gort: Second.

Chair Hardemon: It's been properly moved and second that we approve PH.2. Is there any further discussion?

Commissioner Carollo: As is.

Chair Hardemon: Any further unreadiness? Hearing none, all in favor, say “aye.”

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes. We will recess, and we will return -- I believe -- well, the first

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thing I want to --

Ms. Méndez: We have an executive --

Chair Hardemon: -- know, we have --

Ms. Méndez: -- session.

Chair Hardemon: First thing I'll say is that PZ.1, 2, 3, and 4 will be the first items heard after the lunch recess when we come back, so that's what we'll discuss. Once we are done with PZ.1, 2, 3 and 4, we will return, hopefully, if we get those done quickly, back to the regular agenda so that we can try to get some of this business. As you see, we haven't gotten very far past the consent agenda, so I need you -- I need the -- you all assistance in doing that. We will be returning at 3. The executive session will be at?

Commissioner Gort: 3.

Ms. Méndez: Mr. Manager, at what time were you envisioning the executive session, at 2 or at 3 or --? It's your pleasure, but --

Commissioner Gort: 3.

Chair Hardemon: Executive session at 3, so executive session at 3. We'll be done -- we'll come back, handle PZ.1, 2, 3, and 4; and then, most likely, PZ.20 will be right up to bat. And then let's try to get through this -- the regular agenda so we can be out of here before 10 o'clock p.m. Is that fair? All right, meeting's in recess.

Ms. Méndez: Everyone can just go straight upstairs. Thank you.

PH.3 RESOLUTION 15-01643 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ACCEPTANCE OF UNITED STATES DEPARTMENT OF HOUSING AND Economic URBAN DEVELOPMENT ("HUD") ENTITLEMENT GRANT FUNDS, IN THE Development TOTAL PROJECTED AMOUNT OF $20,534,139.00, ALLOCATED IN THE FOLLOWING PROJECTED AMOUNTS TO THE FOLLOWING PROGRAMS: $4,768,648.00 TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM, $2,531,595.00 TO THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM, $12,811,866.00 TO THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM, AND $422,030.00 TO THE EMERGENCY SOLUTIONS GRANT ("ESG") PROGRAM FOR PROGRAM YEAR 2016-2017; AUTHORIZING THE ADJUSTMENT OF ALLOCATIONS IN DIRECT PROPORTION TO THE ACTUAL ALLOCATION OF HUD ENTITLEMENT GRANT FUNDS FOR THE 2016-2017 PROGRAM YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF THE ACTUAL AMOUNTS OF GRANT FUNDS WHEN MADE AVAILABLE FOR SAID PURPOSE. 15-01643 Summary Form.pdf 15-01643 Notice to the Public.pdf 15-01643 Legislation.pdf

Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote.

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Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-16-0034

Chair Hardemon: Redirecting our attention to item PH.3.

Commissioner Gort: Regular agenda, let's go.

George Mensah: Good afternoon, Commissioners. George Mensah, director of Community Development. PH.3 is a resolution authorizing the acceptance of U.S. Department of Housing & Urban Development Entitlement Grant Funds, in the total projected amount of approximately $20 million. And these are for our CDBG (Community Development Block Grant), our Home Investment Partnership funds, our Housing Opportunities for Persons with AIDS (Acquired Immunodeficiency Syndrome), and the Emergency Solutions Grant Program.

Chair Hardemon: Is there anyone from the public that'd like to speak on this item? Seeing none, I'm going to close the public hearing at this time.

Commissioner Gort: Move it.

Chair Hardemon: Been properly moved by Commissioner Gort --

Vice Chair Russell: Second.

Chair Hardemon: -- and seconded by the Vice Chairman. Is there any further discussion by [sic] the item? Hearing none, all in favor of -- this doesn't have to be read into the record. All in favor of the item, indicate so by saying "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

PH.4 RESOLUTION 15-01644 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR Economic 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS Development IN THE PROJECTED AMOUNT OF $4,768,648.00, ALONG WITH $120,000.00 IN PUBLIC SERVICE PROGRAM INCOME FROM THE PRIOR YEAR, FOR A PROJECTED TOTAL OF $4,888,648.00 TO THE ACTIVITIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, BEGINNING APRIL 1, 2016; AUTHORIZING THE ADJUSTMENT OF ALLOCATIONS IN DIRECT PROPORTION TO THE ACTUAL ALLOCATION OF PROGRAM YEAR 2016-2017 CDBG FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATION OF SAID FUNDS. 15-01644 Summary Form.pdf 15-01644 Notice to the Public.pdf 15-01644 Legislation.pdf 15-01644 Exhibit - Attachment A.pdf

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote.

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Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-16-0035

Chair Hardemon: Moving on to PH.4.

George Mensah (Director, Community and Economic Development): PH.4 is the resolution authorizing the allocation of Program Year 2016-2017 CDBG (Community Development Block Grant) funds, in the projected amount of approximately $4.7 million, and 120,000 in public services from prior program income, for the total of approximately $4.8 million to the categories and -- specified in the attachment, and it goes: We have Public Service, which is 715,297, plus the 120,000 program income that was previously approved, for the total of 835,297; Program Administration, 953,729; Public Works Department, 400,000, and this is for Sidewalk Replacement Program; and then Economic Development funds, which we typically divide among all the districts, is about $2.6 million.

Chair Hardemon: Is there anyone from the public that would like to speak on this item? You're recognized, ma'am.

Eureca Coulanges: Good evening. Eureca Coulanges, 1451 Northwest 50th Street, Liberty City Optimist Warrior, executive director. I just wanted to take a moment just to say the -- reflect the importance of the CDBG grant to the community-based organizations, the churches, because we're on the front lines in the community. We're in the trenches with the kids. And as you seen in the news, kids are killing each other, kids are being killed, and we are trying to provide for them a different path, you know. I'm always telling that when we have kids, we are either going to be walking -- we're always going to be walking. We're either going to be walking them to -- towards high school, college, a career, or we're going to be walking them to jail, to the courthouse, or in a grave, but either way, we're going to be doing the walking as parents and as the community. Proverbs 29:18 says, "Where there is no vision, the people perish." So I want to take the time to say, "thank you" to this board, to this body for having a vision for our community, for our kids; and to the City Manager for taking on the helm of that and providing the community initiative, investment initiative; providing jobs to our youth, creating jobs, and providing the resources to them and -- enable for them to succeed, and I just wanted to take the time to say “thank you” for that.

Chair Hardemon: Thank you very much. Is there any other person here that'd like to speak? Seeing none, I'll close the public hearing at this time.

Commissioner Gort: Move it.

Chair Hardemon: Is there a motion? Been properly moved by Commissioner Gort.

Commissioner Carollo: Second.

Chair Hardemon: Seconded. Is there any further discussion on the item? Hearing none, all in favor of the item, say "aye.

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

PH.5 RESOLUTION 15-01645

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Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR Economic 2016-2017 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS Development ("HOPWA") PROGRAM FUNDS, IN THE PROJECTED AMOUNT OF $11,311,866.00, ALONG WITH $1,500,000.00 IN HOPWA PROGRAM INCOME FUNDS FROM PREVIOUS YEARS, FOR A TOTAL PROJECTED ALLOCATION OF $12,811,866.00 AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE ADJUSTMENT OF ALLOCATIONS IN DIRECT PROPORTION TO THE ACTUAL ALLOCATION OF HOPWA FUNDS PROVIDED BY UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2016-2017 PROGRAM YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATION OF SAID FUNDS. 15-01645 Summary Form.pdf 15-01645 Notice to the Public.pdf 15-01645 Legislation.pdf 15-01645 Exhibit.pdf

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-16-0036

Chair Hardemon: Moving on now to item PH.5.

George Mensah (Director, Community and Economic Development): PH.5 is a resolution approving the allocation of Program Year 2016-2017 HOPWA (Housing Opportunities for Persons with AIDS) (Acquired Immune Deficiency Syndrome) funds, in the total amount of approximately $11.3 million; and an additional $1.5 million from previous years HOPWA funding, for a total allocation of approximately $12.8 million. And this goes to Program Administration, City of Miami, 314,356; Apple Tree Perspective, 25,000; project base operating support, Miami Beach Community Development Corporation, 27,910; Westchest -- that's for Westchester Apartments; Latin Mission Ministries, 24,000; and then for the Long Term Tenant Base Rental Assistance Program, we have Center for Information and Orientation, 456,260; Community AIDS Resource, Incorporated, 214,711; Empower “U”, 456,260; Sunshine for All, 456,260; Spanish-American Basic Education and Rehabilitation, 209,343; and approximately $10 million for the actual payment of rents that's going to the Department of Community and Economic Development. Then for the Short Term Rental and Mortgage Assistance Program, we have 480,458 for actual payments; and then Sunshine for All Program Administration, 477,750. And then for Resource Identification, City of Miami Department of (UNINTELLIGIBLE), $30,000.

Chair Hardemon: Thank you very much. Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public hearing on this item.

Commissioner Gort: Could you explain the -- so the public can understand what "HOPWA" stands for, and why all those fundings, and that it's a Countywide --?

Mr. Mensah: Okay. "HOPWA" is for Housing for People with AIDS. The regulation that established HOPWA indicates that the biggest city in the County is the one that manage, that City of Miami Page 68 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016

administers the program. So in every county that have AIDS cases, the biggest city is managing this. The City of -- in the County, the City of Miami happens to be the biggest city, and so we are taxed with administering the program from the Federal Government.

Commissioner Gort: Thank you. I move it.

Commissioner Carollo: Second, discussion.

Chair Hardemon: It's been properly moved and seconded. Is there any further discussion?

Commissioner Carollo: Yes, Mr. Chairman.

Chair Hardemon: You're recognized.

Commissioner Carollo: Thank you, Mr. Chairman. And again, I'll be quick; something that I've brought to this Commission in the past. This is a countywide program, and the only amount that the Administration could actually charge is three percent, which makes it a strain on Administration. It's -- it -- you know, I should have brought it back in PH.4, where you see that, you know, and in some of the other programs, it's 20 percent, and that 20 percent is actually more than what we get for public service. So again, this is something that I think we should look at it in the future. I know Mr. Mensah is going to say, "Hey, that's okay, we could handle it," but it's a city -- I'm sorry -- it's a countywide program, and we can only receive three percent administration for that; three percent administration fee. So, again, it's something I've brought up in the past; just want to bring it up again for maybe in the future to consider.

Chair Hardemon: Thank you very much. Any further discussion? You're recognized, sir.

Vice Chair Russell: If I may. What is the percentage of the housing that's in the City versus the rest of the County?

Mr. Mensah: I don't have the right numbers here, but most of the agencies are in the City, and the -- in terms of percentages, in terms of people who are infected, more come from the City, but because the countywide program, they can live anywhere in the County, and so we don't restrict them as to where they can live, but the agencies mostly -- the higher percentage of agencies that are managing these program are all from the City of Miami.

Vice Chair Russell: Okay. Thank you.

Chair Hardemon: Any further discussion? Seeing none, all in favor of the item, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: All against? Motion passes.

PH.6 RESOLUTION 15-01646 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOME Economic INVESTMENT PARTNERSHIP PROGRAM ("HOME") FUNDS, IN THE Development PROJECTED AMOUNT OF $2,531,595.00 FOR PROGRAM YEAR 2016-2017, IN THE CATEGORIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR THE PROVISION OF DECENT AND AFFORDABLE HOUSING TO LOW INCOME HOUSEHOLDS; AUTHORIZING THE ADJUSTMENT OF ALLOCATIONS IN DIRECT PROPORTION TO THE

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ACTUAL ALLOCATION OF HOME FUNDS FOR PROGRAM YEAR 2016-2017; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATION OF SAID FUNDS. 15-01646 Summary Form.pdf 15-01646 Notice to the Public.pdf 15-01646 Legislation.pdf 15-01646 Exhibit - Attachment A.pdf

Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-16-0037

Chair Hardemon: Moving on now to PH.6.

George Mensah (Director, Community and Economic Development): PH.6 is a resolution authorizing the allocation of Home Investment Partnership Program funds, in the projected amount of about $2.5 million, and this is allocated as follows: Program Administration, 253,159; The Homeownership Zone, which will obviously (UNINTELLIGIBLE) District 2, together between the CHDO (Community Housing Development Organization) set aside and the zone itself is $1.5 million; Citywide Housing Program -- this is where we do our first-time home buyer program -- 623,696, and then the CHDO set aside is $144,739 [sic].

Chair Hardemon: Is there anyone from the public that would like to speak on this item? Seeing no persons --

Commissioner Carollo: Move it.

Chair Hardemon: -- I'll close the public hearing. It's been properly moved. Is there a second?

Vice Chair Russell: Second.

Chair Hardemon: And seconded. Is there any further discussion on the item? Seeing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

PH.7 RESOLUTION 15-01647 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF EMERGENCY Economic SOLUTIONS GRANT ("ESG") FUNDS FOR PROGRAM YEAR 2016-2017, IN Development THE PROJECTED AMOUNT OF $422,030.00 AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE ADJUSTMENT OF ALLOCATIONS IN DIRECT PROPORTION TO THE ACTUAL ALLOCATION OF ESG FUNDS FOR PROGRAM YEAR 2016-2017; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATION OF SAID FUNDS.

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15-01647 Summary Form.pdf 15-01647 Notice to the Public.pdf 15-01647 Legislation.pdf 15-01647 Exhibit - Attachment A.pdf

Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0038

Chair Hardemon: Moving on to PH.7.

George Mensah (Director, Community and Economic Development): This is a resolution authorizing the allocation of Emergency Solution Grant funds for program year 2016-2017, in the projected amount of 422,000.30 [sic], and this is in the following allocation: We have Citrus Health Network for Rapid Rehousing and Homeless Prevention, 137,162; Citrus Health Network Program Administration, 9,565; City of Miami Department of Community Development Program Administration, 22,085; and City of Miami Homeless Program, which is the Neighborhood Enhancement Team for Street Outreach, 253,218.

Chair Hardemon: Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public -- would you like to speak, ma'am? Please. State your name and address for the record, please. Mistaken?

Unidentified Speaker: My apologies.

Chair Hardemon: It's okay. I'll close the public hearing --

Commissioner Gort: I was a little surprised.

Chair Hardemon: -- at this time for item PH.7. Board members, is there a motion? PH.7; is there a motion?

Commissioner Gort: Move it.

Chair Hardemon: It's been moved, and I'll take the attempt to move by Commissioner Gort as the second.

Commissioner Carollo: I'll second.

Chair Hardemon: Is there any further discussion? Seeing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

PH.8 RESOLUTION 15-01648 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ACCEPTANCE OF SECTION 8 HOUSING PROGRAM FUNDS FROM THE Economic UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Development IN THE PROJECTED AMOUNT OF $4,663,200.00 FOR RENTAL ASSISTANCE PAYMENTS, AND IN THE PROJECTED AMOUNT OF

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$436,800.00 FOR PROGRAM ADMINISTRATION, FOR A TOTAL PROJECTED AMOUNT OF $5,100,000.00 FOR PROGRAM YEAR 2016-2017; AUTHORIZING THE ADJUSTMENT OF ALLOCATIONS IN DIRECT PROPORTION TO THE ACTUAL ALLOCATION OF SECTION 8 HOUSING PROGRAM FUNDS FOR PROGRAM YEAR 2016-2017; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATION OF SAID FUNDS. 15-01648 Summary Form.pdf 15-01648 Notice to the Public.pdf 15-01648 Legislation.pdf

Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

R-16-0039

Chair Hardemon: Moving on now to PH.8.

George Mensah (Director, Community and Economic Development): This is the acceptance of Section 8 Housing Program funds in the projected amount of $4.6 million; and an additional 436,800 for Program, for a total of $5.1 million. This is for Section 8 Voucher and Moderate Rehab Programs. We have a total of 416 units on the Section 8 contracts.

Chair Hardemon: Is there anyone from the public that would like to speak on item PH.8?

Commissioner Carollo: Move it.

Chair Hardemon: Seeing none, I'll close the public hearing. It's been properly moved by Commissioner Carollo.

Vice Chair Russell: Second.

Chair Hardemon: And seconded by the Vice Chairman. Is there any further discussion about the item? Seeing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

PH.9 RESOLUTION 15-01651 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO TRANSFER $20,000.00 IN COMMUNITY Economic DEVELOPMENT BLOCK GRANT FUNDS FROM PROGRAM Development ADMINISTRATION TO HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. FOR THE PROVISION OF FAIR HOUSING TESTING, ENFORCEMENT AND EDUCATION TO CITY OF MIAMI RESIDENTS AND HOUSING DEVELOPERS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.

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15-01651 Summary Form.pdf 15-01651 Notice to the Public.pdf 15-01651 Corporate Detail.pdf 15-01651 Legislation.pdf

Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0040

Chair Hardemon: Moving on to PH.9.

George Mensah (Director, Community and Economic Development): PH.9 is the -- a resolution authorizing the City Manager to transfer an amount of $20,000 to -- in CDBG (Community Development Block Grant) funds from Program Administration to Housing Opportunities Project for Excellence, Inc., and this is to assist in promoting fair housing for City of Miami residents; and authorizing the City Manager to execute the necessary documents.

Chair Hardemon: Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public hearing.

Commissioner Carollo: Move it.

Chair Hardemon: It's been properly moved.

Vice Chair Russell: Second.

Chair Hardemon: And seconded by the Vice Chairman. Is there any further discussion? Seeing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Any -- well, motion passes.

PH.10 RESOLUTION 15-01638 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH General Services ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Administration PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF JOHNSON CONTROL, INC. AS A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE EXPENDITURE OF A SUM NOT TO EXCEED $236,000.00 FOR THE REPLACEMENT OF VARIABLE AIR VOLUME ("VAV") BOXES, AND CONFIRMING THAT THE ITEMS PROCURED ARE WITHIN THE SOLE SOURCE DETERMINATION MADE RELATIVE TO THE COMPATIBILITY TO THE METASYS BUILDING MANAGEMENT SYSTEM SET FORTH IN RESOLUTION NO. 95-803 ADOPTED ON NOVEMBER 1, 1995; FURTHER AUTHORIZING THE CITY MANAGER TO ADMINISTRATIVELY APPROVE ANY MAINTENANCE REPAIRS INCLUDING REPLACEMENT OF EQUIPMENT FOR THE METASYS BUILDING

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MANAGEMENT SYSTEM AT THE MIAMI RIVERSIDE CENTER, LOCATED AT 444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, 33130, AND TO EXECUTE ANY APPLICABLE AMENDMENTS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; WITH FUTURE PURCHASES TO BE ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-01638 Summary Form.pdf 15-01638 Notice to the Public.pdf 15-01638 Memo - Manager's Approval.pdf 15-01638 Memo - Request for Sole Source Finding.pdf 15-01638 Market Research.pdf 15-01638 Legislation.pdf 15-01638 Exhibit - Pre-legislation.pdf 15-01638 Exhibit - Proposal.pdf

Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0026

Daniel J. Alfonso (City Manager): So PH.10, it's a 4/5ths waiver item. It is related to control equipment that we need for air conditioning at MRC (Miami Riverside Center). It is a volume -- variable volume air control boxes. The reason why there's a 4/5ths is because the current technology that managers the air conditioning system is Johnson Controls, and in order to correct, replace or repair the equipment, it is through Johnson Controls, so therefore, we need a 4/5ths waiver.

Chair Hardemon: Is there anyone from the public that would like to speak on this item? Seeing none, the public hearing is closed. Commissioners?

Commissioner Gort: Move it.

Chair Hardemon: It's been moved by Commissioner Gort.

Vice Chair Russell: Second.

Chair Hardemon: Seconded by the Vice Chairman. Is there any further discussion on the item? Seeing none, all in favor, say "aye"

The Commission (Collectively): Aye.

Chair Hardemon: Any opposed? Motion passes.

PH.11 RESOLUTION 15-01395 Department of Capital TO BE WITHDRAWN BY THE ADMINISTRATION Improvement Programs/Transportat A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ion ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE

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JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), FOR THE DOWNTOWN MIAMI SIGNAGE AND WAYFINDING SYSTEM, ACCEPTING AN ADDITIONAL CONTRIBUTION OF FUNDS FROM THE DDA IN AN AMOUNT NOT TO EXCEED $350,000.00. 15-01395 Summary Form.pdf 15-01395 Notice to the Public.pdf 15-01395 Pre-Legislation.pdf 15-01395 DDA Resolution.pdf 15-01395 Legislation.pdf 15-01395 Exhibit - Agreement.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

END OF PUBLIC HEARING

ORDINANCES - SECOND READING

SR.1 ORDINANCE Second Reading 15-01463 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-72, ENTITLED "APPLICATION AND EXCLUSIONS" TO EXCLUDE FEDERAL COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS FOLLOWING TITLE 2, SUBTITLE A, CHAPTER 2, PART 200, OF THE CODE OF FEDERAL REGULATIONS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01463 Memo - Office of the City Attorney SR.pdf 15-01463 Legislation SR.pdf

Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

13586

Chair Hardemon: Item PH.11 was withdrawn. Moving on to our second readings now. SR.1.

Daniel J. Alfonso (City Manager): SR.1 is the -- it's an ordinance of the Miami City Commission amending Chapter 18/Article III of the Code of the City of Miami, Florida, entitled "Finance/City of Miami Procurement Ordinance"; more particularly by amending Section 18-72, entitled "Applications and Exclusion," to exclude Federal Community and Economic Development programs following Title 2; Substitute [sic] "A," Chapter 2, Part 200 of the Code of Federal Regulations; providing a severability clause and providing for an effective date. In effect, it means, Commissioners, that whenever we use Federal dollars in City contracting, we have to abide by Federal laws and not the local laws. We have been doing this; we're simply codifying this.

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Victoria Méndez (City Attorney): Perfect. Thank you.

Chair Hardemon: Is there anyone from the public that'd like to speak on that item? Seeing none, I'll close the public hearing. Madam City Attorney, you're recognized.

Commissioner Gort: Move it.

Ms. Méndez: Yes, it is -- it does just that. We're codifying our past practice of complying with Federal laws.

Chair Hardemon: Thank you very much. It's been properly moved by Commissioner Gort. Is there a second?

Commissioner Suarez: Second.

Chair Hardemon: And seconded by the -- by Commissioner Suarez. Is there any further discussion on the item? Seeing none, all in favor, say "aye."

Todd B. Hannon (City Clerk): Chair --

The Commission (Collectively): Aye.

Mr. Hannon: -- it's an ordinance, so the City Manager has already read the title into the record. I will now call the roll. Roll call on item SR.1.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, 5/0.

SR.2 ORDINANCE Second Reading 15-01552 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT", MORE PARTICULARLY BY AMENDING SECTION 2-211 ENTITLED, "DENIAL OR REVOCATION OF CERTIFICATE OF USE", TO PROVIDE A PROCESS TO APPEAL THE DENIAL OR REVOCATION OF A CERTIFICATE OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01552 Memo - Office of the City Attorney SR.pdf 15-01552 Legislation SR.pdf

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

13587

(SR.2) RESOLUTION 15-01552a City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION AND CITY ATTORNEY TO PRESENT A REPORT TO THE

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CITY COMMISSION IN ELEVEN (11) MONTHS REGARDING A REVIEW OF ORDINANCE NUMBERS 13587 AND 13594, ADOPTED JANUARY 28, 2016, PURSUANT TO AGENDA ITEMS SR. 2 AND PZ. 21, REGARDING THE APPEAL PROCESS FOR THE DENIAL OR REVOCATION OF A CERTIFICATE OF USE AS DESCRIBED IN CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED AND IN ARTICLE 7, DIVISION 1 OF THE MIAMI 21 CODE.

Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0049

Note for the Record: Please see item PZ.21 for minutes related to item SR.2.

Chair Hardemon: Item SR.2 and item PZ.21 are companion items. We'll deal with item SR.2 first, I believe?

Victoria Méndez (City Attorney): Yes.

Chair Hardemon: And then we'll go on to item PZ.21. So item SR.2.

Francisco Garcia (Director, Planning & Zoning): Yes, Commissioners. Briefly, by way of introduction, these two items that you've mentioned, Mr. Chairman, are intended to grant this body, the City Commission, the ability to hear on appeal the revocation of certificates of use. The reason we are proposing that that be done is to allow any applicants or any appellants the ability to exhaust any remedies within the City's scope of review prior to having to go to the next step, which actually would involve the Circuit Court.

Commissioner Gort: Move it.

Chair Hardemon: Is there anyone from the public that would like to speak on this item? You're recognized, sir.

Ms. Méndez: Chairman, are you opening up the public --

Chair Hardemon: For PZ --

Ms. Méndez: --hearing for both?

Chair Hardemon: I'm sorry. For -- what I'll do is I'll open it up for SR.2 -- keep coming forth -- and also PZ.21, so if you want to be heard on either item, this is the time to be heard.

Cecilia Stewart: Cecilia Stewart, 1899 Northwest 1st Court. And I'm here to support PZ.21. I'm a longstanding resident in the City of Miami, and I think that amending this ordinance, which will provide a check and balance for the citizens to come to the Commission to hear their concern with any decisions that's made at the Planning, Zoning & Appeals Board. And I want to thank you all for allowing this to come forth, and I thank you for your time and everything that you've done for the citizens of the City of Miami, because this will benefit everyone. Thank you.

Chair Hardemon: Thank you very much.

Vice Chair Russell: Thank you.

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Chair Hardemon: And board members, I want you to recognize how well-dressed our Overtown resident is as she walked in (UNINTELLIGIBLE).

Commissioner Gort: Yes.

Chair Hardemon: But thank you very much, Ms. Stewart. Is there anyone else that'd like to speak on any of these two items? Seeing none, we'll close the public hearing. For item SR.2, there was -- at the last meeting that we had, I -- well, it maybe have been a briefing, but I pointed out a discrepancy I thought that was in the language, and I know the -- that Madam City Attorney, you created some new language to be put into that language. Have you distributed it, or will you just announce it for the record?

Ms. Méndez: I was just going to read it, because it's just clarifying that it will be -- the language that's added is: "Or an aggrieved party" -- in Section "C," an appeal -- it's: "An aggrieved party who resides, occupies, or owns property within 500 feet." That is mentioned in two places, and that's exactly how it's going to read, to be consistent in that same section of Section "C," and that's the language that will be placed in both underlined sections of "C" for "Appeal."

Chair Hardemon: Do any of the Commissioners have any questions about that? If not, then I would ask -- solicit a motion to approve this item, as amended.

Commissioner Gort: As amended. Move it.

Commissioner Carollo: Mr. --

Chair Hardemon: It's been moved by Commissioner Gort.

Commissioner Carollo: Mr. Chairman, I'll second it; discussion.

Chair Hardemon: It's been seconded by Commissioner Carollo.

Commissioner Carollo: Second, discussion.

Chair Hardemon: You're recognized, sir.

Commissioner Carollo: The only thing, in speaking with the Administration, some of the things that we discussed was the volume of residents possibly coming, which may be a time issue; might be -- I don't know if money-wise, also. So I was thinking, should we entertain an amendment for maybe a one-year pilot to see how it works? And would you be amenable to that? And again, it's a discussion for my colleagues. I --

Vice Chair Russell: Mr. Chair.

Chair Hardemon: You're recognized.

Vice Chair Russell: I had another question about this. If I understand it correctly, the intention is to relieve the citizen of the burden of going through the proper -- I mean to the full legal appeals process; that they can bring it to us --

Commissioner Carollo: Yes.

Vice Chair Russell: -- if they'd like to appeal a decision. On the flip side, though, if we are revoking the CU (Certificate of Use) of a business, are we, by this -- reducing their burden by not making them go through the legal appeals process that basically every appeal will come to us and --?

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Commissioner Carollo: Well, that's exactly why I'm saying, "Should we do this in a pilot program?" because you could see already what may occur.

Chair Hardemon: Madam City Attorney, is it possible to appeal a higher court? I mean, under the language that you just put forth, does that mean that you want the Third DCA (District Court of Appeal) to render an opinion --

Commissioner Carollo: No.

Chair Hardemon: -- and (UNINTELLIGIBLE)

Commissioner Carollo: The only thing I'm saying is, let's establish this on a pilot program; in other words, in a year, let's see how the program worked, and come -- and can we bring it back?

Ms. Méndez: That can be placed at the --

Commissioner Carollo: In other words, can it be sun-setted?

Ms. Méndez: I think that the cleaner way to do the legislation would be that Mr. Clerk and our office tickle this legislation for exactly one year from now, and bring back a report with the Manager, and make sure that we tell you how it's going. And if there is a problem, then we bring legislation to correct it. Would that work?

Chair Hardemon: That can be stated as a directive, and not necessarily a part of this motion.

Commissioner Gort: This is for CU.

Commissioner Carollo: Yes, an amendment; in other words, I want to pass it as is, with the amendment of -- well, first of all, it's a previous amendment -- so with that amendment; and then adding this amendment that in a year, they bring back a report, and if anything needs to be changed, it will; if not, we move forward with --

Chair Hardemon: Just to clarify, though, I wouldn't put an amendment on an ordinance, if it's not part of the ordinance. What I'm saying is that we add the amendment as -- have the ordinance as amended; and then you can create another motion, just after -- as a directive to the staff to bring back in a year.

Commissioner Carollo: As long as I get the definition for "tickle."

Ms. Méndez: I'm sorry. I will place it on my Outlook and -- as well as the Manager's. I will Outlook all of you the same, and it will be a reminder a year from now exactly to bring this back, so.

Commissioner Carollo: Understood.

Chair Hardemon: You're recognized, Commissioner Gort.

Commissioner Gort: One of the reason I think we're doing this, we have been very reactive instead of proactive. I have one case of some violation taking place in (INAUDIBLE) the -- and I'm sure every one of the neighborhoods having the same thing; people that get a CU for a cafeteria, which is supposed to be open to 10 o'clock. Then, all of a sudden, after 10 o'clock, it turns into a nightclub, and it's kind of hard for the -- to do -- go through the due process. You go through the due process, it takes forever. I think this is one way that we can go ahead, go in, take the CU out, and let them come in front of us, and ask them why it should be given back to it.

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Right?

Commissioner Carollo: So, Mr. Chairman, just for clarity, we're going to then -- and I'm the maker of the motion, but I just want to make sure that this is the way that -- you know, this is the will of this Commission. Let's approve it, not with my amendment; but then, right after, I'll do a resolution saying -- directing the City management, the City Attorney to bring this back a year from now, with a report; or 11 months from now, 11 months from now, with a report, stipulating how, you know, how it's going, an analysis, and, you know, if the recommendation is to move forward again, or make any alter -- you know -- alterations to it.

Chair Hardemon: That's my understanding.

Commissioner Carollo: Okay.

Chair Hardemon: Any further unreadiness? Any further discussion?

Commissioner Carollo: It's an ordinance.

Chair Hardemon: It's an ordinance. Madam City Attorney -- well, has it been read into the record?

Ms. Méndez: I will read it now. SR.2.

The Ordinance was read by title into the public record by the City Attorney.

Todd B. Hannon (City Clerk): Roll call on item SR.2.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, as amended, 5-0.

Commissioner Carollo: And Mr. Chairman.

Chair Hardemon: You're recognized, sir.

Commissioner Carollo: Thank you. And I make a motion to direct our City Attorney or management to bring back 11 months from now a report, and any recommendations regarding the ordinance that we just passed.

Chair Hardemon: Is there any objection to that motion or that directive? Seeing none, that motion passes.

Mr. Hannon: Chair --

Commissioner Carollo: You need a second and --

Mr. Hannon: Yes, sir. It's the custom of the Commission --

Commissioner Suarez: Second.

Mr. Hannon: This is going to be considered a motion directing with --

Commissioner Suarez: Second.

Chair Hardemon: Commissioner Suarez seconded. Seeing no objection, motion passes.

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Commissioner Suarez: 11 months, right?

The Commission (Collectively): Aye.

END OF ORDINANCES - SECOND READINGS

ORDINANCES - FIRST READING

FR.1 ORDINANCE First Reading 15-01657 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE WIDTH OF NORTHEAST/NORTHWEST 9TH STREET BETWEEN NORTHEAST 1ST AVENUE TO NORTHEAST 2ND AVENUE, NORTH MIAMI AVENUE TO NORTHWEST 1ST AVENUE (EAST) AND NORTHWEST 2ND AVENUE TO INTERSTATE 95, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01657 Summary Form SR.pdf 15-01657 Memos with Location Map.pdf 15-01657 Back-Up from Law Dept.pdf 15-01657 Legislation FR/SR.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Commissioner Suarez: FR.1?

Chair Hardemon: FR.1.

Eduardo Santamaria: Good evening, Mr. Chair, Commissioners. Ed Santamaria, director of Public Works. Before you is FR.1, which is an ordinance amending Chapter 54 of the Code, entitled "Streets and Sidewalks," by amending Section 54-190, entitled "Non-Standard Street Widths," to modify the zoned street right-of-way width of Northeast/Northwest 9th Street, between Northeast 1st Avenue, westward to I-95.

Chair Hardemon: Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public hearing. Commissioners, is there a motion?

Commissioner Suarez: So moved.

Commissioner Carollo: Second.

Chair Hardemon: It's been properly moved and seconded to pass FR.1. Any discussion?

The Ordinance was read by title into the public record by the City Attorney.

Todd B. Hannon (City Clerk): Roll call on item FR.1.

A roll call was taken, the result of which is stated above.

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Mr. Hannon: The ordinance passes on first reading, 5-0.

FR.2 ORDINANCE First Reading 15-01597 City Commission AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6/SECTION 2-1013, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/SPORTS AND EXHIBITION AUTHORITY/GOVERNING BODY", TO CLARIFY THE COMPOSITION, ORGANIZATION, DUTIES, AND POWERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01597 Legislation SR v3.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Note for the Record: Item FR.2 was deferred to the February 11, 2016, Regular Commission Meeting.

END OF FIRST READING ORDINANCES

RESOLUTIONS

RE.1 RESOLUTION 15-01652 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire-Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT, ENTITLED "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2015", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $5,225,000.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE FEDERALLY-FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND THE UASI GRANT PROGRAM FISCAL YEAR 2015, AS NECESSARY, AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS, OR EXTENSIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS CONTIGUOUS PARTNERS, SETTING

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FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI GRANT PROGRAM FY 2015 AS ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE-RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 15-01652 Summary Form.pdf 15-01652 Legislation.pdf 15-01652 Exhibit.pdf

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0041

Chair Hardemon: FR.2 has been deferred. RE.1.

Commissioner Suarez: I liked "for" better; it's really more appropriate.

Joseph Zahralban: Chairman, Commissioners, Joseph Zahralban, Deputy Fire Chief, Department of Fire-Rescue. Before you, RE.1 is a resolution establishing a special revenue project entitled "Urban Area Security Initiative Grant Program"; appropriating funds in the amount of 5,225,000 from the U.S. (United States) Department of Homeland Security to the highest risk cities, for the purpose of preventing, responding to, and recovering from acts of terror or natural disasters. I'd be pleased to answer any questions you may have.

Chair Hardemon: Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public hearing. Commissioners --

Commissioner Gort: Move it.

Chair Hardemon: -- any motions?

Commissioner Gort: Move it.

Commissioner Carollo: Second.

Chair Hardemon: It's been properly moved and seconded to pass RE.1. Any further discussion? Seeing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

RE.2 RESOLUTION 15-01649 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire-Rescue RECEIVED FOR INVITATION FOR BID 498331 WITH MONICA MANUFACTURING CORP. D/B/A ALL UNIFORM WEAR, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR GROUPS 3, 4, 5, 8, 9, 10, 11, 12, 13, 15, 16, AND 17, AND GLOBAL TRADING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR GROUPS 1, 2, 6, 7, 14, AND 18, FOR THE PROVISION OF FIRE-RESCUE UNIFORMS AND SAFETY SHOES FOR THE CITY OF MIAMI DEPARTMENT OF FIRE-RESCUE ON AN City of Miami Page 83 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016

AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING ADDITIONAL SUPPLIERS TO BE ADDED TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY. 15-01649 Summary Form.pdf 15-01649 Award Sheet.pdf 15-01649 Tabulation Sheet.pdf 15-01649 Corporate Detail -Monica Manufacturing Corp.pdf 15-01649 Corporate Detail - Global Trading, Inc.pdf 15-01649 Bid Response - Monica Manufacturing.pdf 15-01649 Bid Response - Global Trading Inc.pdf 15-01649 Invitation For Bid.pdf 15-01649 Legislation.pdf

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0042

Chair Hardemon: Moving on now to RE.2.

Joseph Zahralban: Again, Chairman and Commissioners, Joseph Zahralban, Deputy Fire Chief, Department of Fire-Rescue. RE.2 is a resolution accepting a bid from All Uniform Wear and Global Trading, Inc., for the purpose of providing Fire-Rescue uniforms and safety shoes, with an initial contract period of three years, with two additional one-year options to renew. I'd be pleased to answer any questions.

Chair Hardemon: Anyone from the public would like to speak on this item? Seeing none, I will close the public hearing. Commissioners.

Commissioner Gort: Move it.

Commissioner Carollo: Move it -- second.

Chair Hardemon: Been moved and seconded.

Commissioner Carollo: Second.

Chair Hardemon: It was moved by Commissioner Gort; seconded by Commissioner Carollo. Any further discussion? Hearing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

Mr. Zahralban: Thank you.

RE.3 RESOLUTION 15-01585

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Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT TO RUN WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, WITH OAK PLAZA ASSOCIATES (DEL.) LLC TO CONSTRUCT AND MAINTAIN NON-STANDARD IMPROVEMENTS WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY THAT ABUTS THEIR PROPERTY IN THE DESIGN DISTRICT, MIAMI, FLORIDA. 15-01585 Summary Form.pdf 15-01585 Legislation.pdf 15-01585 Exhibit.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0043

Chair Hardemon: Moving on to RE.3.

Eduardo Santamaria: Once again, Commissioners, Ed Santamaria, director of Public Works. RE.3 is a resolution authorizing the City Manager to execute a covenant to run with the land with Oak Plaza Associates, LLC (Limited Liability Company), a property owner in the Design District, to construct and maintain non-standard improvements within the dedicated public right-of-way that abuts their property.

Commissioner Suarez: Move it.

Chair Hardemon: Anyone from the public would like to speak on this item? Seeing none, I'll close the public hearing at this time. Commissioners, is --

Commissioner Suarez: Move it.

Chair Hardemon: -- discuss the motion?

Commissioner Carollo: Second.

Chair Hardemon: Been moved by Commissioner Suarez and seconded by Commissioner Carollo. Any further discussion? Seeing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

RE.4 RESOLUTION 15-01478 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING THAT ALL RECIPIENTS OF FUNDING FROM THE CITY OF MIAMI ("CITY") ANTI-POVERTY INITIATIVE FUND EXECUTE AN AGREEMENT WITH THE CITY THAT ADDRESSES THE SCOPE OF SERVICES, PERFORMANCE MEASURES, INVOICING, CONFLICTS OF INTEREST AND OTHER MATERIAL TERMS THAT MAY BE APPLICABLE TO THE USE OF FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE

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TO THE CITY ATTORNEY. 15-01478 Summary Form.pdf 15-01478 Pre-Legislation.pdf 15-01478 Legislation.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0044

Chair Hardemon: Moving on now to RE.4.

Milton Vickers: Milton Vickers, Office of the City Manager. RE.4 is a resolution requiring individuals who are to receive anti-poverty dollars to complete a memorandum of understanding -- or memorandum of agreement for the expenditures of those funds; the sole purpose of identifying the scope of services, performance measures, invoicing, conflict of interest, and other material terms that may be acceptable uses for those funds.

Commissioner Suarez: Move it.

Mr. Vickers: Available to answer any questions.

Commissioner Carollo: Second.

Chair Hardemon: Been properly moved and seconded to pass this item. Is there anyone from the public that would like to speak? Seeing none, I'll close the public hearing. Any discussion?

Vice Chair Russell: Discussion.

Chair Hardemon: You're recognized, sir.

Vice Chair Russell: Will we have any specific form to offer those who want to apply that has the exact criteria of which they're to be measured or the scope, or is it sort of open-ended? How are we going to manage this?

Mr. Vickers: That's -- it's sort of open-ended. It would depend primarily on what you are funding, because these are your --

Vice Chair Russell: Yep.

Mr. Vickers: -- allocations. Once you identify for us what you perceive the expenditure to be, we will work with them to develop a scope of services. The last -- the first and only one thus far has been Commissioner Gort, with the Bayside Foundation. We work hand-in-hand with his chief of staff and the City Attorney's Office to develop that scope of services, so to that extent, it will be with the assistance of your staff, based upon your desire for the expenditure of those funds.

Vice Chair Russell: So it's not a specific form, though? What I'm getting at is I'd really like to make this as easy as possible to, you know, identify the potential groups that could benefit from the anti-poverty dollars, and get them in the system, and get them the money, and get them to do what they want to do, but I don't want them to fall into a position where they either didn't reach a certain measurement because maybe it wasn't clear in the process or something like that.

Mr. Vickers: Some of the funds are -- it's -- some of your allocations are very small, so it would not make a lot of sense to put -- to drown them with performance measures that really just

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doesn't make a whole lot of sense, so to that extent, there may be some allocations where you don't have performance measures; but if there are, then we would certainly negotiate those performance measures with the provider or the recipient of those funds.

Vice Chair Russell: This is a measurement system; not necessarily a qualification system --

Mr. Vickers: No.

Vice Chair Russell: -- or a --

Mr. Vickers: By no means is it a qualification. That's left completely up to you.

Vice Chair Russell: Thank you.

Mr. Vickers: You're welcome.

Chair Hardemon: The -- those forms, Mr. Vickers, those forms, they're created with input from the Commissioners --

Mr. Vickers: Yes.

Chair Hardemon: -- who are participating?

Mr. Vickers: That's correct.

Chair Hardemon: Okay. So no form or an agreement is created without the input of a Commissioner?

Mr. Vickers: That's correct, sir.

Chair Hardemon: All right. And that input -- I want to be very clear -- so the input -- I don't want to be toyed with, with the term, "input."

Daniel J. Alfonso (City Manager): Commissioner, our intention is not to create a bureaucratic process that will force people to jump through hoops. We're trying to be proactive to ensure that the folks that are receiving the funds are going to do what they say they're going to do.

Chair Hardemon: Okay.

Mr. Alfonso: That's all.

Chair Hardemon: Commissioner Gort.

Commissioner Gort: Let me give you an example. I felt that the best way I can help is by giving -- providing scholarships to high school kids that would like to go to college. Today, going to college is very difficult. A lot of people come out with a mortgage when they come out of the college; either college or technical school, so I split it in between the two, because not everyone wants to go to college, so some people might want to go to technical school and do better. And I selected a firm that already -- a non-for-profit. They were already performing that same thing, so it's to give them additional funds for them to do -- continue their job.

Chair Hardemon: Any further discussion on the item? Seeing none, all in favor, say "aye."

The Commission (Collectively): Aye.

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Chair Hardemon: All against? Motion passes. I just want to share something really quickly. There was an article that was passed out by one of our Commissioners' chief of staff, and it says -- it was just today; yes, January 28, 2016, 10:19 a.m. -- "Feds bust dozens in violent crime takedown in Miami-Dade." And so it talks about how this takedown by the U.S. (United States) Attorney's Office arrested more than 40 -- well, 55 subjects that terrorized neighborhoods such as Little Haiti, Liberty City, and Miami Gardens. And so they talk about how they removed or confiscated 50 guns, 500 rounds of ammunition, and multiple kilos of drugs; and the point being that it was a drug distribution cartel. So this is something that is good; hopefully, they can keep them behind bars, because, of course, they cause a problem in our communities. And I've written many articles that talk about the Feds that need to -- we need Fed intervention in killings. So we know we get their intervention when it comes to drugs at a major level, but the killings, I think, are a national epidemic, and we need them to step up with that, but this is good.

RE.5 RESOLUTION 15-01650 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FEDERAL NATIONAL MORTGAGE ASSOCIATION ("SELLER"), FOR THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 12 SOUTHWEST 47TH AVENUE, MIAMI, FLORIDA, ("PROPERTY"), WITH AN APPROXIMATE TOTAL LOT AREA OF 9,475 SQUARE FEET, AS LEGALLY DESCRIBED IN THE AGREEMENT, FOR A TOTAL PURCHASE PRICE OF TWO HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED DOLLARS ($274,900.00), CONTINGENT UPON THE CITY OBTAINING A WRITTEN APPRAISAL FROM A LICENSED FLORIDA APPRAISER STATING THAT THE APPRAISED VALUE OF THE PROPERTY IS AT MINIMUM THE REFERENCED AMOUNT HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; WITH FUNDS ALLOCATED FROM THE CAPITAL IMPROVEMENT AND TRANSPORTATION PROGRAM PROJECT B-50568, DISTRICT 4 PARK LAND ACQUISITION, IN THE TOTAL AMOUNT NOT TO EXCEED APPROXIMATELY TWO HUNDRED EIGHTY FIVE THOUSAND DOLLARS ($285,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF THE SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND SUCH OTHER RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. 15-01650 Summary Form.pdf 15-01650 Legislation.pdf 15-01650 Exhibit.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0045

Chair Hardemon: Moving on now to RE.5.

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Daniel Rotenberg: RE.5. Afternoon, Commissioners. Daniel Rotenberg, director of the Department of Real Estate & Asset Management. RE.5 is a resolution of the City of Miami Commission authorizing the City Manager to execute a purchase and sale agreement. It's for a pocket park located at 12 Southwest 47th Avenue, the Terra Alta area. This is for a approximately 10,000-square-foot park. We're buying this for a little under $275,000 from Fannie Mae.

Chair Hardemon: Is there any discussion -- well, is there any comment on this from the public? Seeing none, I will close the public comments. Commissioners, any motions or discussion?

Commissioner Suarez: Yes. I'd like to move it.

Commissioner Carollo: Second; discussion.

Chair Hardemon: Been properly moved and seconded. Commissioner Carollo, you're recognized. Discussion?

Commissioner Carollo: Yeah. The only thing I want to say, that it's just contingent upon the appraisal, making sure that, you know, it meets fair market value.

Mr. Rotenberg: That is correct.

Chair Hardemon: Any further discussion?

Commissioner Suarez: Yeah. We purchased one in the vicinity, correct?

Mr. Rotenberg: Correct.

Commissioner Suarez: And so this is sort of in line with something I've been trying to do throughout the district, which is create -- it's very hard to get park space in the City. It's very hard to aggregate land, because it's very expensive, so what we've done is, we've found different opportunities to aggregate and to purchase lots, and create mini-parks for neighborhoods that want them, and it's been very successful so far, and it's just -- it's an ongoing effort. I really want to thank Mr. Rotenberg. He's been a true help in getting it done in an efficient way; and Kevin, who's not -- I haven't seen him, but he may be around. He's also been very receptive to the idea, because it is tough. It's tough for us to get these big parcels, so, you know -- but we still have the same challenge, which is to enrich our neighborhoods with public space. Thank you.

Chair Hardemon: Thank you very much. Any further comments? Seeing none, all in favor of the item, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

RE.6 RESOLUTION 16-00030 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), RESCINDING RESOLUTION NO. 15-0221, ADOPTED MAY Francis Suarez 14, 2015, THAT ESTABLISHED THE CITY OF MIAMI COMMODORE RALPH MUNROE MIAMI MARINE STADIUM ("MIAMI MARINE STADIUM") STEERING COMMITTEE, TO ADVISE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING THE MISSION, VISION, BUSINESS PLAN, GOVERNANCE, AND OPERATION OF THE MIAMI MARINE STADIUM AND

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ITS ABUTTING PROPERTY AND BASIN. 16-00030 Legislation.pdf 16-00030 Exhibit.pdf

Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0046

Chair Hardemon: RE.6.

Daniel J. Alfonso (City Manager): Commissioner Suarez was bringing this item to -- it's a resolution to rescind the steering committee that was set up for the Virginia Key Marine Stadium.

Commissioner Suarez: Yeah. This was a companion to the other item regarding Virginia Key, and it was a cleanup that the City Attorney had mentioned that we needed to bring to clean up that earlier piece of legislation, so I'll move it.

Commissioner Gort: Second.

Chair Hardemon: It's been properly moved and seconded. Is there any public comment? Seeing none, I'll close the public hearing. Quick question: The -- we titled this as a resolution. Is this attached to any of the ordinances, or is it simply just a resolution that we abide by?

Victoria Méndez (City Attorney): It's a resolution rescinding a resolution that we passed earlier in May of 2015 when we created a steering committee for the Marine Stadium; but since now we have the ordinance that was created with the advisory board for Virginia Key, then this is moot, and in order to clean it up, this one needs to be rescinded.

Chair Hardemon: Is there any further unreadiness or discussion?

Commissioner Suarez: Yeah. Just basically so that there's not overlap between the two committees.

Chair Hardemon: All in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

END OF RESOLUTIONS

BUDGET

BU.1 BUDGET DISCUSSION ITEM 15-01464 Office of Management MONTHLY REPORT and Budget I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET)

II. SECTION 18-502 (CITY'S ANTI-DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)

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15-01464 Summary Form.pdf

DISCUSSED

Chair Hardemon: BU.1.

Christopher Rose (Director, Office of Management & Budget): BU.1 is the monthly Budget report. At the end of December, we did a soft projection. We are projecting a $9.5 million surplus in the General Fund, and a $2 million surplus in the Internal Service Fund, for a total of 11 and a half million. I will remind everyone that this is about one and a half percent of the budget, so this is a slim margin at this point, and we'll watch it for the rest of the year. General Fund revenues were $36 million higher than last December. General Fund expenditures were $124 million higher than last December, but that is because we have already done the cost accounting, and spread what normally spreads at the end of the year at the beginning of the year. Preview of some of the things that we're looking for, that we're watching right now for possible inclusion in the midyear budget amendment are. Of course, the rollover departments -- Parks, IT (Information Technology), Real Estate & Asset Management, elected officials, transportation services. We're watching for the additional service that has been added since the budget was adopted, and we do need to move funds from non-departmental to the Fire Department, associated with the collective bargaining that was adopted after the budget was passed. I'll be happy to take any questions you have at this time.

Chair Hardemon: Questions? Hearing none, thank you very much, sir.

Mr. Rose: Thank you, Commissioners.

Commissioner Gort: Very good.

END OF BUDGET

DISCUSSION ITEMS

DI.1 DISCUSSION ITEM 16-00043 City Manager's Office DISCUSSION REGARDING TIMELINES FOR COMPLETION OF A TRANSPORTATION IMPACT FEE STUDY. 16-00043 Summary Form.pdf

DISCUSSED

Chair Hardemon: DI.1.

Daniel J. Alfonso (City Manager): All right Commissioners, DI.1 -- what we have done so far is we have reached out to the companies that do studies for impact fees; we have a list of vendors that do this kind of work; and we're working with them to establish what is the scope of the work that is going to be needed so that we can come back to the Commission and request the funding that would be required. Now, in the conversation -- in the briefings, it was asked that we also look at the creation of a transportation master plan. If it is the wish of this Commission to do that, as well, please let us know, so as we create the scope of funds to need, we can work that in, and then I imagine in the next 60 days, we should have a fair estimate of what the initial study will be.

Chair Hardemon: Any questions from the dais?

Vice Chair Russell: Mr. Manager.

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Chair Hardemon: You're recognized.

Vice Chair Russell: Are you comfortable moving forward with -- feeling that you get what we're going for in terms of the scope of what we're looking for; or is there still --?

Mr. Alfonso: I don't think we got very clear direction on what all the use of the funds was; although some discussion through the briefings, I was told that perhaps we should limit the expenditures of the transportation impact fees to those things that are currently in the ordinance that was passed, which was, I believe -- Commissioner Suarez, help me out here -- parking, mass transit --

Commissioner Suarez: Yeah, and the trolley operational fund.

Mr. Alfonso: -- and the trolley operation.

Commissioner Carollo: Of course.

Mr. Alfonso: Well, impact fees, I don't think can be used for the operations, but, certainly, the infrastructure of mass transit and parking garage.

Commissioner Suarez: Yeah. And I would just add that, you know, and I think maybe it would have to be a separate study, but we spoke in our briefing about a transportation master plan.

Mr. Alfonso: Right. I mentioned that, so if it's the will of this Commission, we can work with our vendors to scope that in, as well.

Commissioner Suarez: Right. I think we should, because I think -- for example, and I'll give you -- and I'll tell you why. For many of our districts, one of the big issues is cut-through traffic, and we have residents here, some that I see from Silver Bluff and other parts of the City, where cut-through traffic is a main issue. And one of the things that we need to do with the County is explain to them that we have a different philosophy of how to move people throughout our City, and our philosophy is that our neighbors and our neighborhoods have to come first , and that it's not about a car, saving, you know, five seconds to get through our neighborhood, to get from Point "A" to Point "B"; that's what the arterials are for. And so I think what a transportation master plan will do is it would look at that cut-through problem comprehensively, throughout the City, and it can recommend traffic control devices; it can recommend maybe even closures, which a lot of residents have sought neighborhood closures. And so, you know, I know that Coral Gables is doing it, and if it's good for the goose, it's good for the gander, I think. A lot of our residents sometimes wonder why other cities seem to be so far ahead of us in a lot of these improvements.

Commissioner Gort: Mr. Chairman.

Chair Hardemon: You're recognized, Commissioner Gort.

Commissioner Gort: I'm glad you mentioned that about the master plan, and since you're in the MPO (Metropolitan Planning Organization) or whatever they call -- the transportation committee you're in, and you share, and I think it's very important. It's not only Coral Gables, but it's also at least five cities that utilizing trolley, and the trolley is creating -- used by the same companies that's providing it to everyone. I believe that one of the things we need to do is the master plan, how to communicate with -- connect with each other and create the different routes that can also connect to massive [sic] transit. I think that'll be very important. Like today, I know we're going to discuss about the trains that we -- I mean the trolleys that we going to expand and so on. In that expansion, I want to make sure we make it -- do it smartly, make sure that they connect to each other, and how we can connect the -- all the places within the City of Miami, and then with the other cities.

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Commissioner Suarez: Mr. Chair, if I may?

Chair Hardemon: You're recognized.

Commissioner Suarez: Thank you. Yeah, just to that point, specifically, I agree with you 100 percent. What we did in the Coral Way trolley, which is the one that I was going to talk about in the next discussion item, was we did an MOU (Memorandum of Understanding) with Coral Gables, so we connected Brickell through Coral Way to Ponce, so we connected two cities, and two major business corridors through Coral Way, with the objective of, in effect, you know, creating a renaissance for Coral Way, as well, which I think -- we're hopefully going to see happen in the near future, but at the next Commission meeting, I'm going to ask Commissioner Vince Lago to come, who's a Commissioner in Coral Gables, because we have two more lines that are coming on, which is one in the Vice Chair's district, in Coconut Grove; and the other one is the 8th Street line, which comes up Flagler and will intersect with the Ponce trolley on Ponce and 37th Avenue, as it crosses north -- I'm sorry -- as it crosses south from Flagler to 8th Street. So you're going to have connectivity to that Ponce trolley from three different lines, and I think, you know, it's important for us, you know, to understand that, and to connect them, as you said.

Chair Hardemon: You're -- well, did you have something?

Commissioner Carollo: Yes.

Chair Hardemon: And then the City Manager and the Vice Chairman. You're first.

Commissioner Carollo: Okay. I'll yield to the Vice Chair. Go ahead, I'll yield to you.

Vice Chair Russell: Thank you. I had a statement and a question. I met with Coral Gables Commissioner Lago -- was it -- this morning, actually -- to discuss that exact thing, and he's got my personal commitment that we're going to connect the Coconut Grove -- regulate the trolley through the West Grove to the Gables trolley, so that the residents there have good options to get into our center in the Grove, and into the Gables center, as well. I had a question regarding the transportation master plan concept. Would it only encompass the responsibilities that we have as a City, the things that we can directly impact; or would it go into also what we would hope to lobby the County for, or the State for, in terms of the total vision of the transportation?

Commissioner Suarez: Well, I think we're developing a scope, and I think that's what the Manager was saying, but I think this is a great opportunity for us to talk about what we want the scope to be, and so I think you're absolutely right. The scope should be, for example, not only, you know, traffic control devices and inter-city congestion, and trolleys, but it should also be mass transit; it should also be any other form of transportation that you feel is going to benefit the citizens of the City of Miami. So I think it's a good -- I think now is a good time to articulate what you think should be included in the scope, so that the Manager has direction.

Vice Chair Russell: I think it's great. I'm sorry, I was distracted --

Commissioner Suarez: No, this is a good thing.

Vice Chair Russell: -- (UNINTELLIGIBLE) by the Clerk's Office. Thank you very much.

Commissioner Suarez: We're on the road to this being a long meeting, so.

Chair Hardemon: Commissioner Carollo.

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Commissioner Carollo: Thank you, Mr. Chairman. See, I knew I should have yield to the Vice Chairman. Now I have to talk -- now I have to speak less. But dovetailing on what you were saying, and the master plan, first of all, let me start by saying that although I agree we should do it at the same time, I don't want to necessarily comingle both of them, because one clearly deals with revenue; the other one deals with a master plan. So what I don't want is that we're working on the master plan and more months keep passing, and keep passing, and we don't necessarily have the study with regards to revenues. And if more, you know, high-rises come into play, you know, we're not benefiting from impact fees on these high-rises that are causing issues with our traffic. So I want to make sure that we understand. One is revenue; the other one is the master plan. With the master plan, I also want to make sure we take into consideration that, you know, a master plan for the City, I think it's a good idea, but at the same time, remember, the overall transportation master plan, the responsibility is really on the County. So I don't mind integrating with them, and even subsidizing, as I have chosen, but at the same time -- and I agree doing connectivity, you know, especially with the Gables and the other municipalities, but, you know, we got to be careful that we start piecemealing too much, and we lose track of the bigger picture that, you know, technically, transportation is actually a regional issue now, and that's why I want to make sure with the revenue part, with transportation impact fee, solely for transportation, we look at that, because in the future, we want to be able to raise funds in order -- in case we have to do matching funds or something of that magnitude; be able to have the funds to be able to, you know, put forward, and be able to get a large project, which, you know, could affect, you know, the City as a whole, or a regional project.

Commissioner Suarez: Let me just -- if I may, Mr. Chair.

Chair Hardemon: You're recognized.

Commissioner Suarez: Just give a concrete -- couple of concrete examples. One is -- it doesn't in any way contradict anything you've said. The concrete example number one is, you know, I can tell you anecdote -- not anecdotally -- objectively and precisely that the County has rejected 75 percent of the traffic control devices that our office -- you know, by our citizens, through our citizens -- has requested of the County; 75 percent.

Commissioner Carollo: By the way, and if I may, Commissioner Suarez, that's very important for you to say that, okay? That's very important for you to say that, because, back to what I said, the County is the one who has the purview, and even though we request the -- I don't know, we haven't gone through percentages -- but the majority of the ones that we've requested have been denied.

Commissioner Suarez: Well, and the reason why I tell you 75 percent was, because when I had a meeting with the director of the County, I was going to tell them 90 percent, which is hyperbolic, you know, and I thought, well, that's a little bit too sensational, so let me actually count and see how many it was, and it was actually 75 percent. So I think that's one situation and a problem where there's a philosophical difference between what the County wants to accomplish in transit and what we want to accomplish. Second part is, if you want to close off certain neighborhoods -- right? -- which we know has -- adds value, and we know reduces traffic and creates quality of life increases, it's taken some neighborhoods 10, fif -- those that have been successful, it's taken them 10, 15 years to do it. And, unfortunately, it seems like it's only happening in the wealthy areas of our City, and I don't think that's fair, you know, so I think --

Commissioner Gort: I'm glad you brought that up.

Commissioner Suarez: -- and I don't think that's fair, you know. Right now, the only closed neighborhoods are in the Upper Eastside, in the Grove, and there's -- where I live, basically. So, you know, I don't think that's fair. You know, I think, oftentimes, my residents or residents in my district will tell me, "Hey, we want to enjoy the same quality of life that you enjoy," you know what

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I mean? And property values are going up in these neighborhoods. You know, I have a two-year-old, and I'm, you know, blessed to be able to walk the streets, you know, calmly in my neighborhood. So, you know -- and I paid a premium for it, and, you know, and that's okay, but I think the master plan it's important; and I think for the closure perspective, it's also important. Thank you.

Chair Hardemon: Any further discussion? You're recognized.

Francisco Garcia (Director, Planning & Zoning): Yes, very briefly, sir. Thank you for the opportunity. There is an important planning component to this effort. And ultimately, in order to establish an impact fee program, if there is to be one, the City, of course, will have to set forth what its goals, objectives, and policies are that the impact fee program is intended to support and achieve. And these goals, objectives and policies will ultimately have to be included in the City's Comprehensive Neighborhood Plan. I take this opportunity to advise you that we are now entering into the evaluation and appraisal report of our Comprehensive Neighborhood Plan. It's a five-year cycle, and so we will be visiting each of your offices soon to fine tune that document. And if it is the vision of the City that transportation and transect are issues that are to be looked into in the near future, those goals and objectives should be captured in this go-around, at least in principle; and then we can, of course, elaborate further as we go on. Thank you.

Chair Hardemon: Thank you. Seeing no further discussion, DI -- you have something?

Vice Chair Russell: I would just like to make sure that the Manager has very clear direction on the scope of what we're asking him to create the study for, because I still feel like --

Mr. Alfonso: Yeah.

Vice Chair Russell: -- we're going to go another month and he's going to come back and need another month.

Mr. Alfonso: Well, no. What's going to happen is we're going to come back in about 60 days with a company that is going to study two separate scopes; one for a master plan, and one for an impact fee. And then, we're going to give them very clear direction as to what that scope is, and we're going to give you an estimate of what that's going to cost, because we don't have that yet in the budget. So then, this Commission will make a decision on, "Do we want to spend that money on those studies; yea or nay?" And then we'll go and find the funding.

Vice Chair Russell: So in 60 days, we're going to have a -- we're going to hire a specialist to let us know if we should have a study, and then we'll have a study.

Mr. Alfonso: Well, to let you know how much the study may cost, yes.

Vice Chair Russell: Right. I'm just trying to see if we can streamline the process a little, as important as these issues are. And, I mean, should we not discuss at this point exactly the scope of what we're looking for? Would that help get that -- get us to the next step sooner? Or -- because these are our chances, really, to fine tune this thing and --

Commissioner Suarez: I agree, and I think -- I mean, I thought we had the in-house expertise to be able to develop a scope.

Mr. Alfonso: No -- well, think about -- this is for an impact fee for transportation across the entire City, to include mass transit; to include its connectivity with the County --

Commissioner Carollo: To include mass transit-related -- you know. Where are the lawyers? Get a catchall phrase you know, but that deals with, you know, transportation issues.

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Chair Hardemon: You're recognized.

Vice Chair Russell: I understand why it's difficult. When you're trying to measure an impact fee for other things, like Police, or Fire, you can -- it's pretty quantifiable. If I build this unit, I expect this much more need of Fire, or Police. It's harder to say, "If I build this unit, how does that directly impact traffic, and what dollar figure do we attribute to that, and what would we do with that to impact traffic?" To me, it absolutely does make perfectly sense that it should exist. The more development that we approve, the worse traffic will get, and the more the need is for us to address it with public transportation issues, and you name it. So if we can actually find what it is -- I mean, what I'd -- you know, if there's a question about -- this is where the specialist should -- I'm hoping we could bypass the middle part, where we have vet somebody to actually tell us whether or not we need the study, and then study the cost of the study.

Mr. Alfonso: Right. I don't -- I think we need the study; that's clear, because that's the direction that this Commission wants to go. And -- but I can tell you that we do not have the in-house expertise to tell you what that level of scope is going to cost. So we're going to bring somebody onboard to give us that scope and tell you.

Commissioner Suarez: You're talking about for the impact fee, or you're talking about for both?

Mr. Alfonso: Well, for the impact fee and the master plan, I'll let Francisco talk about it, but -- okay, go ahead.

Mr. Garcia: So I will say briefly that we see the two as integrally related to one another; the reason being, in very sort of concise terms, the very first step towards adopting an impact fee program for this purpose is to establish a baseline; so to do a citywide survey of what our facilities are, and the status of our network for road and also for transit. We have transit programs, and we have a road network, so we establish a baseline. We basically then set forth goals, objectives, and policies regarding what our aims are as to how do we want to improve one and the other; the road network, as well as the transit systems. And then once those goals, objectives, and policies are established, we then need to ensure compliance with the Florida Impact Fee Act, it's called, and then launch that impact fee program, should, one, we be -- desire. But that's basically the scope. I would suggest that the two of them are actually rather integrally tied to one another.

Commissioner Gort: My question is, this has to meet with the State regulations?

Mr. Garcia: Absolutely.

Commissioner Gort: Okay; which is important. Okay.

Mr. Garcia: Absolutely. So there are guidelines to accomplish that, Commissioner, yes.

Vice Chair Russell: I just wanted to make sure we're not asking for something so vague that it's forcing it to get -- the can to get kicked down the road.

Mr. Garcia: And to give the Commission further assurance, should it be needed, there are certainly comparable programs in other municipalities in Florida that we --

Commissioner Suarez: Right.

Mayor Regalado: -- can model ourselves after, also.

Commissioner Suarez: And I would say, also, through our procurement process that we open it

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up, so that the bidding teams can make commentary on what may or may not be in the proposal that needs to be in the proposal.

Commissioner Carollo: Absolutely. And by the way, Commissioner Russell, I mean, I appreciate it. We've been at this since September of last year, so, it's been some time, yeah, yeah, yeah.

Vice Chair Russell: No, I --

Commissioner Carollo: After the meeting, I'll show you.

Vice Chair Russell: But I sympathize with the Manager, and that's why I want -- I feel the -- not the resistance -- but the --

Commissioner Carollo: I got it.

Vice Chair Russell: -- he's having trouble grabbing what we're looking for, and I want to give, you know, give him exactly what we're looking for.

Commissioner Carollo: And I -- and again, I appreciate it. I just want to make sure this moves forward, so I appreciate it. I think it's much needed, and what I'm saying is, in the meantime, more buildings are going up, you know. It's causing more of a traffic issue, and I think we need to have a traffic impact in order to, you know, properly remedy -- at least try to remedy some of those issues.

Vice Chair Russell: Thank you.

Chair Hardemon: Any further discussion? Seeing none.

DI.2 DISCUSSION ITEM 16-00053 District 4- STATUS REPORT ON THE EXPANSION OF THE TROLLEY PROGRAM. Commissioner Francis Suarez 16-00053 E-Mail - Discussion Item.pdf 16-00053-Submittal-Jeovanny Rodriguez-New Trolley Routes.pdf DISCUSSED

Note for the Record: Please see item D4.1 for minutes relating to item DI.2.

Chair Hardemon: DI.2.

Commissioner Suarez: Thank you, Mr. Chair. DI.2 is related to an issue that we brought up at the last Commission meeting, and basically was a request by the Administration to give us an update on the expansion of the trolley program. This Commission several months ago voted to prioritize three transit trolley lines that were going to come on line -- Coconut Grove, Wynwood, and 8th Street, Flagler -- and I just simply -- you know, sometimes you got to bring these things up, because there's a sense that maybe there's a lack of momentum, and I just want to get an update from the Administration. I feel like there is a way to get these lines started, ASAP (as soon as possible), and I think that is what we need to deliver to our residents, because that's what they expect, and that's what we've said that we're going to do. So I wanted our CIP (Capital Improvements Program) director -- go ahead, Mr. Manager.

Daniel J. Alfonso (City Manager): Commissioner, as we said in our briefings, we have contacted the company that provides the trolley services, and they have agreed to start the

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service on March 1, but it will not be with our regular trolley-type buses; it will be with a different type of bus until we can bring in the regular trolleys.

Commissioner Suarez: And to be clear, we're going to mix those --

Mr. Alfonso: Yes, we will mix it --

Commissioner Suarez: -- type of buses between routes, so that all routes will have a certain amount; and they'll also be wrapped to look similar to the ones that we currently have?

Mr. Alfonso: That is correct.

Commissioner Suarez: So it's kind of a little bit of a Band-Aid solution, but at least we'll get operationally going in -- by March 1.

Mr. Alfonso: That is correct.

Commissioner Suarez: And I'll be bringing at the next meeting a representative from another city to talk about how we can connect. I think there's at least three different connections that we can have to the Ponce trolley, which is the ones that I just mentioned. So I just want to thank you. I want to thank your office for, you know, for moving on this.

Mr. Alfonso: Thank you, Commissioner.

Commissioner Carollo: Mr. Chair.

Vice Chair Russell: Yes, Commissioner Carollo.

Commissioner Carollo: Thank you. I'd like to add to that, I think doing this route with the new, I guess, buses, or this temporary trolley fixes the issue that we had, where -- was it going to be starting in three months, or maybe --

Commissioner Suarez: Yeah.

Commissioner Carollo: -- six or eight months? And I think that was the issue.

Commissioner Suarez: Definitely.

Commissioner Carollo: I do want to bring something up. I haven't had a chance to discuss with you all and -- you know, and also, made me remember when the Chair mentioned with regards to night life that he wants to start in his district, and more and more, Calle Ocho is having night life, so I want to make sure that the trolley runs through -- at least through the night; 11 p.m. or so. Can you verify what are the times that the trolleys' going to be working, especially the 8th Street one?

Vice Chair Russell: Any further discussion?

Commissioner Carollo: I'm waiting for the Administration to give me --

Mr. Alfonso: The Little Havana route, Commissioner, Monday through Saturday, the way it was voted on and approved was from -- it's from 6:30 a.m. to 7:30 p.m.

Commissioner Carollo: 6:30 a.m. to 7:30 p.m.? I don't remember voting on times.

Commissioner Suarez: Mr. Chair, may I --

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Commissioner Carollo: I don't remember --

Commissioner Suarez: -- colloquy with my colleague? I don't remember voting on times, either.

Commissioner Carollo: Yeah.

Commissioner Suarez: And I would say -- I have a discussion item on 4.1, which talks about the time of the Coral Way trolley, and I've been getting a lot of emails from residents of mine that want it extended to 11, so I would be okay with a directive to the Administration that both the Coral Way route and the 8th Street route be extended to 11.

Mr. Alfonso: Well -- excuse me. There is an item to discuss the extension to 11; there's a discussion item.

Commissioner Suarez: Yeah.

Mr. Alfonso: We were asked to look at that, and it looks like the cost of that is going to be approximately $295,000.

Commissioner Suarez: Right.

Mr. Alfonso: So we'll make sure that if that's -- that has to come back then as a resolution to approve, because this is a discussion item.

Commissioner Suarez: That's fine.

Mr. Alfonso: And if that's, you know, the will of the Commission, we'll bring it back as a resolution. In terms of the time, we can change the time, modify the time in the contract. And one of the things that I want to talk about is we're looking at the ridership --

Commissioner Suarez: Right.

Mr. Alfonso: -- and how it works out. Right now, our headways are the same all day long.

Commissioner Suarez: Right.

Mr. Alfonso: But there are certain times of the day when you have peak service, and there are certain times when you don't.

Commissioner Suarez: Of course.

Mr. Alfonso: So we can vary the service at different hours and save some cost by not necessarily having them with the equal frequency during the non-peak times, and that allows us to extend the service into other hours --

Commissioner Suarez: And to just build on that --

Mr. Alfonso: -- we'll do it if possible.

Commissioner Suarez: -- point, Mr. Chair, if I may?

Vice Chair Russell: Of course.

Commissioner Suarez: To build on that point, the day of Viernes Culturales on 8th Street, you

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can have, you know, less headways, but greater service, because you know there's a tremendous volume of people that are going to be utilizing it on 8th Street. And similarly, based on the data -- I've always said, you know, I'm willing to look at the data objectively, and make decisions on the basis of the data. So even though I'm pushing for an expansion, because I've gotten emails on it, if you come back to me six months later and say, "Look, Commissioner, that" -- "those emails you're getting, those are the only people that are riding it," you know, which is always a possibility, you know. I have to be realistic and fair, because this is a citywide program, so, you know, I certainly am not absent to that.

Vice Chair Russell: Commissioner Gort.

Commissioner Gort: The -- I think the -- all that we discussed seems very good; but also, we need to understand what's the operation expenses to be able to continue --

Commissioner Suarez: Of course.

Commissioner Gort: -- which is very important. If you all recall, even before all these routes came up, I was talking about the routes on Northwest 7th Street, and the original, when we began, it was the Biscayne Boulevard, Overtown, and Allapattah; then, we expanded to the stadium; and then, we expanded the recent -- the Coral Way. We were able to connect the north side all the way through Coral Way and downtown Miami. I'd like to see a -- to look into -- and the reason I asked for some kind of a plan is because you need to link all of these routes that we're putting together. I think it'd be very effective, very important. Now, if you all recall -- though you were probably not here -- but I went to a lot of the meetings when they were creating the Metrorail, and the success of Metrorail was going to be two things: One, that it was going to be able to build homes within that station; and number two, the feeding system there -- were never existed; that's why a lot of people do not use public transportation of the Metrorail, because the system, the feeding system was not there. That's what I -- when I asked for the MPO (Metropolitan Planning Organization) to look at all these facilities and how they connect, and how we can utilize the existing facilities to connect people to public transportation, and that's the only reason I asked, but I think it's very important that we look at the operation expenses. Like, right now, we going to expand it to 11 o'clock. That's $250,000. We want to make sure when we start something that we can maintain it.

Vice Chair Russell: I have a question for management and a suggestion, possibly. When we were talking about approving certain trolleys, it would take a few months before they were built and delivered, and each one is approximately $250,000; is that correct?

Commissioner Suarez: I heard bigger numbers.

Mr. Alfonso: They are $200,000 for a trolley.

Vice Chair Russell: So I overheard -- and I can't remember who from staff mentioned it -- but during that wait time, while we're waiting for them to be built and delivered that there might be some temporary -- almost mini-trolleys that could be offered and wrapped, which were some sort of bus, or smaller version of a temporary trolley during that time.

Commissioner Carollo: That's what we're using.

Mr. Alfonso: Well, that's what we're doing.

Commissioner Carollo: (INAUDIBLE).

Mr. Alfonso: We're starting on March 1; not with the trolleys, but with --

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Vice Chair Russell: Right.

Mr. Alfonso: -- some cut-away vans is basically what they are. Like the -- like we go to the rental car company at the airport, and they have those large shuttle vans.

Vice Chair Russell: Yeah.

Commissioner Suarez: Trolley Nights.

Mr. Alfonso: This is what we're using.

Commissioner Suarez: Mini-trolleys, mini-trolleys.

Commissioner Carollo: Mr. Manager, and you're going to integrate that throughout the City, right?

Mr. Alfonso: Yes.

Commissioner Carollo: Throughout all the routes?

Mr. Alfonso: Right. We need about 10 buses to run this route, so instead of putting all 10 cutaways on the one route --

Commissioner Carollo: Right.

Mr. Alfonso: -- we're going to spread them around to different routes, so they're not all on the same one.

Vice Chair Russell: But that's not temporary; that's meant to be the bus used --

Mr. Alfonso: That's temporary.

Vice Chair Russell: Okay. So I guess -- that was what I was getting toward. Are those cutaways, or those mini-trolleys are they worthy of being a trolley at a lesser cost in the long term in certain points; not necessarily for the longer route, but maybe if you want a mini-loop somewhere, or something that's more -- are these an efficient alternative to the full $200,000 trolley that we can integrate into the system, as well; or are they not?

Mr. Alfonso: The whole issue of the trolley was the feel and look of the trolley, itself; so, I mean, that's up to the Commission.

Vice Chair Russell: Commissioner.

Commissioner Suarez: Yeah. No, I think your point is well taken. I think your point is -- you know, and it's funny, because I'm coming -- I think we already approved the pock -- the -- not pocket item, I'm sorry. We already approved the -- I'm losing my train of thought here.

Vice Chair Russell: Getting late --

Commissioner Suarez: No, go ahead; go ahead, Commissioner. I lost my train of thought.

Commissioner Carollo: If I may --

Vice Chair Russell: I thought I was rushing you. I'm saying it's getting late; we're forgetting what we're saying.

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Commissioner Suarez: No, no, I -- the -- it's all right. Go ahead. I'll remember it.

Vice Chair Russell: Commissioner Carollo.

Commissioner Suarez: It is getting late.

Commissioner Carollo: All I'm saying, this is the perfect opportunity to see -- test what your theory is; that maybe we could use these new --

Mr. Alfonso: I want to also point out, you know, in the contract that we have with Transportation America, these cutaways are actually -- 40? -- $45 an hour versus our regular rate for the trolleys, which is --

Commissioner Suarez: Lower, yeah.

Mr. Alfonso: -- $36 an hour.

Commissioner Suarez: Cheaper, yeah.

Mr. Alfonso: So what we're doing is on a temporary basis. It is more expensive than our regular trolleys. And then, of course, beyond that, whenever we do renew that contract, we know that's going to be --

Commissioner Suarez: It's going to be increased.

Mr. Alfonso: -- more expensive all together, but --

Commissioner Suarez: And it holds less people, correct?

Commissioner Gort: Of course.

Mr. Alfonso: And it holds less people, that's correct.

Commissioner Suarez: So, yeah. So I think what you're saying is, even though there's an adjustment that needs to be made because of the trolley contract, so the trolley contract will go up, this one is actually more expensive, even though it's sort of not as nice as the one that we actually have in operation. I think the ones we have in operation, too, we got a lot of them from a grant, if I'm not mistaken.

Mr. Alfonso: We purchased the initial batch with Federal grant money, yes.

Commissioner Suarez: Right. So a lot of them, we didn't actually pay for them ourselves, but, look, I think they're working, you know, and I think that's a big -- I mean, everywhere we go, everyone really gives us kudos for putting a product on the market, if you will, that's transporting 360,000 riders a month, and will hopefully, you know, will hopefully be one that doubles in size, you know, over the next few months.

Vice Chair Russell: If -- in my opinion, if the aesthetic is important to us, though, that it looks like a classic trolley, I'm not crazy about full body wraps for advertising --

Commissioner Suarez: That makes two of us.

Vice Chair Russell: -- on the trolleys.

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Commissioner Suarez: That makes two of us.

Vice Chair Russell: You know, panels, I think can sell advertising, but I've seen the trolleys that have our colors on them, the City colors, but then they have a full wrap of advertising --

Commissioner Suarez: Yeah.

Vice Chair Russell: -- I'm not crazy about that.

Commissioner Suarez: I'm not crazy about that, either.

Vice Chair Russell: I know we got to raise funds, but, you know, I think we can charge just as much and give them a smaller panel.

Commissioner Suarez: I'm with you on that one.

Vice Chair Russell: Sorry, Chair.

Chair Hardemon: Is that all the discussion?

Commissioner Suarez: We're ready for you, bro'.

DI.3 DISCUSSION ITEM 16-00054 District 3- DISCUSSION REGARDING ART IN PUBLIC PLACES. Commissioner Frank Carollo 16-00054 Email - Discussion Item.pdf

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Note for the Record: Item DI.3 was continued to the February 25, 2016, Planning and Zoning Commission Meeting.

END OF DISCUSSION ITEMS

PART B: PLANNING AND ZONING ITEMS

Chair Hardemon: We will now begin the Planning & Zoning items. The City Attorney will state the procedures to be followed during this portion of the meeting.

Victoria Méndez (City Attorney): Thank you, Chairman. We will now begin the Planning & Zoning items. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Code. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees the staff recommendation and no one from the public wishes to speak for or against the item, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee.

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Staff will be allowed to make any recommendations they may have, and the public may speak as stated before. The order of presentation shall be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes each, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as a part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you.

Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, any of today's Planning & 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 Hardemon: You're welcome. As you're all aware, we can't start official business of this Commission until we have a quorum; quorum is three members. However, what we can do is start to at least state the intentions of the Administration and any of the different applicants of what items we would like to be continued from the PZ agenda. I know from earlier, we had noticed that there would be a deferral on PZ.20 and PZ.22, so those are the two that I'm aware of right now. However, there was a PZ.19 that there was some discussion about. Is PZ.19 another one of those items that we will be deferring? That is -- I'm getting a “yes” for the record, so PZ.19 will be something we'll also be adding to the -- to -- we're asking for a motion for deferral for. Is there any other agenda number? Okay, can you tell me now, please?

Francisco Garcia: Absolutely, sir. And I will introduce myself briefly. My name is Francisco Garcia, Planning & Zoning director. And I'll read for the record the items we believe are going to be the subject of continuances today. They are, as you mentioned, PZ.22, PZ.20, PZ.19, and additionally, PZs.16 and 17, and PZ.15. I believe all of those items are requested to be continued; and I know that the applicants, to the extent that there are any private applicants who are involved, are in support of these continuances. If you'd like, sir, and if we have additional time, what I'm happy to do is make specific reference as to which of those items pertain to which properties.

Chair Hardemon: You can do that.

Mr. Garcia: Happy to do so, sir. Item PZ.15, for those of you who may be here regarding this item, item PZ.15 involves a rezoning application for a property located at approximately 3701 and 3737 Biscayne Boulevard, and that would be -- would have been today before the City Commission on first reading, which means that there will be an additional reading after that. Items PZ.16 and 17 are land use and zoning changes pertaining to 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue. These items, which are on Day Avenue in Western Coconut Grove, as it abuts the City of Coral Gables, would have also been heard by the City Commission on first reading today; instead, we are asking that they be continued until March 24. In addition to that, item PZ.19 --

Chair Hardemon: For the record, we have quorum. For what items was it that you wanted to go from the March -- let's say those dates, for instance. Let's bring everyone to where we are today. What I've been doing is just getting the information -- and he's going to step out; we're going to lose quorum. So what we're about to do is for the -- for instance, for the 19th, 20th, 22nd -- I'm sorry. Items 19, 20, 22, 16, 17, and 15, can you state the days in which -- or the meeting in

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which you want to continue them to?

Mr. Garcia: Yes, sir, and they are different dates actually for some of those, so I'm happy to read those into the record as well. PZ.15 would be to April 28.

Chair Hardemon: April what?

Mr. Garcia: 28, which is the Planning & Zoning meeting of the month of April. Items PZ.16 and 17 are for March 24, the Planning & Zoning hearing in the month of March. Item PZ.19 would be to February 25; item PZ.20 to February 25, both on the Planning & Zoning hearing in the month of February; and item PZ.22 would be to March 24, the Planning & Zoning hearing in the month of March.

Chair Hardemon: Thank you very much.

Mr. Garcia: Thank you, sir.

Commissioner Gort: Mr. Chairman.

Chair Hardemon: We have quorum.

Commissioner Gort: I'd like to recognize a visitors. Commissioner Mike Grieco from the City of Miami Beach is with us.

Chair Hardemon: I see him here. I know -- you wanted to speak on items -- well, agenda items 1, 2, 3, and 4, so those will be the first ones that we handle, and I'll allow you to take the floor first, okay?

Commissioner Suarez: Are we going to --

Chair Hardemon: Good.

Commissioner Suarez: -- announce the deferrals?

Chair Hardemon: That's what we're about to do now. So, Chairman would entertain a motion to continue -- and I'll tell you -- the Administration has named those agenda items that we want to continue or defer: Item PZ.19 to February 25; item PZ.20 to February 25; item PZ.22 to March 24; item PZ.16 and PZ.17 to March 24; and item PZ.15 to April 28. Is there a motion to continue those items?

Commissioner Gort: Move it.

Vice Chair Russell: Second.

Chair Hardemon: It's been properly moved by Commissioner Gort; seconded by Vice Chairman Russell to continue those items as stated. Is there any unreadiness? Hearing none, all in favor, say “aye.”

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

PZ.1 ORDINANCE Second Reading 15-00672lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH

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ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 5.31 ± ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES", AS DEPICTED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00672lu 01-28-16 CC SR Fact Sheet.pdf 15-00672lu Analysis, Maps & PZAB Reso.pdf 15-00672lu Legislation (v2).pdf 15-00672lu Exhibit.pdf 15-00672lu-Submittal-Carlos Gimenez-Agreements Comparison.pdf 15-00672lu-Submittal-Com. Russell-Construction Waiver Chalks Airlines, Inc..pdf 15-00672lu-Submittal-Chalk's Airline Inc-Presentation Watson Island Seaplane Base.pdf 15-00672lu-Submittal-Paul Dudley-Original and Proposed Heliport.pdf 15-00672lu-Submittal-Paul Dudley-Watson Island Heliport.pdf

LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Ken Russell - District 2]

APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File IDs 15-00672zc and 15-00672lu1. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 6-3.

PURPOSE: This will change the land use designation for the above property from "Public Parks and Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities".

Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo

13588

Chair Hardemon: Calling now PZ.1. Mr. Grieco, can you please come forward? And what I'd to -- I would like for the Clerk to know is that we're going to open the public hearing for items PZ.1, 2, 3 -- can we only do 1 and 2? Okay, PZ.1 and 2 at this time; so, if you want to speak on items PZ.1 and 2, this is the public hearing to do it. You're recognized, Commissioner.

Commissioner Michael Grieco: Thank you, Mr. Chairman. And I see a lot of friends here; and Madam City Attorney and I go back about 20 years, so it's great to be in front of all of you, which I know in different capacities, both personal and professionally, so thank you for letting me speak. My name is Michael Grieco. I am the Commissioner for the City of Miami Beach,

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and I'm here today to speak on this and, in the future, any items as they relate to Watson Island. I'm here on behalf of my 89,000 Miami Beach residents, but I'm also here to speak on behalf of the tens of thousands of people, some Miami Beach residents that commute to the City of Miami, like myself, where my office is, as well as the City of Miami residents that commute to the City of Miami Beach every day. I've sat back and watched what's gone on with Watson Island and the potential development of Watson Island over the last probably 15 years since the vote back in 2001, and I can say that the -- what is now being presented and what has been presented over the last couple of years when it comes to any development on Watson Island looks nothing like what was submitted back in 2001 to your voters, and I want us all to start thinking more like neighbors. I'm here to present myself humbly as your neighbor to the east and as a representative of my constituents; and ask you that moving forward on any Watson Island items, you think of things more globally; and not just about the City of Miami, but about the region of South Florida. And I've had these private conversations with four out of the five of you, and as recently as last night with Commissioner Suarez. You know, our cities are not as different as you may think. You guys butt heads with some of your neighbors, but, you know, the difference between the two of us is not as great as you might think. Our poverty level is only about 6 percent different than yours. Our makeup, when it comes to race, age, gender, are about the same, and we need your help as well. You guys control our driveway; 395 is our driveway. And this project, if it gets out of hand, if it's not looked at -- any of these projects, not just the seaplane project, but the Flagstone project as well. If they are not looked at with fresh eyes -- we all inherited what's going on on Watson Island, or what may happen on Watson Island; and I just ask that moving forward, that you scrutinize these projects and these presentations as neighbors and as friends moving forward, because until we start addressing mass transit connecting our two cities -- and I look forward to using my senior discount the day that bay link ever happens, but until then, I ask that you think about the traffic that's generated by our city, by your city, and the region in general that is growing exponentially, and our city is not. We've been at 80,000 -- 89,000 people for about five years now. We don't -- our population hasn't been going up, but we're a big attraction. We have a lot of employees. I mean, you have a lot of employees. And I just ask humbly as your neighbor, as your colleague, as your friend that you look at these things in a more global manner, and I thank you for your time.

Chair Hardemon: Thank you very much. We appreciate you coming.

Commissioner Suarez: Can I just let the record reflect that I'm better dressed than he is today, just want to state that for the record.

Chair Hardemon: The floor is open for public hearing. The public hearing is for items PZ.1 and PZ.2, so if you want to speak on those items, please come and be recognized.

Commissioner Carollo: Mr. Chairman, I have to do a Jennings disclosure. I would like to do a Jennings disclosure in the abundance of caution, and I'm not even sure if I really need to or not, but just in an abundance of caution, I want to make a Jennings disclosure that I had contact with Carlos Gimenez, Jr. and Freddy Balsera regarding the information; and the gist of our conversation, our contact was the information that was requested at the last Commission meeting; it came yesterday at some time or the day before yesterday, less than 24 hours, so that was the gist of the conversation, and having the time to review it and so forth.

Chair Hardemon: Thank you very much.

Vice Chair Russell: I have the same.

Chair Hardemon: Okay. Make the record reflect that Commissioner Ken Russell also has the same Jennings disclosure. You're recognized, sir.

Peter Ehrlich: Mr. Chairman, Commissioners, my name is Peter Ehrlich. My address is 720

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Northeast 69th Street, and I'm speaking on PZ.1, PZ.2, and respectfully asking for a deferral. We've heard a lot of information and partial information on some of these issues, and projects that are being proposed for Watson Island. We haven't seen full presentations. We'd like to see the full presentations before you deliberate and before you vote. I'd also like to say that it's very nice to see Commissioner Michael Grieco here traveling over from Miami Beach. He does have 89 -- 90,000 residents of Miami Beach, but I think, as we all know, they have often 300,000 people visiting their island on busy days, and the 41st Street Causeway and 5th Street Causeway are incredibly crowded. So, hopefully, as he suggested, you'll look at these issues globally; and hopefully, there won't be any vote today, and we'll all be able to see the presentations in full. Thank you very much.

Chair Hardemon: Thank you very much. Any other persons on PZ.1 and 2? You're recognized, sir.

Nathan Kurland: Thank you very much. Nathan Kurland, 3132 Day Avenue. It's been said that it's no use being on the right track if you're going in the wrong direction. Mr. Ehrlich, thank you very much. I serve as a member of the MSEA (Miami Sports & Exhibition Authority) Board sometimes proudly, sometimes not so proudly. I -- as a member of the MSEA Board, I have not yet even seen this project. I would like to reiterate Mr. Ehrlich's recommendation that you defer this matter today. Thank you very much.

Chair Hardemon: Thank you very much. Any other persons?

Commissioner Suarez: Mr. Chair, I'd like to make a somewhat --

Chair Hardemon: Seeing none, I'll close the public hearing at this time.

Commissioner Suarez: -- similar Jennings disclosure. I spoke with Freddy Balsera last night briefly on this item.

Chair Hardemon: Thank you very much. I want to recognize the parties in PZ.1 and 2. The applicant is the City, correct?

Francisco Garcia (Director, Planning & Zoning): Yes, sir, that's correct.

Chair Hardemon: Okay. And is there an attorney that represents someone that is opposed to the City's position? No? I just want to -- just being very clear. Because at this point, I know that there are some people who are advocates for the position and -- but I want it to be clear that the applicant is the City, right? There's no co-applicant.

Mr. Garcia: That is correct.

Chair Hardemon: Correct?

Mr. Garcia: Yes.

Chair Hardemon: So this would -- the perfect time for any comments from any person who was for or against PZ.1 and 2 would have been during the public hearing time. We want to move our agenda forward, and so I want to keep from having discussions for giving time to those who are not applicants at this time. So at this point, then, it's comments from the dais. So any discussion from the Commissioners or any motions?

Vice Chair Russell: Yes, I'd like to move with discussion and an amendment, actually.

Commissioner Suarez: Second.

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Chair Hardemon: Say again. What was the motion?

Vice Chair Russell: Well, I'm moving with discussion, and I'm going to offer an amendment.

Chair Hardemon: Been properly moved and second to pass agenda item PZ.1. Discussion. You're recognized.

Vice Chair Russell: Yes. We've been dealing with this for a few meetings now, and obviously, Chalk's has been dealing with this for years. And as in my Jennings disclosure, I have discussed this with Mr. Vega, as well as his attorneys; with folks from the Coalition Against Causeway Chaos; and as well as Commissioner Grieco, who visited yesterday and today; very nice of him. It may seem that I'm the one who has been actually slowing down this process, but for me, it is so important that before we move forward on a zoning issue on such an important piece of land that the public does have the opportunity to see what we are contemplating here, and this should be noted. This is not a -- an approval of plans that we're asking to do, nor is this -- are we asking to see the final plans, per se. But with so many peripheral things that are going on on Watson Island, I -- I've asked for your indulgence and your patience as we go through this, because this has not simply been focusing on your issue alone. We're dealing with a lot of peripheral items here. And at the very least, and I hope by the end of today, we'll have made sure that the public is able to see and really contemplate what we're dealing with here; and we can as well, before we make a decision. And so, I'm going to ask the Chair if Chalk's would be able to present, in whatever capacity they wish, a brief of their discussion -- of their proposal of what they'd like to do on this parcel that we're intending to rezone.

Chair Hardemon: I will oblige the district Commissioner in his request. And for the record, if those are wondering why the applicant, which is the City, has not made a presentation, they made a presentation at the previous meeting, so all of the facts that were presented at that meeting will be adopted at this proceeding moving forward. Yeah, ready to go.

Marin Kim: While we wait for technology, I'll just start. Marin Kim with Chalk's Airline, 1000 MacArthur Causeway, Miami, Florida 33132. We just sent around copies, and we'll put up boards here. But at the last Commission meeting, we were requested to prepare a visual document or any additional information to better convey the spirit and vision of our project, and we wish to share with you that today. Just before I start that, I just want to make a clarification to Mr. Nathan Kurland and his comment. Contractually, according to our lease agreement with MSEA, we have six months after there's a zoning change to present the project to the MSEA Board, so just want to make that clarification clear for the records. We also want -- as we said before, we -- this is -- we're showing preliminary concepts based on ideas that have been generated internally by the team. We are not architects, but we have asked our architect of record, Wolfberg Alvarez, to focus on the layout aspect of the project rather than on the design itself. And with the information that we will share with you today, you will see sort of the driving force behind the structural elements of the project, but please keep in mind that the design is still a work in progress and will most likely change. Just like cars are rectangular, planes are more of a triangular shape, and the most efficient way to optimize and maximize space for the triangle shape is via circle. The reason for that is that the more space we can dedicate to accommodate home-base services and hurricane-proof hangars for seaplanes, the better. Currently, seaplanes scarcely use our seaplane base as their home base; and all of them will flee as soon as a hurricane warning is posted, due to the lack of infrastructure and hurricane-proof facilities and hangars onsite. As the Miami Seaplane Base, we would like to house as many seaplanes as possible, which will allow our operators to reduce their operating costs for fuel, and at the same time, allow us to play the crucial role that we deem is expected of us in case of hurricanes or other natural disasters. Just a few months ago, Tropic Ocean Airways voluntarily assisted the Bahamian authorities with one of our co-owned seaplanes in the middle of Hurricane Joaquin, delivering over 15,000 tons of food to residents in the Bahamas. We would like to be proud to be

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prepared to provide such assistance to our close neighbors, including Miami Beach. If, for some reason or another, the island becomes isolated, the seaplane is a resource that allows us to reach communities in need in times of stress. With that said, I would like to show -- first show you the current state of the property, and why your action on this matter is greatly and immediately needed. As you will see -- as we've mentioned before, right now we have two decrepit trailers onsite, and this is what tourists who come to Miami Beach see when -- or to Miami or Miami Beach see when they first arrive at the seaplane base. The -- what we're about to show you next is our just our vision for a new tomorrow for the Miami Seaplane Base. On the western portion of the property --

Commissioner Gort: Excuse me. Mr. Chairman.

Chair Hardemon: You're recognized.

Commissioner Gort: Can I ask you -- we have that in here; we can see it ourself. Can you turn it around so that --?

Ms. Kim: Sure, and it's already on the screens as well, so --

Commissioner Gort: Okay, fine.

Ms. Kim: Okay.

Commissioner Gort: Ma'am, I saw the screen, okay.

Ms. Kim: Okay, we won't put the boards up.

Chair Hardemon: We don't need those.

Ms. Kim: Okay.

Vice Chair Russell: We're high tech.

Ms. Kim: On the western portion of the property, we have an open coverage circular structure with passenger drop-off areas and various waiting areas, outdoors, indoors, and a restaurant should passengers wish to grab a bite before they leave or while they wait. Please note that seaplanes are more restrictive to weather conditions, and this layout contemplates the possibility of allowing passengers to board safely in any kind of weather, rain or shine, or in the case of Miami's sweltering heat. The main terminal is connected to the airline check-in areas, as well Immigration and Customs for international arrivals and departures. This plan of vision that Homeland Security will be open to spreading their facilities out over two levels, but in the event they don't, then we would have to enlarge their footprint on this level, which would impact the size of the service hangar that we have envisioned. For historic purposes, we would like to preserve and refurbish the current Chalk's building that is onsite now, and we'll most likely designate that as a pilot lounge with access to all relevant data, such as weather forecast, flight services, et cetera. Above this main floor we have second story where operations, CBP and operators, or third-party lessees may use as office or commercial space. At that -- on top of that space, we have an exhibition garden level, which will be an open landscape space with views of the Miami skyline. We hope that we can also utilize this space to share the history of seaplanes in the City of Miami. This would allow the public to enjoy the views in a safe manner that do not jeopardize any of the security measures that are enforced by the aviation and federal agencies on the lower levels. Above that level we have a smaller footprint to accommodate the media rooms, which, if the Commissioners will recall, was something that was requested as part of the MSEA negotiations, taking into consideration that the Miami skyline is a good backdrop for any broadcast news. In fact, the City of Miami has free use of this space when available so that if the

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press conference that you just wanted -- that you just gave wanted to have a better backdrop, this space would be available to you. In addition, we have envisioned a top-of-the-line restaurant on the last floor, as well as an observation deck where people could see the Miami sunset. And again, we are showing you these plans with the caveat that it will not necessarily end up looking like this. The structure is an overall diaphanous and open one; and I know that from the site plans, it's a bit difficult to get a sense of the relative size, and so what we've done on the following pages is to show you an image of what this could look like. So, again, the design, the arches, the lighthouse, those are things that have been designed internally, but this may change, depending on who we use as our final architects for the design. Just by way of comparison, what we've done is we've juxtaposed the initial design vis-a-vis the Majesty of the Seas, so you have a general sense of size relative to what is the more typical view that you get looking towards this, which is the cruise ships; and obviously, we also put in an air bus there in case anybody wants another -- or a second reference. Finally, I just want to show this preliminary description of the elevations. The main level is at 73 feet. And by way of reference, the Children's Museum, our neighbor, is at 57 feet high. And then the upper levels above that are 157 feet, and the cruise ships that dock at the Port of Miami are at least 175 feet or higher. Now, as we have already noted in previous Commissions, the maximum envelope of the commercial terminal of the seaplane base, based on our agreement with MSEA, is 100,000 square feet. We are here showing you the most extreme case, if you want to call it extreme, in that we're showing you the maximum envelope. However, we stand by the letter that we proposed to our district Commissioner that if the City Commission believes there's a risk of overdevelopment on Watson Island, then we will work with this Commission, and of course the MSEA Board, on reducing that footprint. Our goal is to maximize the use of space and be efficient with the space, and do so in a manner that is nationally sound.

Vice Chair Russell: Mr. Chair.

Chair Hardemon: You're recognized.

Vice Chair Russell: Just to clarify, the rendering -- so the rendering you're showing is at the 100,000?

Ms. Kim: Yes.

Vice Chair Russell: Thank you.

Ms. Kim: And I just want to end that, according to the lease agreement, which we will give to the City Clerk for the record, there are specific areas and uses that are contemplated, and the drawings that we have shown you here reflect those parameters. We --

Commissioner Gort: Thank you.

Chair Hardemon: Thank you very much.

Commissioner Gort: I have a question.

Chair Hardemon: Are you through with your presentation?

Ms. Kim: Sorry?

Chair Hardemon: Are you complete with your presentation?

Ms. Kim: Yes, I am.

Chair Hardemon: All right. Commissioner Gort.

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Commissioner Gort: You know, one of the biggest problems that the -- our neighbors in Miami Beach are worrying about is the traffic. Now, I visited that area for a long time; and the new changes that are taking place, the people are going to go into Watson Island, they really go right in -- before you even get to the Miami Beach, you go into Watson Island.

Ms. Kim: Sure.

Commissioner Gort: And coming out, you do the same thing. I think they need to see a traffic study, because they worry about the amount of traffic that will hold the traffic going to Miami Beach and the same thing. But I think the way the State had allocated, I think it's very important that you do a traffic study and show them how you handle that. And whoever's going to develop this got to do the same thing. Now, I personally remember when the seaplane went active. That used to be a very active location. I mean, a lot of people go there just to see the planes; not only to see the ships going out, but seeing the plane going out, so -- and that's something that's been there for a long time. My understanding also is part of this contract is that we were not able to occupy that land because we were in court for the last 20 years, something like that, so this came out of a settlement, which I think it's very important for people to understand that.

Ms. Kim: Yes, thank you for that clarification. Any other questions?

Chair Hardemon: Any further discussion?

Commissioner Carollo: Yes, Mr. Chairman.

Chair Hardemon: You're recognized, sir.

Commissioner Carollo: Thank you, Mr. Chairman. And I guess, to a certain degree, I'm going to be redundant of my last six years, and I'm going to mention some of the things that I have serious issues with; and the first is that some of these waterfront properties, which happen to be some of the most valuable, some of the most precious waterfront properties that the City owns, have never, have never gone to a referendum. The voters have never had a chance to vote on these waterfront properties. Second issue that I have: Some of these agreements haven't even come to City Commission. They have not even gotten City Commission approval. So I see and I understand that there's a company that entered into a contract, and now you're not allowed to perform because of our zoning -- because it's not the correct zoning, so you're not able to perform because you'll be in violation of our zoning. And the way I see it, instead of us, the City Commission, having to reduce our parkland and rezone it, I think that the contract should actually be null and void, and we should start the process all over so that the City Commission will have a chance to review and vote, and that our residents will have a chance to have a voice via a referendum. This is a position that I have been consistent on for the past six years, and again, I'm mentioning it again for the record. So I have serious problems with the way this all has been done. And again, I understand, there's an agreement. So they're saying, "Hey, there's an agreement," but what I'm saying is it's an agreement of two parties. It's been more than a year -- a year and a half since the latest agreement, which never came to City Commission. And what I'm seeing is, yeah, they're not able to perform -- and I'm not an attorney. I'm a CPA (Certified Public Accountant). I'm not an attorney. But they weren't able to perform because the zoning doesn't allow for it. So if the zoning doesn't allow for it, then I think that contract should be null and void, because they can't do what the zoning doesn't allow; and I get it, the remedy on their position is, “Oh, City Commission changed the zoning,” and I'm saying, “No, null and void the contract. Let's start the process all over where there, the City Commission can vote; and, more importantly, our residents, the owners of that valuable” -- “one of the most valuable land that the City owns can also vote.” And so, again, Commissioner, I apologize, but I've been consistent throughout my tenure here as a Commissioner.

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Chair Hardemon: Thank you very much. Any other comments --

Vice Chair Russell: Mr. Chair.

Chair Hardemon: -- from the dais? You're recognized.

Vice Chair Russell: Thank you. I do echo your sentiments on the concerns, especially regarding Watson Island, the referendum issues, and we've brought it up last month, which I believe will also lead to another decision we're making here today. It was supposed to be on the regular agenda, so I was hoping it was going to come before this item, but at the pace we're going, I think it'll be time certain 2 a.m. that we will be dealing with -- I'm kidding -- the actual terms that -- under which MSEA operates, and that's the body that has drafted this contract. And so, through the changes that we hopefully make today, we'll be able to really ensure that the public's voice is heard on any issue that comes before -- with the waterfront property going for sale or lease, and that other issues that are dealt with MSEA come to Commission and then -- and that the makeup is -- of the board is done properly. That being said, what I really wanted to see today is the scope and scale of this project; to let us discuss and judge, you know, regarding the potential of overdevelopment. There was a lot of fear of what this project could be, and here we're seeing it, as we were told, in its worst-case scenario, at its very biggest, and so, you know -- and regarding the parkland, I -- if I studied this correctly, only a portion of this parcel is being rezoned, the actual footprint of where they're doing their work space, along with the heliport. The remaining land within that parcel, the other three-point-something acres, would still be remaining as parkland, and we're also designating what's been functionally a park on Rickenbacker Causeway as an official park now. We went through this last time, whether it's kind of a wash. We're not gaining truly a park here, but I don't feel, in essence, that we're losing a park here either. Chalk's was there since the '20s; and, you know, when this land -- when this lease ever comes to an end or needs to be sold or renegotiated, it will go to referendum. If we're successful in what we're trying to accomplish today with MSEA -- with regard to MSEA, that wouldn't be able to happen. At the very least, what my goal here today was to make sure we had transparency on what we're being asked to change.

Commissioner Carollo: And Mr. Chairman, if I may?

Chair Hardemon: You're recognized.

Commissioner Carollo: The lease with Chalk's -- I know with the helipad, how long it is. The lease with the seaplane, how long is that lease for? And I'm sorry; I received the document -- it was left Tuesday late in my office; and, yesterday, is when I first started reviewing -- How --?

Ms. Kim: Sure. The lease was signed in 2014, and it's valid for 30 years.

Commissioner Carollo: For 30 years, which, again --

Ms. Kim: Or 27 years.

Commissioner Carollo: -- 30 years from now, it could have a referendum, but -- And it's a 30-year with two 10 -- additional 10 year?

Ms. Kim: Yes.

Commissioner Carollo: That's what (UNINTELLIGIBLE). So it could -- in essence, could be 50 years?

Ben Fernandez: And Commissioner, if I may?

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Commissioner Carollo: Um-hum.

Mr. Fernandez: Since 1996, the City Commission approved a revised and amended interlocal agreement between the City of Miami and MSEA, which authorized the seaplane base use. What we're talking about is authorizing a seaplane base “use” on this -- in this zoning district, which isn't allowed today. So the City Commission has ratified, reviewed the potential use of this portion of Watson Island for a seaplane base use; and that's all we're asking for today, is for the authority -- or the ability to be able to pursue that.

Commissioner Carollo: So why do you have to come again and ask for it again?

Mr. Fernandez: Because Miami 21 rezoned the property since this 1996 recognition by the City Commission; that's why.

Commissioner Carollo: Okay. A question to our City Administration, if I may, Mr. Chairman? Mr. Francisco Garcia, can -- the way it is currently zoned, can the seaplane continue to operate the way it's been operating, the way it's currently zoned?

Mr. Garcia: In response to your question, Commissioner Carollo, the use, as it presently exists, is a grandfathered use.

Commissioner Gort: Grandfathered in.

Commissioner Carollo: Right.

Mr. Garcia: And the limitations that come with that pertain to the structures that exist there today.

Commissioner Carollo: So, in essence, the use right now can maintain as-is, but they could continue operating the seaplane? The only reason that they need the zoning change is for them to be able to build additional structure for restaurant, for hangars, whatever it is. And again, excuse me, I got the information -- I started seeing it yesterday, and it's pretty thick. So, technically, they could -- they're grandfathered in. They could continue their seaplane uses, correct?

Mr. Garcia: There are two -- yes, sir. There are two components to my response. Component number one is that the use itself is indeed grandfathered, and what that means is that they can continue to operate. The other restriction -- or the other aspect to your question has to do with the structures that allow for the use to take place, and those two are very restricted in terms of how they can be improved.

Commissioner Carollo: Understood.

Chair Hardemon: Before we move forward, I want to let this be known so the Commission understands exactly where we're going with this. If you're a representative of Chalk's or of the helipad or heliport, we're not going to, I guess, argue -- make arguments. I think we've done that before. However, if there are issues that we need to clarify, you know, that the Commissioner has for you to clarify, or answer a question, that's perfectly fine, but I don't want to get us in a position where we're arguing positions back and forth, because I think we know what your intentions are; we know what you want, and we understand the motion that's on the floor. So there are issues of clarification or questions that the Commissioner need to ask or answered from you, that's when you chip in. Is that fair?

Victoria Méndez (City Attorney): Chairman, I just wanted to clarify that without the change of zoning, though, there is certain square footage that -- and I think that is what Mr. Fernandez was

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going to allude to. The square footage that was described in the presentation and which is also the basis for the rents that come --

Chair Hardemon: Issue a clarification. He has an issue of clarification for something, that's fine.

Ms. Méndez: Okay. Mr. Fernandez, did you want to proceed?

Mr. Fernandez: Well, I was also going to say that the interlocal agreement recognized the seaplane base of a larger size than what is there today and is grandfathered. It is not possible to expand the seaplane base operation beyond what is there today without the rezoning; so it's impossible to comply with the intent of the interlocal agreement, which was to create a modernized and larger seaplane base.

Commissioner Carollo: Mr. Chairman.

Chair Hardemon: You're recognized. Commissioner Carollo: That interlocal agreement, you're saying the one in 1996?

Mr. Fernandez: Yes, sir.

Commissioner Carollo: Or the one in 2014?

Mr. Fernandez: 1996.

Commissioner Carollo: So since 1996 to now, nothing has happened? Miami 21 didn't happen in 1996.

Mr. Fernandez: No.

Ignacio Vega-Penichet: Yes. Can I --

Commissioner Carollo: So --

Mr. Fernandez: It was a lawsuit.

Mr. Vega-Penichet: Can I answer that question, sir?

Commissioner Gort: We were in court for 20 years.

Chair Hardemon: You're recognized. Name and address.

Mr. Vega-Penichet: My -- Ignacio Vega-Penichet, on behalf of Chalk's Airline, 1000 MacArthur Causeway. Chalk's dates back to 1919. It's been there for almost a hundred years already. In 2002, Chalk's entered into an agreement, a lease agreement, and that agreement already contemplated that all the facilities there had to be rebuilt and refurbished. The City had five years to do that, because they had the first preferential right to do it. And in 2002, as soon as that term expired for the City, we started negotiations with the -- not negotiations -- we submitted to the City our plans to rebuild the City -- the seaplane base. At that moment, there were discrepancies. We maintained that we could construct 17,000 square foot, and the City thought that it was only 1,800, or something like that, so immediately we initiated a litigation against the City. And while we were in that litigation that we were submitting our discrepancy to the court -- and one would think that if you have this in court, you're already solved, because whatever the court says is what is -- is what's going to be. While we were discussing that, suddenly, inadvertently, the City designates the Miami Seaplane Base a CS (civic space) under the new

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Miami 21; and suddenly, without waiting to see what the judge had to say, without -- even having recognized before that that we had at least 1,600, suddenly, because of that designation in Miami 21, the Miami Seaplane Base becomes a grandfathered in nonconformance. That means that we cannot do anything. We cannot do absolutely anything; not even the 1,800 that the City before the litigation already admitted and accepted that Chalk's could do. To tell you the short, in 2013, I think it was, February 5, 2013, the judge rule in our favor that we had the right to construct 18,000, but now, that rule by the court suddenly doesn't work. It doesn't work because I'm not -- now I'm not -- I'm grandfathered in, and I'm nonconformance. So what I could have done in 2007 -- the litigation that I started in 2007 that was confirmed by a court in 2013 -- I can't do, because the City made a mistake and they designated us CS. And all we're saying is that we want to be what we had on 2007 when we started the litigation. It was a mistake. The City has recognized that this designation was a mistake, because we were operating during 2010 as a seaplane base. Every day there are four seaplanes taking out -- taking off and landing in that area. And we just wanted to -- we're there, a seaplane base. That's all we need to do. When this litigation -- when we won that litigation, we entered into a settlement agreement; and in that settlement agreement, we agreed to what is written right now today. We -- nobody has disposed of this property. Before Miami owned -- before the State deeded to Miami this property, we were already there. Chalk's was there in 1919, and this property was deeded from the State to the City of Miami in 1949. So it's not that you're saying that you're disposing of land. You're not dis -- with due respect -- I'm sorry -- I'm just telling you what -- how I see the problem from my point of view.

Commissioner Carollo: I understand. You're passionate about it.

Mr. Vega-Penichet: When I hear you say that you are disposing of waterfront property, I say, “No; you're disposing of my property.” This -- we already agreed that this was the solution because -- I don't know if you remember, but in the 1980s, Chalk -- “Poppy” Chalk, they claim title to this property, and they had some reasons, and they had some fundamentals to request that; and because they had so, he entered an agreement with the City of Miami for a 70-year term, and now that doesn't count? Are you telling me that now this doesn't count just because nobody comes here? Sorry. We thought that we were the owners of that property. And maybe because the City of Miami was the owner of the rest, maybe Poppy Chalk said, "You know what? I agree. If you give me a 90-year term, I will renounce this.” Because he had a free -- don't -- he had a free use lease since 1919, so why would he --? Well, I don't want to make this thing -- I just want to tell you that here, we're not disposing of anything; it's my opinion. We have two contracts signed: in 2002 and another one in 2014. And the only problem that we have, really, I thought, because it's -- I'm surprised to hear now that we have a problem with this contract, because this contract has been approved by MSEA. But all I'm saying is this contract was signed, and the only problem that we have is that we have been inadvertently designated as CS under the Miami 21, and it's not our fault; it was the City's fault, or somebody's fault. Maybe nobody did -- it was an omission; I don't care. But if you looking from my point of view -- I'm sorry -- if you looking from my point of view -- and I'm sorry, and I'll finish that. If you -- because this is very important for us. It's our life. It's our -- we have employees there. If you looking from on our side, from Chalk's point of view, we have been, at least inappropriately, deprived of our rights. Suddenly, we were in one place; and suddenly, we're in the other, and we were there. It's not that nobody knew that we were there. We were there. And then -- and so that's how we see it. We're not saying that we're -- I'm sorry, and I finish -- and I really finish. I know that this is --

Chair Hardemon: A Baptist preacher.

Mr. Vega-Penichet: But the thing is that I represent --

Chair Hardemon: No, I can understand why you're -- you know, why you're passionate about this issue. We just wanted to keep in mind that you're here to clarify something. You made some

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great pointers, but try to --

Mr. Vega-Penichet: Let me finish with only one thing, and I promise --

Chair Hardemon: Yes, sir.

Mr. Vega-Penichet: -- 15 seconds. As I mentioned in the last Commission, I am respectfully submitting all the above, which is the designation of CI on behalf of Chalk's, on behalf of Chalk's employees, on behalf of the Miami Seaplane Base, on behalf of the seaplane operators, crew passengers and visitors; but today, I would even go one step further. I would venture to say that I'm also submitting all the above on behalf of our entire community. Since -- regardless of whether they sympathize or not with Chalk's, which I believe they do, I am sure that no one in our entire community would like to have an open park, no matter how beautiful it might prove to be, if such open park came into existence at the cost of Chalk's inappropriate dispossession of rights. And thank you very much.

Chair Hardemon: Thank you very much. Mr. Francisco, the changing of land use and rezoning, that is to be made independent of whatever the project is to be considered, correct?

Mr. Garcia: Yes, sir. And to add clarity to that, perhaps, what I will say very briefly is that an approval of the zoning designation of CI will simply allow for any development of the land to be submitted. It doesn't approve it; it simply allows for the application to be filed for whatever improvements are proposed.

Chair Hardemon: And I say that in extreme caution for the record to know that -- at least as the Chairman and maybe other Commissioners, for you to consider that the application that is yet to be presented that has been discussed extensively on the record regarding Chalk's is not a part of the decision-making process when you're looking to decide the land use and rezoning.

Mr. Garcia: That is exactly correct, sir.

Chair Hardemon: Any other discussion from the dais?

Commissioner Suarez: Mr. Chair.

Chair Hardemon: You're recognized, sir.

Commissioner Suarez: Thank you. So having heard all the different arguments from my colleagues and from members of the audience, to me, several things are clear. The first thing that's clear is, I think we all agree that our Charter requires that waterfront property be subject to disposition by referendum. We also understand that, historically, the Miami Sports & Exhibition Authority was exempt from that requirement; at least that's the legal position that the City had taken. We, as the Vice Chair stated, are actively working. In fact, we have something on our agenda today, which we may or may not hear -- hopefully, we will -- which will remedy that problem, so we're fixing that problem today, and basically, making sure that from this point forward, the integrity of the waterfront referendum provision is not in any way, shape or form infringed upon by what some would consider an artifice. Having said that, something that Commissioner Grieco said that I actually agree with is many of these decisions, if not most of these decisions, were made before we arrived. And the decision to create an MOU (Memorandum of Understanding) with MSEA and with Chalk's was done when I think I was in high school, actually, if the dates are correct, and I wasn't thinking about running for office back then; I can guarantee you that. I was playing basketball, as were a couple of my friends in the audience. To me, it's also clear that this entire community wants a seaplane base in the City of Miami. I don't think -- I've never heard anybody complain about a seaplane base or a helicopter pad, for that reason. We had a helicopter pad for many years when my dad was Mayor, and I

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rode in the helicopter a couple times. It made the press a few times. It was fun and interesting times. But it's clear that, as a city, we need to have a helicopter pad. We need to have a seaplane base. You know, I think at the last meeting, one of the big things that we harped on was that the district Commissioner, the Vice Chair, was concerned about the -- what I -- what was termed at the time the “blank check,” you know, of rezoning, and there was -- that's a legitimate concern. And I think he asked the applicant to put together a concept so that he could analyze what it was, in fact, that the applicant was looking for. And to the applicant's credit, he scrambled and put together a concept so that members of the community would not feel as if it was a blank check, in fact. And so, you know, I think that's important to put on the record. You know, I think we have an obligation to act in good faith as a legal entity. We -- you know, we have an obligation to act in good faith when we enter into agreements. We settled this lawsuit at the MSEA level in the hopes that we would be able to, as a city, enjoy the various services that we think Watson Island was, in part, intended to provide, and I think -- you know, while I respect the Commissioner's perspective on the waterfront amendment to the Charter, and I think we're going to fix that problem, I'm not so sure that we can fix it retroactively, and I think that's the concern that I have. And so, I'd like for the City Attorney to chime in on her perspective, because, you know, some of us may be lawyers, some of us may not be lawyers, but we all rely on our legal counsel in terms of legal exposure and advice that we may need to consider.

Ms. Méndez: Thank you, Commissioner. There is several documents that the City has relied on with regard to these transactions, and really, they come down to the interlocals that have been done between the City of Miami and MSEA in 19 -- approximately 1997 and in 2012, and these were our interlocal and revised interlocal that was done between the City and MSEA in order to effectuate an airplane terminal. And in regards to that, there were also amended and restated subleases between MSEA and the Chalk's. In those documents, it clearly states the rights and responsibilities of the parties having to do with rents; what will be, more or less, built with regard to square footage; and what is then, based on the square footage, the rents that shall be paid to MSEA. It also has information with regard to what the City can reasonably withhold or not, and the most important thing is the City should not frustrate any type of process that it has already been contemplated between the parties. And that is really the main thrust of this, is that we understand the Commission's position with regard to certain provisions of the Code and the Charter, but there are certain contracts that were in place before the Commission was here, and those are the things that, unfortunately, now we need to rely on and -- in order to move forward with this project. There could be conditions placed at the time of -- that the project comes forward, and that you have enough time now to see what is proposed and what is brought before you and what your -- what conditions you would like to place in order to alleviate concerns with regard to traffic or size or footprints or things of that nature, but right now we're simply dealing with the rezoning that would allow for those contracts to move forward. As Commissioner Gort has reminded us several times, because he has a very good memory, and has reminded us that there have been several lawsuits that have frustrated this process and left it, you know, at times, not moving forward; the latest of which was from 2007 to 2014 that generated the settlement that allowed for the restated lease that we're working under today. Unfortunately, also, there was the rezoning that came with Miami 21 that changed the zoning at this parcel, and but for that little snafu, this would not be here before you in this posture. So with that said, those are some of the things that I wanted to advise you to put it in perspective with regard to the information and the process that's before you.

Commissioner Carollo: Thank you.

Chair Hardemon: Commissioner Carollo.

Commissioner Carollo: Thank you, Mr. Chairman. Just a few things here. I don't want to belabor the point. And by the way, this is nothing against Chalk's and the seaplane and the helipad and all this. It's just the process has been horrific, in my opinion, and although I wasn't -- I was here for some votes at the City Commission level, I was not privy to what occurred in

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2014. I just got that contract on Tuesday of this week, so a couple days ago, and that was late Tuesday, at 535, 5 o'clock in the afternoon, so I don't know of any attorney -- again, I am not an attorney, but I don't know of any attorney that agrees and, you know, votes in favor or sign something without reading it, and I still haven't even read that contract. And again, I need to point -- I need to make this point. This contract by MSEA and I guess Chalk's was entered in 2014. Miami 21 was passed in 2010. So you mean to tell me that no one from either party saw that you were entering into a contract that, legally, you could not do, because the zoning was not authorizing you to do from both parties? So I -- again, I don't know who the attorneys were on both sides, but again, you're entering in good faith into a contract where, realistically, you cannot perform what that contract stipulates because the zoning doesn't allow for it. So, again, I would think that would render the contract null and void; we should start all over where now we could go by whatever process we think MSEA should do. The City Commission can review it; the City Commission can approve it, disapprove; and most importantly, our residents can, once again, have a voice and via, a referendum, as per our Charter.

Ms. Méndez: And if I may, Commissioner Carollo, you make a very valid point, but in Section 5.8 of the amended and restated sublease for the air terminal facility, it states that the landlord agrees to reasonably --

Commissioner Carollo: Dated? I'm sorry; dated?

Ms. Méndez: I'm sorry? The amended and restated air terminal facility sublease dated July 2014, the 29th day of July 2014. And it says in Section 5.8, “The landlord agrees to reasonably cooperate with any requests by tenant in connection with zoning and land use of the property in order to permit the uses and structures contemplated in the original sublease and this sublease.”

Commissioner Carollo: Okay. And is that a catch-all? Because it's taken, what, a year and a half? So is that a catch-all where, just in case, you know, they -- maybe they have better attorneys, they stuck it in there. So just in case there's any issues with the zoning, we, the City, would then have to come back and” --? And I think that's a fair and valid question.

Carlos Gimenez: Through the Chair, can I respond to the Commissioner's questions? For the record, Carlos Gimenez, at Balsera Communications, 2020 Ponce de Leon Boulevard, Coral Gables. Commissioner, when this issue became -- came before MSEA -- and I believe your -- you sit on the MSEA Board.

Commissioner Carollo: No, sir.

Mr. Gimenez: The -- when I was brought into the project, when I joined Balsera Communications, I reviewed the zoning, and I noticed that there was an issue, and the issue -- and I think we've gone over this several times now -- is that we were zoned -- through the Miami 21 process, we were zoned CS instead of CI, and CS has no ability for us to seek an exception or waiver to become a transit facility. So once I, you know, found this in the Code, I spoke with the City staff, and they agreed, and that's why it's not a catch-all provision. We knew specifically that this was an issue, and this was brought up several times before the MSEA Board, and that's why it was included into this contract.

Chair Hardemon: Thank you very much. Any further discussion from the dais?

Vice Chair Russell: I believe we have a representative of the heliport, if he could speak.

Chair Hardemon: You're recognized, sir.

Dave Dudley: Good afternoon, Commissioners; rapidly approaching evening. I was asked two weeks ago to give you some sort of a plan. I think what we need to understand, or I hope you'll

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understand (UNINTELLIGIBLE) we're different than Chalk's. Our plan was created by the City. Back in 2007 or '8, the City retained Kimley Horn to design the facility. Kimley Horn did design the facility, which is the heliport. That was approved by MSEA to be forwarded to both the FAA (Federal Aviation Administration) and to the DOT (Department of Transportation). Letters were received back. The City Manager actually did the applications, because of the way the process works. And the plan was approved by both the FAA and the DOT. What I've given you today, and I sent one to Commissioner Russell, and I thought it'd be distributed. I'm sorry; I'm not intimately familiar with this process, but I made copies for everybody. What you're looking at is the same plan that has always been proposed. It is actually the plan that the City paid for. We're just building it. We're not the seaplane base. We're a much smaller entity. We've got four helipads; that's it. We're going to have a hangar; that's it. We're going to have a terminal. All these were -- are things that the City put in the plan for us to do, and we're glad to do it. We're not building a very big monstrous edifice. Heliports don't have the type of traffic that you would associate with banquet halls and hotels and restaurants and this sort of thing . We are a much, much smaller impact. If you -- if I can call your attention to the plan, if you look at the page, you see that there's four heliports and a hangar. There's not a lot here. I also happen -- just because Commissioner Suarez talked about his dad and going for a ride on helicopters, there's something that's been kind of missed that's been lost in history. A lot's been missed, because this project has dragged on for so long. I started this in the late '90s, and we've had changeover administrations and board members, and so some institutional knowledge has been lost, and we seem to be revisiting these same issues. We're fighting the same fights again. But if you look at the picture -- this is a historical picture. I marked it up. If you look, you can actually make out the original heliport and the triangle; probably back from when you were talking about with your father. What people don't realize is that this -- our iteration is about the fourth heliport that's on that property. The original heliport, which is shown in this picture -- you can see the triangle -- was actually where we're putting the current heliport; a little variance. The blue box that you see -- the smaller area that is the blue box -- that is going to be the space for the new heliport. The original heliport went all the way up. I couldn't get a picture that took it all the way up -- a good enough picture -- up to where the road is. The heliport that's going in now is actually smaller than the original heliport. It's certainly not taking up any more parkland. As a matter of fact, the plan gives you more. And I would like to humbly point out that I went back to the City back in the late '90s to suggest this whole plan to get the blimp base right sized. I had done it with another airport in New Jersey. I was able to redo the airport and come up with 70 acres to give back to the town. This is the same arrangement. We're rearranging this to give this property back to the City of Miami to do what it wants to do. In this case, it did a development. So the request was to show you what's coming. These are the plans that the City created. These are what we are doing. We're not asking you for anything else. It is a very small project; and it actually, in a historical sense, has less impact than any of the heliport iterations that came before it. Just to touch on the zoning. When this was done, the zoning was in place to allow us to do the things contemplated in the RFP and in the lease. As has been explained to me by the director of Planning, this really was overlooked, and we have a chain of emails from other City people saying the same thing, and we discovered it somewhat like Chalk's explained to eloquently before. When you start looking into it, you start trying to do things, all of a sudden, you bang into this with the Building Department or others. What the zoning change does is allows us to fulfill what we're supposed to do. We have to do fuel, for instance. We can't do it. Yes, we can land helicopters there under the zoning, but I can't do fuel, I can't do hangaring; I can't do many of the things that a tier-one city -- Miami is a tier-one city. Everybody else has a heliport. Miami's one of the few cities that doesn't have -- tier-one city that doesn't have a heliport. Part of having a heliport is being -- have services, have fuel, have a hangar space, have the ability to have a terminal and to operate. What I'm asking is that you simply correct this mistake. This is not going to change the world. This is not going to have any impact on -- the heliport is not going to have any impact on parks. It's having a -- the only impact it's having is a positive one. But I ask that you just understand, as far as the heliport is concerned, we're just asking for a technical correction that will allow us to do what we would have been allowed to do back before the oversight occurred when they did Miami 21. Thank you for your attention.

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Vice Chair Russell: Mr. --

Chair Hardemon: You're recognized.

Vice Chair Russell: Thank you. This is my final comment on the subject. We've come a long way in a few months. In my first meeting, my question was, "Why do we have MSEA?" And we really started a discussion over this, because I recognized at the time that there were problems with it; that even though by the letter of the law, it does -- it is correct. By the loophole that's allowed through the wording in the Charter, MSEA operates under the letter of the law, but in my opinion, it violates the spirit of what the Charter was intending. My goal here has been to bring transparency and to improve the process, and I see us doing that. We're doing that right now. We're fighting to see the plans, even though those plans are not tied to the zoning change. I wasn't satisfied to move forward on this zoning until I got a peak, until the people got a peak, because this was our only chance to stop this process. But now that I have seen it, I've seen the scope and scale -- I don't see any, you know, very high-intensity retail going on here. I don't see massive overdevelopment. I even see an offer to scale that back by half, and we have plans that we're looking at from both the heliport and from the seaplane base. My goal is to fix the process, but not to frustrate a business that operated in good faith under the letter of the law that we had at the time. In my opinion, that letter shouldn't have been the way it is, and that's also what we're fixing here tonight, and we will fix it tonight. We will fix it tonight.

Commissioner Carollo: It has been deferred.

Vice Chair Russell: Our MSEA item's been deferred? We will fix it next week. There went my great speech. But I am -- I'm satisfied that we're on the right track, and I'm satisfied with the zoning change on this piece of land as we're moving here.

Commissioner Gort: Mr. Chairman.

Chair Hardemon: Commissioner Gort, you're recognized.

Commissioner Gort: I understand where Commissioner Carollo's coming from, and I think of some of the major projects that we had with waterfront have gone to the voters, and the voters have voted for it. Right now we need to understand that these people can't operate the seaplane and -- without coming here doing anything. When they came to me -- and by the way, I've been serving on the MSEA, I think, for the last three years -- four years, and I feel very proud of what we done, because I was the original member. When it began, I was not a Commissioner. We were able to bring the Miami Heat, the Grand Prix race in downtown Miami; hockey team; a lot of parades, and a lot of functions that have taken place (UNINTELLIGIBLE) attraction tourism that was the reason why MSEA was created. I feel very proud of that. I don't think we have passed, except for this one here, which is grandfathered in, and they can't operate with the present -- and you can see the pictures here. We can ask them to continue to do this and look this way. I can tell you from my experience, the most visitors that I saw in that place, it was when the planes were flying out and when the helicopters were there, and that's one of the reasons -- and at any one time, we had at least three Commissioners sitting in a MSEA Board. And I agree with you; I think they all should go to the public, but this is a completely different thing. Thank you.

Commissioner Suarez: Mr. Chair. Yeah. I mean, I would agree with the Commission, that it is an eyesore in its current state. I would also agree with the Commissioner that we will fix the MSEA issue. I think the obvious -- the votes are there, if you will, to fix that issue; certainly with those that have expressed their support for it. I think the other issue is that this, you know, in terms of the timeline of how things happened -- you know, Miami 21 going into effect in 2010 -- this was a result of the settlement of a litigation in 2014, and so I think that's important, because you could have pre-rezoned the property before settling the litigation, or zoned the property after

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settling the litigation, but regardless, to settle the litigation, this is -- this was one of the issues; otherwise, we would have just maintained ourselves in litigation, which may or may not have ended by now. We were certainly in it for seven years. I don't know how much longer we would have been in it, and it would have been worse still for the citizens of the City of Miami. So there's a lot of things that have been done wrong on Watson Island, I'm sure, but at this point, we need to move forward, and we need to get things going in the City so we can have a seaplane base that looks nice and that our residents can enjoy, and have a helicopter base that's operational that our residents can enjoy as well, and move on.

Chair Hardemon: Commissioner Carollo.

Commissioner Carollo: Thank you, Mr. Chairman. I'd like to start by saying that something Commissioner Russell said, the Vice Chair. We are in a better track, okay, so much so that that is why, as soon as I saw that there is maybe some difference in opinion, and the appetite was there, I brought forward, as soon as I could, within the five-day rule, an item to discuss MSEA and even the abolishment of MSEA. And from that, we are now -- it got deferred at this meeting, but now we will, as a City Commission as a whole, be able to remedy some of the past issues. So, by the way, you being in this Commission, I could tell you, yes, we're in a much better pass than we were before, and I appreciate it; and thus far, it's been great working with you. At the same time, you mentioned something; that this is the time to fix a problem. I understand going forward, going forward, guess what? There's no more land in Watson Island. It's all leased out. If not, I say the grand majority of it. So MSEA doesn't really -- going to operate much other land to lease. I guess that this lease with Chalk's was for 30 years with two additional 10, because the one with the helipad was for 30 years with two additional 10, and that was done in 2012, which again, no one caught the error there, you know. No one caught the error. So, you know, on two separate occasions, no one's caught the error. And I guess if I was in Mr. Dudley's position, and I wasn't born and raised in the City of Miami, I wasn't City resident, and I wasn't raising my family in the City of Miami, stuff like that, I would be arguing as much as I could, just like you are, because you got one heck of a deal. You got one heck of a deal. I wouldn't even say anything. You got one heck of a deal. So you mentioned it. This is the time to be able to remedy some of the issues of the past. This is the opportunity. If not, yes, listen, I get it. It sounds good. From now on, MSEA won't be able to do what it's done in the past and all this. Sounds great.

Commissioner Gort: Wait.

Commissioner Carollo: But the bottom line is, what other land is there on Watson Island that they could really lease and it's waterfront property, that it's not going to be taken up by all the other entities between Flagstone, between all these other entities? I'm not saying anything bad about these entities. I get it. They're -- they are really, you know, I guess trying to maximize their revenues, you know.

Vice Chair Russell: May I ask the City Attorney a question --

Commissioner Carollo: Sure.

Vice Chair Russell: -- based on what --? I'm sorry, Mr. Chair.

Chair Hardemon: Before we move forward, I want to say one thing. All of this is such a surprise to me, as much as MSEA has been demonized. I've sat on MSEA for two years, and I haven't had an opportunity to see any mal intent by the members of that board.

Commissioner Gort: That's -- I want to go back to that.

Chair Hardemon: If any -- yeah.

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Commissioner Gort: I want to go to that.

Chair Hardemon: Many of the members that are on the board are board members that serve in various capacities throughout the City. Many of them argue -- I'll give you one example. There's a gentleman who's before us today shaking his head up and down, and he argues with us every single day about how beautiful our city must be, and we shouldn't have any visual pollution. Anyone who argues visual pollution, anyone who argues visual pollution, I find it hard-pressed to believe they would participate on a board that would circumvent the Charter intentionally to cause harm to our community. And so, you know, that's how I approach the situation. And so, I haven't been convinced that it was a mistake; that MSEA doesn't have to deal with the Charter restrictions. I haven't been convinced that the Charter loophole that is there, if you will -- if that's the way you want to put it -- doesn't serve a purpose that is necessary for the City of Miami. I haven't been convinced that through -- I haven't had a chance to even review the minutes of when MSEA was created; why you had that loophole; or, for instance, when the Charter revision was put into place, why it was put into place, and what was the sole intention of that provision? I haven't been convinced of any of those things. And I will tell you that I take those things -- Charter amendments are something that are very serious to me, because they -- Charter amendments shouldn't be made because the wind has changed direction, or a number of Commissioners have been removed or gained a seat on this board. Charter revisions are things that I think should be taken very seriously, because they should reflect the long-standing values of an organization, and should give that organization the ability to do things in a way that I think is smart for that organization. So, in this case -- and I'll leave this where it is, because we'll be talking about this at the MSEA -- on the MSEA hearing. The only reason I'm saying this now is because in dealing with this item, MSEA is continuously -- has been continuously pushed into the conversation. So MSEA and its board, and the purpose of MSEA and its reasoning why it does not have to go through a referendum -- a couple referendums -- I mean, there are many reasons why I can probe; why you still should have that ability for them to do just that, but I won't do that today. But I just want to say that I don't want people to walk away from this and just have the belief that there's something going wrong with MSEA, or MSEA is doing something incorrectly by following the law, because that's what MSEA's doing; they're following the letter of the law, and there is no Commissioner here that has participated in any way that is violative of the law in the City of Miami, in the State of Florida, and in Miami-Dade County. I'll allow Commissioner Gort, and then I'll allow --

Commissioner Gort: I promise you --

Chair Hardemon: -- Commissioner -- Vice Chairman to ask a question.

Chair Gort: -- the next meeting, I'm going to bring all the accomplishments that MSEA has done through this year. And I haven't seen MSEA go in to develop any property, waterfront property that I know of; this is the only one, and the only reason this is being done because we were in court for 20-some years. The City of Miami could not touch this property. People could have continue to be operating this today, and that's one of the reasons MSEA was able to get in and was able to help in that, so I'm very proud of what MSEA has done. I understand you want to make some changes, which I think it's fine; I think it's great. I'm always in favor of anybody -- people to vote for it. We've won every one of them, so I don't have any problem with that. I think it's important. But I resent when they tell me that remedies from the past -- because I feel very proud what I've done.

Chair Hardemon: Has any property in the last 10 years been --

Commissioner Gort: No.

Chair Hardemon: -- transferred to MSEA?

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Commissioner Gort: There's none.

Chair Hardemon: Is anyone? I say that because there's a -- to me, there's a two-step process when you're talking about waterfront property, and you're talking about MSEA and their ability to, say, for instance, lease that land. The first thing has to be that there has be a transfer of that property; and to transfer that property, the same individuals that are sitting here have to make that decision to transfer the property; and then from there, the MSEA Board has then to decide what it wants to do. But like I said, we're not here to debate MSEA. I'm not going to allow us to continue moving forward with the MSEA debate, because --

Commissioner Gort: Move forward.

Chair Hardemon: -- clearly, we're on PZ.1, and we have at least 20 items to complete at this hour, so --

Commissioner Carollo: Fair enough, fair enough.

Vice Chair Russell: Just a legal question.

Chair Hardemon: I'll allow the legal question by the Vice Chairman to Madam City Attorney.

Vice Chair Russell: Thank you. To Commissioner Carollo's point, does the agreement that MSEA went into with Chalk's get nullified by the fact that they were entering into an agreement under which the zoning was incorrect?

Ms. Méndez: No, that's not a reason for nullification, especially when it could be corrected. It's just --

Vice Chair Russell: That was --

Commissioner Gort: Can I follow up that question?

Vice Chair Russell: Yes, please.

Commissioner Gort: We passed Miami 21 in 2010?

Ms. Méndez: Yes.

Commissioner Gort: How many amendments have we made up to today?

Mr. Garcia: On an average, three monthly.

Commissioner Gort: Okay, thank you.

Mr. Garcia: On an average, three monthly.

Chair Hardemon: Is there any further discussion about the motion that is on the floor to pass item PZ.1 on the dais? Any further discussion? Seeing none -- well --

Commissioner Gort: Go ahead.

Chair Hardemon: -- (UNINTELLIGIBLE) -- I didn't see your hand.

Commissioner Suarez: I would just say, I don't know how much of a good deal it is to get a property that you can't use for the purpose it was intended to use, so I would rebut that statement

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a little bit. That's it.

Chair Hardemon: Okay. Roll call vote. Does it require a roll call vote?

Commissioner Gort: What's the motion?

Mr. Hannon: Actually, Madam City Attorney will read the title, and then I will call the roll.

Chair Hardemon: Okay, Madam City Attorney.

The Ordinance was read by title into the public record by the City Attorney.

Mr. Hannon: Roll call on item PZ.1. Commissioner Gort?

Commissioner Gort: Yes.

Mr. Hannon: Commissioner Carollo?

Commissioner Carollo: No.

Mr. Hannon: Commissioner Suarez?

Commissioner Suarez: Yes.

Mr. Hannon: Vice Chair Russell?

Vice Chair Russell: Yes.

Mr. Hannon: Chair Hardemon?

Chair Hardemon: For.

Mr. Hannon: The ordinance passes on second reading, 4-1.

PZ.2 ORDINANCE Second Reading 15-00672zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF 5.31 ± ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI, FLORIDA, FROM "CS" CIVIC SPACE TO "CI" CIVIC INSTITUTIONAL, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00672zc 01-28-16 CC SR Fact Sheet.pdf 15-00672zc Analysis, Maps & PZAB Reso.pdf 15-00672zc Legislation (v2).pdf 15-00672zc Exhibit.pdf 15-00672zc-Submittal-Carlos Gimenez-Agreements Comparison.pdf 15-00672zc-Submittal-Com. Russell-Construction Waiver Chalks Airlines, Inc..pdf 15-00672zc-Submittal-Chalk's Airline Inc-Presentation Watson Island Seaplane Base.pdf 15-00672zc-Submittal-Paul Dudley-Original and Proposed Heliport.pdf 15-00672zc-Submittal-Paul Dudley-Watson Island Heliport.pdf

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LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Ken Russell - District 2]

APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00672lu. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 6-3.

PURPOSE: This will change the zoning classification for the above property from "CS" Civic Space to "CI" Civic Institutional.

Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon Noes: 1 - Commissioner(s) Carollo

13589

Chair Hardemon: Regards to (UNINTELLIGIBLE) item PZ.2, is there a motion?

Vice Chair Russell: This is the companion item?

Commissioner Suarez: Yeah.

Vice Chair Russell: Move it.

Commissioner Suarez: Second.

Chair Hardemon: It's been properly moved and seconded. Any further discussion or unreadiness? Hearing none, Madam City Attorney.

The Ordinance was read by title into the public record by the City Attorney.

Todd B. Hannon (City Clerk): Roll call on item PZ.2. Commissioner Gort?

Commissioner Gort: Yes.

Mr. Hannon: Commissioner Carollo?

Commissioner Carollo: No.

Mr. Hannon: Commissioner Suarez?

Commissioner Suarez: Yes.

Mr. Hannon: Vice Chair Russell?

Vice Chair Russell: Yes.

Mr. Hannon: Chair Hardemon?

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Chair Hardemon: For.

Mr. Hannon: The ordinance passes on second reading, 4-1.

PZ.3 ORDINANCE Second Reading 15-00672lu1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY ASSIGNING THE FUTURE LAND USE DESIGNATION OF "PUBLIC PARKS AND RECREATION" TO A NON-DESIGNATED ACREAGE OF REAL PROPERTIES OF APPROXIMATELY 8.69 ACRES LOCATED AT THE NORTHERN PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER CAUSEWAY MIAMI, FLORIDA, AS DEPICTED IN "EXHIBIT A", HEREBY ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00672lu1 01-28-16 CC SR Fact Sheet.pdf 15-00672lu1 Analysis, Maps & PZAB Reso.pdf 15-00672lu1 Legislation (v2).pdf 15-00672lu1 Exhibit.pdf

LOCATION: Approximately the northern portion of the tract of land commonly known as Rickenbacker Causeway [Commissioner Ken Russell - District 2]

APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File IDs 15-00672zc1 and 15-00672lu. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 9-2.

PURPOSE: This will assign the land use designation of "Public Parks and Recreation" to the above property.

Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

13590

Chair Hardemon: Calling our attention now to item PZ.3.

Commissioner Gort: PZ.3.

Chair Hardemon: PZ.3. I'll open the floor for public hearing at this time. Is there anyone from the public that'd like to speak on item PZ.3?

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Todd B. Hannon (City Clerk): And Chair --

Victoria Méndez (City Attorney): Chairman --

Mr. Hannon: -- just for the record --

Chair Hardemon: I'm sorry; PZ.3 and 4. PZ.3 and 4. Seeing no persons that want to speak on items PZ.3 and 4, I'm going to close the public hearing for items PZ.3 and 4. Commissioners.

Commissioner Carollo: Move it.

Vice Chair Russell: Second.

Chair Hardemon: Been properly moved and seconded to pass item PZ.3. Is there any further discussion about that motion? Seeing none, Madam City Attorney, read it into the record, please.

The Ordinance was read by title into the public record by the City Attorney.

Ms. Méndez: And Chairman, I just wanted to place for the record that we have -- on these two items, also in the past, the Planning director has given the statement on the record of the re-zonings and the purpose for them in the last hearing. Thank you.

Mr. Hannon: Roll call on item PZ.3.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, 5-0.

PZ.4 ORDINANCE Second Reading 15-00672zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY ASSIGNING A CS "CIVIC SPACE" ZONING CLASSIFICATION TO A NON-DESIGNATED AREA APPROXIMATELY LOCATED AT THE NORTHERN PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS DEPICTED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00672zc1 01-28-16 CC SR Fact Sheet.pdf 15-00672zc1 Analysis, Maps & PZAB Reso.pdf 15-00672zc1 Legislation (v2).pdf 15-00672zc1 Exhibit.pdf

LOCATION: Approximately the northern portion of the tract of land commonly known as Rickenbacker Causeway [Commissioner Ken Russell - District 2]

APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00672lu1

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PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 9-2.

PURPOSE: This will assign the zoning classification of "CS" Civic Space to the above property.

Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

13591

Chair Hardemon: Is there a motion on PZ.4?

Commissioner Carollo: Move it.

Chair Hardemon: Been properly moved by Commissioner Carollo; seconded by Commissioner Suarez. Is there any discussion? Seeing no discussion, Madam City Attorney.

The Ordinance was read by title into the public record by the City Attorney.

Todd B. Hannon (City Clerk): Roll call on item PZ.4.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, 5-0.

PZ.5 RESOLUTION 15-01393sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE, A PORTION OF SOUTHWEST 37TH COURT BETWEEN BIRD AVENUE AND PEACOCK AVENUE, MIAMI, FLORIDA. 15-01393sc Fact Sheet.pdf 15-01393sc Application & Supporting Docs.pdf 15-01393sc Analysis, Maps & PZAB Reso.pdf 15-01393sc Legislation (v2).pdf 15-01393sc Exhibit.pdf

LOCATION: A Portion of SW 37th Court between Bird Avenue and Peacock Avenue, and between SW 37th Avenue and SW 38th Avenue [Commissioner Ken Russell - District 2]

APPLICANT(S): Ryan D. Bailine, Esquire, on behalf of MCREF Bird Road Development, LLC and MCREF Bird Road Development II, LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. PLAT & STREET COMMITTEE: Recommended approval, with conditions, on September 3, 2015, by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with City of Miami Page 129 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016

conditions, on November 18, 2015, by a vote of 5-3.

PURPOSE: This will allow a unified development site.

Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Russell and Carollo

R-16-0047

Chair Hardemon: PZ.5?

Commissioner Suarez: Are we changing over, or are we good?

Francisco Garcia (Director, Planning & Zoning): Yes, sir; item PZ.5.

Commissioner Suarez: Yeah.

Mr. Garcia: Item PZ.5 is a proposal for a street closure at a site called Douglas Station. It is before you as a resolution, so for one only reading. And this is being recommended for approval by your Planning & Zoning Department, as it was by the Plat & Street Committee; and by the Planning, Zoning & Appeals Board, by a unanimous vote. I'll describe it briefly as the closure of Southwest 37th Court between Bird Road to the north, and Peacock Avenue to the south; at which point, it becomes a dead end. It is intended to yield a unified development site. And once again, our recommendation is for approval, subject to the conditions set forth by the Planning, Zoning & Appeals Board. I'll answer any questions you may have, and yield to the applicant.

Chair Hardemon: I'll give the applicant five minutes to discuss.

Marissa Faerber: Good evening, members of the board. Marissa Faerber, with offices at 333 Southeast 2nd Avenue. We are in complete agreement with all of the conditions put forth by PZAB (Planning, Zoning & Appeals Board), and we thank staff and the City for their time and assistance on this matter.

Chair Hardemon: Thank you very much. Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public hearing on item PZ.5.

Commissioner Suarez: Move it.

Chair Hardemon: It's been properly moved.

Commissioner Gort: Second. I think this is something we discussed for a while.

Chair Hardemon: And it's seconded, PZ.5. Is there any further discussion? Hearing none --

Commissioner Suarez: Aye.

Chair Hardemon: -- all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes.

PZ.6 RESOLUTION

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15-01653x A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING AN EXCEPTION FOR SUMMIT AEROSPACE, INC. PURSUANT TO CHAPTER 2, DIVISION 2, SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "NONCOMFORMING USE PILOT PROGRAM", TO ALLOW THE OPERATION OF A PAINT BOOTH AND REPAIR SERVICES FACILITY FOR THE AVIONICS INDUSTRY LOCATED AT APPROXIMATELY 2700 NORTHWEST 36 STREET, MIAMI, FLORIDA. 15-01653x Fact Sheet.pdf 15-01653x Analysis & Maps.pdf 15-01653x Application & Supporting Docs.pdf 15-01653x Legislation (v1).pdf 15-01653x Exhibit.pdf

LOCATION: Approximately 2700 NW 36 Street [Commissioner Wifredo (Willy) Gort, District 1]

APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Summit Aerospace, Inc.

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval.

PURPOSE: This will allow the existing avionics company (Summit Aerospace Inc.), to continue the repair, maintenance and painting of avionics equipment located inside the existing building.

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

R-16-0048

Chair Hardemon: PZ.6.

Commissioner Suarez: Move it.

Francisco Garcia (Director, Planning & Zoning): Yes, sir. Item PZ.6 is a special exception, before you as part of the non-conforming use pilot program. This is to re-establish a certificate of use for an aviation repair facility, which has been onsite for some time now, and has operated in an exemplary fashion. This is basically to rectify an oversight in terms of part of the certificate of use that was to be reviewed by DERM (Department of Environmental Resource Management). We are confident that the operation will meet all of DERM's standards, and so we are recommending approval before you today. Happy to answer any questions.

Chair Hardemon: Applicant, I'll give you five minutes to discuss.

Ines Marrero Priegues: Yes. Good evening, Mr. Chairman, members of the Commission. My name is Ines Marrero, attorney with offices at 701 Brickell Avenue, on behalf of Summit Aerospace, the applicant. I --

Commissioner Gort: Thank you. I have to declare that I had a conversation with Ms. Marrero,

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and they explained to me the whole situation. This is one firm that has to be -- not only DERM has to check it every month; also, you got the United States -- the Aviation Department checking this. We checked it our self. It's a very great facility, with lot of jobs and pay -- high pay, so I move it.

Chair Hardemon: It's been properly moved --

Commissioner Carollo: Second.

Chair Hardemon: -- and seconded. Is there any further discussion?

Ms. Marrero: No, thank you.

Chair Hardemon: Is there anyone from the public that would like to speak on this item?

Commissioner Gort: Great presentation.

Chair Hardemon: Seeing none, Madam City Attorney.

Todd B. Hannon (City Clerk): It's a resolution, sir.

Victoria Méndez (City Attorney): It's a resolution.

Chair Hardemon: Oh, it's a resolution?

Commissioner Suarez: Aye.

Chair Hardemon: All in favor, say "aye."

The Commission (Collectively): Aye.

Ms. Marrero: Thank you very much.

Chair Hardemon: It passes.

PZ.7 ORDINANCE Second Reading 15-00057lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA LEGALLY DESCRIBED IN EXHIBIT "A", HEREBY ATTACHED, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

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15-00057lu 01-28-16 CC SR Fact Sheet.pdf 15-00057lu Analysis, Maps & PZAB Reso.pdf 15-00057lu Application & Supporting Docs.pdf 15-00057lu Legislation (v2).pdf 15-00057lu Exhibit.pdf 15-00057lu-Submittal-Beba Mann-Petition Opposing Project.pdf 15-00057lu-Submittal-Beba Mann-Photos of Project.pdf 15-00057lu-Submittal-Beba Mann-Recinding Signed Petition.pdf 15-00057lu-Submittal-Commissioner Carollo-Documents from Beba Mann.pdf 15-00057lu-Submittal-Commissioner Carollo-Key Reference Points Alexander Tachmes.pdf 15-00057lu-Submittal-Commissioner Carollo-Petition Wilda Gutierrez.pdf 15-00057lu-Submittal-Commissioner Carollo-Petitions from Beba Mann.pdf 15-00057lu-Submittal-David J. Coviello-Letters in Support of Rezoning.pdf 15-00057lu-Submittal-Luis Herrera-Miami 21 Flyer.pdf 15-00057lu-Submittal-Nora Tenny-Miami 21 Article 5 Specific to Zones.pdf

LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3]

APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00057zc. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed, by a vote of 4-5, on May 20, 2015; therefore, constituting a recommendation of denial.

PURPOSE: This will change the land use designation for the above property from "Duplex Residential" to "Low Density Restricted Commercial".

Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Note for the Record: Please see item PZ.8 for minutes related to item PZ.7.

Chair Hardemon: PZ.7.

Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.7 and PZ.8 are companion items. They are before you today on second reading, and they are the land use and rezoning amendments proposed for a property at 2240 Southwest 13th Avenue. The proposed change is to the parcel to the south from a present classification of T3-0 to the classification of T4-L. The Planning & Zoning Department is recommending approval. The Planning, Zoning & Appeals Board failed to pass its recommendation of approval, and therefore, it constitutes a denial, by a vote of 4-5. This item does include a covenant; which, in our opinion, goes toward satisfying a significant number of the concerns expressed by some of the property owners in the immediate vicinity, albeit not all. And with that, I'll yield to the applicants, and certainly stand by to answer any questions you may have.

Vice Chair Russell: Mr. Chair, may I make a Jennings disclosure?

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Chair Hardemon: Go ahead.

Vice Chair Russell: I; my staff members, Kirk Menendez, Eleazar Melendez, met with 1300 Brickell, LLC (Limited Liability Company) representatives and legal representatives from Shutts and Bowen, including Santiago Echemendia, regarding this item. I'm disclosing this communication pursuant to the City's applicable regulations in order to give affected parties an opportunity to rebut or comment on anything of what was mentioned to me at that meeting. If the applicant wishes to move for a continuance, the items can be deferred to the next regularly scheduled meeting of this Commission to afford ample time to the applicant to refute any information. This communication has not swayed me in any fashion, and I continue to be as impartial about this item as I was prior to the communication. My disclosure will be made part of the record. Thank you.

Commissioner Gort: Me, too.

Commissioner Carollo: Mr. Chairman.

Chair Hardemon: You're recognized.

Commissioner Carollo: I'd like to make a Jennings disclosure. Per the applicable provision of Miami 21 and Florida law, I, Commissioner Frank Carollo, met with Marisol Ferraro (phonetic), Susan Nascott (phonetic), Wilda Gutierrez, Jose Perez, Desiree Padraso (phonetic), Roger Burgess, Sonia Gibson, Dennis Nieves, Oscar Sanchez, Manuel Rivero, Beatriz Menendez Aponte, Miriam Anderez, Barbara Ramon, Alan Linares, Maria Caminares Barroco (phonetic), Yerba Casedes (phonetic), Rolando Gonzalez, Vicky Linares, Robert Griffith, Amada Elazo (phonetic), Hector Rech, Luberto Meneses, Ada Guirerra (phonetic) and -- I don't know if I missed Alan Linares, but just in case. Additionally, I also met with Alexander Tachman [sic], Ralph Puig, Americo D'Agostini , and Leoncio De La Pena, regarding a possible change to the land use designation and zoning classification for the property located at 2240 Southwest 13th Avenue; such persons having contrary views to those expressed in the following disclosure will now be given an opportunity to refute or respond to the foregoing communications, or ask for a reset of this hearing in order to prepare a proper response. This procedures complies with Federal Statutes 286.0015. I also want to make sure that it is stated that I also previously disclosed that I had met with Ms. Beba Mann, in regards to the same item. I also want to make sure that all of these items are put into the record. These were items that I received from Mr. Tachman, and the firm he represents, and Ms. Beba Mann, so I'm sure the --

Chair Hardemon: Any other Jennings disclosures? Thank you very much. What I'll do first is open up item PZ (Planning & Zoning) -- I believe PZ.7 and PZ.8 are related; are they?

Unidentified Speaker: Yes.

Chair Hardemon: Open up the public hearing for items PZ.7 and PZ.8, so if you want to speak from the public on items PZ.7 and PZ.8, this is your opportunity to do so. Seeing none, I'm going to -- oh, I got one.

Unidentified Speaker: What's he going to --

Chair Hardemon: This is your opportunity to stand up, walk to the lectern.

Unidentified Speaker: Mr. Chairman.

Chair Hardemon: Yes.

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Unidentified Speaker: Will we be given a chance to speak first or --?

Chair Hardemon: No. I'm going to allow the public to speak first; then you'll have an opportunity to present your --

Unidentified Speaker: Okay.

Chair Hardemon: -- position.

Unidentified Speaker: Nora?

Nora Tenny: Good afternoon, Commissioners. I am here to be recognized as an intervener.

Chair Hardemon: Can you state your name and address for the record?

Ms. Tenny: And that needs to be on the record, yes.

Chair Hardemon: No. Can you state your name --

Ms. Tenny: Yes.

Chair Hardemon: -- and address.

Ms. Tenny: Yes. My name, Nora Tenny; and I own the property at 1325 Southwest 22nd Terrace, which is the abutting property to the -- in question. I'll give her the floor now.

Unidentified Speaker: Mr. Chairman, she's a little nervous and unaware of the procedure, but I let her know what her rights are as the intervener, and I think she wants to be left last to speak so that it allows the time for everybody to speak, and she can -- rebuttal or do whatever she needs to do.

Chair Hardemon: But the public -- when you say, "last," you mean last in the public hearing?

Unidentified Speaker: In the -- yes, of us, of the public hearing.

Chair Hardemon: She can speak last in the public hearing; that's fine.

Unidentified Speaker: Okay. And we did lose five speakers, because -- kind of got late for them, and they had to go home, and children and what have you. So maybe --

Chair Hardemon: Can you -- are you speaking first?

Unidentified Speaker: Do you want me to speak first?

Chair Hardemon: Who's speaking --

Unidentified Speaker: You want to speak first?

Commissioner Gort: Don't be shy; come on.

Silvia Lavernia: Hello. Good night or good evening. My name is Silvia Lavernia, and I live in 1331 Southwest 22nd Terrace; two houses away from the new project. And today, I'm going to read in behalf of my husband; he's working. It doesn't mean that I don't feel the same, but he wrote this, and I want to read it for you. His name is Emilio Sanchez. "My home is just steps away from the planned building. I am opposed to the rezoning, and I explain in detail and

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publicly the negative impact of the neighborhood through two articles published in El Nuevo Herald." He wrote two articles explaining what is the problem: traffic; change of the community in terms of huge buildings, compared to a nice old neighborhood. "The choices before this committee are clear. On one hand, the interest of a company supported by a millionaire law firm; the other hand, the interest of the vast majority of a neighborhood; those who support other neighborhood associations defending a shield document with force of law, Miami 21. The Commission must decide whether it's willing to support the residents, the constituents, or support the private company. The Commission will decide whether it's defending the validity of Miami 21 or treat it as letter" -- "a dead letter. I hope you support the residents and Miami 21. Your support or denial is very appreciated." And it's the third time we come here to explain that we are not opposed to the beautification of the area. The building in that corner is not pretty, it's not; but a huge building that is going to be not proportional with the rest of the neighborhood . I think you know more than me about neighborhood and the preservation of something that is unbalanced.

Chair Hardemon: Thank you very much.

Ms. Lavernia: So thank you for your attention.

Commissioner Carollo: Mr. Chairman, if I could, real quick? Ms. Sanchez, Ms. Sanchez [sic], do you and your husband understand that this isn't about a big, huge building on 13 th Avenue and Coral Way? This is about a three-story garage behind that building.

Ms. Lavernia: Let me tell you, it's not -- we met with the buildings, the project, the persons that are doing the -- they show us a little project, but they change the amount of units that -- and this point, I can't tell you how many stores [sic] are going to have. They planned eight; eight floors, with a huge pool on top, which is behind my house, exactly behind my house and Ms. Lloyd house. At this point, I don't know. The garage is three floor, but how about the building?

Commissioner Carollo: Okay. But again, what's before us is not the building. What's before us is --

Ms. Lavernia: The garage.

Commissioner Carollo: -- the garage. So --

Ms. Lavernia: That makes you rezone the area, right?

Commissioner Carollo: I'm not saying that we rezoned the area. They're asking for rezoning of just that parcel. They can build that big building that your husband describes as "gigantoso," or -- you know.

Ms. Lavernia: "Gigantesco."

Commissioner Carollo: Yes.

Ms. Lavernia: "Giantly."

Commissioner Carollo: Okay. So that big building is not what's at issue right now, starting with that, and --

Ms. Lavernia: The issue is the garage.

Commissioner Carollo: The issue that's before us is the garage.

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Ms. Lavernia: And it's going to be kept in three floors?

Commissioner Carollo: Well, we're not even there yet. We're listening to the public; we're not even there yet. What I'm -- I'm simply making sure that you and your husband understand that if you say that this is about the big building that's being constructed on 13th Avenue and Coral Way, that's erroneous; it's not about that.

Ms. Lavernia: No, no, no, we --

Commissioner Carollo: What's before us is the garage.

Ms. Lavernia: -- don't mean to be ironic [sic]. We don't mean to be -- because we very respectfully, we came four times, and we met several times. The only thing we want is that you listen to our voices and make our neighborhood look like it was.

Commissioner Carollo: And --

Ms. Lavernia: I don't think that we are disrespectful, or ironic [sic], or any of this.

Commissioner Carollo: -- and --

Ms. Lavernia: If you understood that, I'm so sorry, but that's not my intention; not even his.

Commissioner Carollo: By the way, the word that I used was "erroneous." And what I mean is that he has described the big building, and this is what's at issue, and it's really not; it's actually the garage in the back, or the changing of the zoning in order to do a three-story garage. I do want to point out one more thing. I think your husband, for some reason, thinks that he can't get a hold of my office, or he can't -- I don't pick up the phone, or I don't answer emails, but I just want to remind him that a few years back, he was able to contact my office with an issue, and we were able to solve it for him, and as a matter of fact, he personally told my staff, "You have a very good memory." So, you know, I just don't take very kind when, you know, things are said that are a little erroneous. So that's all I want to say. And I want to make sure that you understand that it's the lot behind that big building that he says could be built, which actually could be built as of right. And I know Ms. Mann is going to say, "Yes, it could be built as a right, but if you grant them this zoning, then you could extend a little bit further," and stuff like that. So I understand that.

Ms. Lavernia: The only thing I know -- what you said, I don't know, I'm not aware, but the only thing I know is he ask to meet with you, and he was denied; even the secretary didn't open the office. Maybe that's why he felt that way. But I don't know about the rest you said.

Commissioner Carollo: And on --

Ms. Lavernia: I'm not aware of that.

Commissioner Carollo: -- two phases, on first reading, I did not meet with anybody. I did not even meet with the other party that requested, due to the Jennings Rule, and I abided by the Jennings Rule, which unless we do a disclosure, we do not meet. And for the most part, you will see -- I would say 90-something percent of the PZ items that have come before me, I have not done Jennings disclosure, because you know what? All the people have an opportunity now to come before us and set their case. So I allow the process to go smoothly; however, when I saw how many people came forward, and there was a lot of discussion back and forth -- and in all fairness, there was two set of proposals or two set of petitions, and I realized that some of the same people that said they were against it also were there that said that they were for it. And I said, "You know what? I think I better get involved and start seeing" --

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Ms. Lavernia: Not, this is a smart --

Commissioner Carollo: -- "what's there."

Ms. Lavernia: -- decision.

Commissioner Carollo: And that's where I think you will see that I was able to speak to a lot of the residents there, and get a good feel to, you know, how they feel.

Ms. Lavernia: I appreciate that you explain that.

Commissioner Carollo: Absolutely.

Ms. Lavernia: Thank you very much.

Commissioner Carollo: And by the way, now and in the future, you're open. Whenever you and your husband -- it's worked for your husband in the past, so whatever you need, please contact me.

Ms. Lavernia: He will contact, he will contact you, because I am -- I don't know exactly what you meant about the prior meetings; I don't know.

Commissioner Carollo: No problem.

Ms. Lavernia: Thank you.

Commissioner Carollo: Send him my best.

Ms. Lavernia: Thank you. Sure.

Chair Hardemon: Any other persons that want to speak on public hearing? You're recognized, ma'am.

Anitra Thorhaug: Thank you.

Chair Hardemon: You're welcome.

Ms. Thorhaug: I am Dr. Anitra Thorhaug. I live at 1359 Southwest 22nd Terrace. I am basically -- and my neighbor; I am representing Mr. and Mrs. Juan Carlos Mencio, who could not come here today, who live at -- who own the property at 1345 Southwest 22nd Terrace, adjacent to me. We are three down from the proposed parking lot. And we are very strongly for this addition to the master -- to the 21. We feel that there's been great progress coming from Coral Gables down to our little corner; and also, from the Brickell area, there have been a series of great improvements on the very old and rather nondescript buildings that are in this one part of Coral Way. There are two blocks only on this 22nd Terrace; of which, there are three single-family houses. Everything else is apartments from two to nine, and they are duplexes, quadraplexes, and so forth; so the owners on the back side of Coral Way. So I'm in favor of the progress of the City of Miami, and the question of making this a vital corridor between Brickell, downtown, and Coral Gables, and I see great progress happening all along the corridor, and I live behind the corridor, and just three down from this parking. It's been used as parking; it's been used as a homeless retreat; it's been a rather degraded property for some period of time. When I go walking with my shepherds or my other dog, they're very upset by this parking lot, because it does -- it's a homeless magnet, or has been in the past a homeless magnet, so I think it would be an improvement to the neighborhood, and so does my neighbor, Juan Carlos Mencio.

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Thank you.

Chair Hardemon: Thank you very much. You're recognized, sir.

Lloyd Tenny: Yes. My name is Lloyd Tenny. I reside at 1325 Southwest 22nd Terrace. This is the property that directly abuts the proposed zoning changed. I have a lengthy prepared statement. I'm an upset citizen. I want to forewarn you that there's a lot of passion in what I'm going to tell you; it's not pretty. You can save the me the trouble of doing that if somebody can clarify to me how this project has even proceeded, in light of the fact that within the City's rezoning procedure is a very clear statement: "Except where the request is for an extension of an existing transect boundary, no rezoning of land will be considered when the proposal is for a property is" -- "when the proposals for a property is less than 40,000 square feet of land area, or 200 feet of street frontage on one street." Now, I'm just a homeowner, but I can add. I added up the square footage of the three properties currently under the ownership of the OLC that's initiating this rezoning. It does not add up to 40,000 square feet, any which way you stack them. I get a total of 36,664 square feet. So I want somebody here that understands numbers better than I to clarify why this project was even allowed to go forward if it didn't meet the requirement of 40,000 square feet of land area.

Chair Hardemon: Thank you very much for your question. We will address your question at the close of the public hearing. Okay?

Mr. Tenny: Well, can I make my statement, then?

Chair Hardemon: You have two minutes, and you --

Mr. Tenny: How about if I tell you I'm an intervener, then? Because I think I'm the most affected party in this whole situation. I have the prospect of a multi-story building going up right next to my property. I was told -- just to give you the flavor of what's going on -- that when this project was to be initiated, the main egress and access and egress was going to be immediately approximate to my property, and the traffic, the new traffic for the 61 units was going to be on 22nd Terrace. And I might as well accept that, because it's already been approved, and I just can, you know, resign myself to the fact that this rezoning is going ahead full speed. "It's a done deal, basically, Mr. Tenny. We'd like to" -- "You know, we understand that maybe change your life style. You might be living in the shadows, but, hey, this is progress." Well, it's not progress in my situation. I am grievously affected by this project; disproportionate to the rest of the public. I think you'd have to agree. We don't, to this day, know what's to be constructed. I'm looking forward to this, because I have no idea what they've set in motion, but I do know on the parcel in question, since we're -- we want to zoom in on that -- those -- that so-called conversion of -- whatever we're going to call it -- a parking lot -- what's slated for that, the last I heard, was townhouses. And three-story townhouses, under the terms of Miami 21, can go up 41 feet to the eve. There's nothing on our street that compares to that. That's easily twice, if not three times the height of the existing structures. We are a neighborhood. I mean, I'm passionate about the fact that I moved into a neighborhood five years ago. I had an impression of my neighborhood. I care about my neighborhood. It's -- I want -- I love the Shenandoah neighborhood.

Chair Hardemon: Thank you very much, sir. And as a property owner, if you want to change the land use, the zoning of your parcel of land, you have every right to go through the application process for it. And that same procedure will put you exactly where you are today; before this Commission, trying to decide whether or not that land use and the zoning will be granted or not. So we take -- well, so the decision has not been made. You are here to render your thoughts and impressions about the issue so that we can make our decisions. I'm going to do is continue on with the public hearing; finish the public hearing; allow Mr. Garcia to address your question; and then, we'll discuss the issue that is at hand, which is the land use and zoning that is for this property. Is that fair?

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Mr. Tenny: All right.

Chair Hardemon: Thank you very much, sir. Ma'am, you're recognized.

Laura Oliate: Good evening. My name is Laura Oliate. I live in the 2962 Southwest 24th Street, 33145. I'm here to represent my family, because they couldn't be here because of the hour, but my thoughts about this is that, I mean, we would like to beautify the street, because it's kind of -- we consider it not safe for us when we walk by the street, because the area, the zone, it's like home for the -- I don't know -- burglars, or maybe the homeless people. I think that it could be better if some new building and the parking lot is constructed there, because maybe the zone or the area can change a little bit, because it's very dark at night, and when we walk by -- I don't know. I think that it's not safe. So maybe if it change a little bit with the project -- because we listen about the project, and we think that it could change and get -- change the image of the corner. So maybe I'm not aware of what this man have just said, but I think that it would be better to make some progress and to look forward. I don't think that is -- the issue is the traffic, because the parking lot can help with that, but for our family, it's more kind of a good project, because the beautification of the area can help us to make it more safe, so.

Chair Hardemon: Thank you very much for giving us your opinion.

Ms. Oliate: Thank you.

Chair Hardemon: Madam, you're recognized.

Beba Mann: Mr. Chairman, good evening. Commissioner Russell, welcome.

Vice Chair Russell: Thank you.

Ms. Mann: I'm not sure of the address that she gave, but it's not on 22nd Terrace. Can you tell the address again? I'm sorry.

Ms. Oliate: 2962 Southwest 24th Street.

Ms. Mann: So you're on 29th and 24th Street, so you're not even near the area. Okay, I just wanted to make that clear.

Ms. Oliate: I said that we walk by and we consider it not safe.

Ms. Mann: I understand. I understand. Anyway, Commissioner, thank you so much for listening to us tonight. I do want to make a point before I read my statement. I wrote it, because I don't want to be distracted, but I've heard now twice about the conditions of the corner. That is a Police and Code Enforcement issue; that is not an up-zoning issue. If they would have called Code Enforcement or the Police, and told them that there is bums, possible burglars, they should have put a fence around that property. It's an open property. As you know, this has been a very long and stressful journey for the homeowners on Southwest 22nd Terrace. My name is Beba Sardina Mann. I'm the president of Silver Bluff Homeowners Association. At the September 24 hearing, the applicant's attorney submitted 55 signed petitions in favor. As you can imagine, this was a surprise to us, since most of the homeowners are against this up-zoning. So I did my homework, and turned out that out of the 55, of which 25 are renters, which is what I went to give Commissioner Suarez at his office, only 12 homeowners are in this neighborhood. In the immediate impact area, only three homeowners signed; of which two have rescinded. I'd like to submit for -- on the record a total of six signatures rescinding their support for this project; and I would also like to add four signatures in the immediate block that had rescinded in favor, against the project.

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Chair Hardemon: Have the gentleman --

Ms. Mann: You give it to him, okay. So I'll give it to the -- I also would like to submit -- which I have done -- while renters will have to endure the traffic situation, it is the homeowner that has legal rights of what happens in their neighborhood that could adversely affect their property values. We submitted 49 signatures of homeowners; of which 30 live on Southwest 22nd Terrace, and they are not renters. Please note that the homeowners were not happy to hear that this was about land use change. The two ladies hired by the applicant to go around collecting signatures did not mention land use change. What they did speak about was a project, a beautiful project on Coral Way that was going to take away the ugly building that was there. At no point was land use change mentioned. Now, for the fact of this application, when the applicant first presented the application, they made it very clear that they did not have requirement for a rezoning. The Planning Department recommended denial. This denial was in place until the second PZAB hearing; by the third, they changed their position for approval. The Planning Department has always stated that this application for a zoning change is not tied to the project; this is about the up-zoning. Therefore, we should not be considering the project. If the owners decide to hold onto this property after the zoning change, the purchaser can do whatever they want. The covenant is extremely weak, and truly non-enforceable. The covenant tied refers to a site plan that we have not seen; again, has changed maybe three times, and it's not online for us to see. Most of you will not be sitting here when they will come to request a modification of the covenant; perhaps that is why the City requests that the following clause be added, but after looking at the covenant, which is not online, it is a totally different covenant of the one that they showed at the last hearing. So, so far, they have changed the covenant three times; they have changed the site plan three times. So it's a constant change. There are also several discrepancies on this application. The applicant and their attorneys stated in the public school concurrency requirement that the subject property requesting the up-zoning was going to have 12 units. They're telling us, verbatim, three; but in writing, it says 12. On the concurrency management analysis, they stated that the population increment was 14. It makes -- it's practically a childless assumption -- 12 units with a population of 14. In the Planning Department and Zoning's own word, the analysis for change of zone, they correctly stated that when denying this application, they said, "Even though" -- I'm sorry -- "Rezoning the subject property to T4-L not only will allow by right the use, but will also allow more intensity, limited only by the provisions of the covenant, voluntarily proffered by the applicant"; which will be good until its expiration date, or its revocation. Under the rezoning criteria in Article 7, Section 17128(a)(3) and (f)(2) of Miami -- this is the Planning Department's analysis -- "Even though the proposed zoning provides a transition in height and intensity from Southwest 22nd Street to the south, this rezoning will result in an undesirable spot-zoning; altering the character of Southwest 22nd Terrace to the duplex residential neighborhood to the south. This request is inconsistent with the goals of the Miami 21 Code." This was words of the Planning Department. Under Miami 21 Code, Section 2.25.8, they found that rezoning the subject property to T4 will result in spot-zoning with a 3 -- a T3-O neighborhood. "Staff finds the proposed zoning request to be inconsistent with the goals of the Miami 21 Code, as the request is not compatible with the adjacent zoning district to the west, itself." And in their conclusion to the analysis, the Planning Department wrote, "Based on the aforementioned findings described hereon, the Planning & Zoning Department consider the proposed change is an intrusion of a higher density into a low density area; as well as an intrusion of a higher variety of uses; as well as established residential neighborhood. It is staff opinion that the restrictive covenant submitted by the applicant, limiting the uses and development capacity is not enough to support the impact associated with the requested zoning." It was the staff's opinion that this restrictive covenant submitted by the applicant limited the uses and development capacity. It is not enough to support their impact associated with the requested zoning. It is there, black and white, in part of the record. You don't see it now, because this is the seventh hearing. So by this time, you're not getting this information. What you're getting is the approval. There is absolutely no hardship for this applicant to be requesting an up-zoning for the residential property. They can, by right, build a

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garage on the T6-8 property on Coral Way. Commissioner Carollo knows very well that part of Coral Way was down-zoned to a T5. He felt that T6-8 was the correct zoning for Coral Way on his district. Well, then let them build by right. Let them put their garage there; that was what the purpose of Miami 21 was. Now, if they start building garages around single-family homes, 40 feet high, let me show you what it's going to look like.

Commissioner Carollo: Can you show the camera, too?

Chair Hardemon: Where is the camera; somewhere, right? Where is that located?

Commissioner Carollo: For the Clerk.

Chair Hardemon: That's four stories, right?

Unidentified Speaker: (INAUDIBLE).

Chair Hardemon: Where is that located; do you know?

Ms. Mann: The location?

Chair Hardemon: Ma'am, where is that located?

Ms. Mann: Actually, I think it's around the Little Havana area. It was sent to me by one of the Shenandoah homeowners, in support of our plight, and he wanted us to see what they're suffering. And then this is the picture of what the back looks like after you have that buffer of the garage and everything else, which is what Mr. Sanchez was speaking about, and his wife was talking about, the height behind his house. There's absolutely, like I said, no hardship for this applicant to do, as of right, what he wants to do on the property on Coral Way. There are other uses that he can do on this particular property. There are beautiful oak trees; they're huge, old oak trees. He can do something for his project on Coral Way, where the kids may have a park; may have a swimming pool. I mean, there's other things to do, but a 40-foot garage next to a single-family home, wrapped. I met with the project manager, and I explained clearly to him that we welcome the new project on Coral Way; however, the land use change they're requesting will negatively impact our neighborhood. While his family can invest in projects like this, our homes are our biggest investment. Somehow, you know, this whole process was compared to the laws and how things are done in Venezuela, which I found to be a little bit -- I don't know. I guess because seven hearings later, you start to wonder what's going on.

Chair Hardemon: Madam President, I want you to be aware that I'm going to grant you an additional two minutes. I know that -- because they still have to present their case, and I'm sure they're going to want 30 minutes to present their case.

Ms. Mann: Okay. I'm at the end.

Chair Hardemon: And I want you to know that, you know, we're giving you lots of leeway because you are a president of a homeowners association. I know you represent the voices of those people, so.

Ms. Mann: And I totally appreciate it, and I know. And I just want to say, Commissioners, please protect our biggest investment, which is our homes, okay? Your vote holds our future, and holds the future of the area. And I think last time that I was here, I showed you -- and I'll be very quick -- of what happens after time. When the zoning gets changed and the property on Coral Way abuts a T4, the building changes. And right now, we are told that we're not looking at the project; it's all about the up-zoning. So keep in mind that down the road, this will be this. Thank you so much.

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Chair Hardemon: Thank you so very much. Sir, you -- member of the public that wants to make a comment? Are you a member of the public that wants to make a comment?

Francisco Pena: Yes, yes.

Chair Hardemon: You're recognized.

Mr. Pena: Good evening, Commissioners. I will be -- I mean, my statement will be short.

Chair Hardemon: Name and address for the record?

Mr. Pena: Francisco Pena. I'm a professor at the Mariano Moreno Institute. It's 22nd Avenue and Coral Way. I been teaching on this institution for three years, so I know pretty good, I mean, this area. I used to work also on 34 Avenue and Coral Way as an insurance agent, so I know -- I'm familiar with the area. I really like this zone, this area. I think this area has been left behind with the progress coming from Brickell; coming from Coral Gables, and this area is a beautiful piece of area in Miami that deserve a better progress, you know, as far as buildings, and so I'm teaching for three years in this area. Most of my students come from Latin American countries. They come from Venezuela, from Argentina, Ecuador, Mexico, different -- all over the world. They planning to purchase properties in the neighborhood, because they have been getting some jobs in Coral Gables hotels, in Brickell hotels, downtown area. They always share to me that they would like to stay in that -- I mean close to the school since they come here for two or three years, but they are not able to find any property that they like in that area. They have to buy properties or rent property far away, either in Brickell, or paying high rents, or buying expensive property in Coral Gables. I'm actually in favor of the project, because, I mean, I'm a witness of the traffic, yes; there is a huge traffic, but the impact of this traffic doesn't come from residents. This impact come from thousand of business in that area. People like me, I mean, I live far away from the project, but I been working for three years in that neighborhood, so I'm one of the people who create the traffic in that area; not the residents. And I'm just a witness of that.

Chair Hardemon: Thank you.

Mr. Pena: So I'm in favor of the progress; I'm in favor of the project. I think I would like to have, like you, the neighbors, you have a beautiful building, you know, in that area.

Chair Hardemon: Thank you very much, sir.

Mr. Pena: Thank you.

Grace Solares: How are you? Good evening. Grace Solares. I'd like to congratulate you for your chairmanship, Mr. Chair.

Chair Hardemon: Thank you very much.

Ms. Solares: I will always miss you, Commissioner Gort. I am here in support of the opposition of the neighbors to this high garage next to a single-family home, but I'd like to ask you something, Mr. Chairman, and I noticed that in another issue here today -- I think it's item PZ.1 -- that the applicant was not -- did not present the project; you opened up to the people to speak. And I was wondering, if I come here to give my support to this project, but all of a sudden, after I speak, I go and sit down, I have no longer any time to come and speak to you again or to this board. And it so happens that it changed from the first to the second. And this time, it was carried out -- it has been change for seven times. Isn't that a lack -- does that -- gives an impact to the people here by doing away with their due process to hear exactly what is it they're going to be talking about? I'm just asking this; I don't know.

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Chair Hardemon: Mr. City Clerk, can you pause her time? Well, Ms. Solares, we know that in the law, it says that residents or those who want to speak publicly about an item that is on our agenda have an opportunity to speak. I think the City of Miami is more than gracious when it considers public comment -- and I'll tell you why -- because when you consider the fact that the law stipulates that -- or rather, it states that someone only needs to have made a public comment at one point during the process of the approval of that item. So, for instance, if the public wanted to speak on an item and there was a first reading and a second reading, that person could speak at the first reading, and not at the second reading, and the City of Miami would still be within the law; even more so, if the City of Miami said -- for instance, it was like the County -- had different -- say if you had different committees in that process of its approval -- to speak in the committee and not at the agenda item. Here, within the City of Miami, we value your opinion, we value your comments, and with that, we allow you to speak at every single -- well, I've allowed to speak at every single agenda item when it comes up. I can contrast that to, for instance, the County. The County does not allow you to speak at every single agenda item when it comes up. There's one time in the very, very beginning where they allow for public comment, and you can comment on things from "A" to "Z," and from numbers 1 to 20. And I don't think that that's representative of a government that wants to hear what their people have to say. So here, we take the time to give you the public comment opportunities at every single piece of the agenda item. But at some point, the public comment has to come to an end, and the Commissioners have to debate the issue. And so that is why we open it up for them to -- for you to make your comments, and then allow for the presentation, allow for our comments to the -- to whoever the applicant -- whomever it is, what we're looking at. Now, if there are changes that are made within the agenda, or the presentation, or whatever it may be, changes are made to our agenda items that's presented before us without it being noted. And if a change is made, then that change is a part of a motion; that change is a part of something that we're discussing. A change -- it would probably be criminal, as I can imagine, for someone to make changes to a document without it being properly noted before this Commission and we vote on it. I could imagine every single one of the Commissioners would be highly upset if a word was made different that had an impact on the project or whatever it is that is being proposed. But one thing we have to keep in mind: Although we have all these fancy presentations about the projects and the use of that land, you have to remember that each of these items, land use and rezoning, is not about the project, itself, but the intended use of the land; the highest and best use. So they can show you this today, and tomorrow, it could be something completely different, after they have the land use. They could sell it, and someone else could come with a different project, and that's something that we all have to keep in mind. So I say that to everyone so that you understand that no one -- well, we all want your opinions, and we welcome your opinions, and that's why we schedule it the way that we do, for you to give your public opinions. But we would be perfectly within the law if we changed it and we said public hearings or public opinions are to be at the beginning of the meeting, like they do in the County, and then we do everything else after. But to me, as the Chairman, as someone who welcomed public comment since I was in college, I don't think that that would be a fair thing to do. And by the way, I think the sunshine law was probably created when I was in college, and they imposed it on us at my undergraduate institution; I had to deal with it then. So, you know, that is something that I just want you to understand.

Ms. Solares: I am --

Chair Hardemon: And with that, I will allow you another two minutes to say whatever it is that you want to say.

Ms. Solares: Thank you so much. But I'm sure you get -- you understand my -- why the reason; that I didn't hear these people speak, and that's -- I would have loved to have heard them speak and present them.

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Chair Hardemon: They will.

Ms. Solares: And by the way --

Chair Hardemon: You will -- but they will.

Ms. Solares: -- then I won't have any chance to come to you and say, "Oop, by the way, something happened here," but in any event --

Chair Hardemon: But that's what we want to avoid. We don't want a back and forth between an applicant and --

Ms. Solares: But that's the reason why, you know, they speak first; that's it. I have, and I allege it, and that's all there is to it. And by the way, I'm going to agree with you on the issue when they come for -- because I have been actually fighting this for years in this chambers -- that when they come for a zoning change, they shouldn't come with pretty pictures, because that's not what -- exactly what we're doing right now. They come in for a zoning change. Once you give it to them, they can come back and do whatever they want. You just said it, and I've been fighting for it; that these pictures should not be in there, because they can come back with a different, different thing, so I agree with you 100 percent. But I'm sure you agree with what I just told you, as well, so.

Chair Hardemon: I know. We just have to make it clear that our decisions are not made on the glossies. It's not made on those things.

Ms. Solares: Right. I'm glad, and that shouldn't be that way. And Commissioner Carollo, it's you, your district. You listened to us when I was here for my issue across the street from me, and you said, "The neighbors must be listened to." Please listen to them. Thank you.

Chair Hardemon: Thank you very much. Is there any other person from the public that would like to speak at this time? Leo de la Pena: Mr. Chairman, yes. My name is Leo de la Pena, and I reside -- I'm going to be very clear on my address -- it's 2055 South Miami Avenue, and my offices are at 600 Brickell Avenue, and so this project is very much my neighborhood. The developers, one of his first projects, he's a neighbor of mine, and I'm here supporting the project. When he first told me a long time ago he was thinking about buying this project and building something, I thought it was a great idea, and I thought it was a great idea for several reasons. First, I know this area well. It's been a blighted parking lot for years. It's been ignored for years. One of my questions to him as a friend, as a neighbor is, "Why?" Everybody wants to build luxury buildings in Brickell, in downtown Miami, in Miami Beach. He's putting his heart, family, money into an area that's blighted. It's not luxury. He's taking a risk in an area that needs family housing, in an area that's blighted, in a parking lot, in an area that's been ignored. It's a great project in an area in Miami that's been ignored for too long. It's housing that is needed in the City of Miami. It's not luxury housing that's being built for the one percent, who people in the City of Miami can't afford, which is why it's a great project, and I urge you to support it. Thank you.

Chair Hardemon: Thank you very much. You're recognized, sir.

Luis Herrera: Good evening. My name is Luis Herrera. I live in 1181 Southwest 22nd Terrace. I'm the president of Vizcaya Homeowner Association. Before my time come, I got a lady, they coming in my house, and they told me -- they give you to, personally, this paper that is signed against the building, and he said, “Give it to Carollo, and let him know I am Wilda Gutierrez.”

Commissioner Carollo: I spoke to her already. I spoke to her.

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Mr. Herrera: You spoke to her?

Commissioner Carollo: I spoke to her.

Mr. Herrera: And this was when?

Commissioner Carollo: This was in November.

Ms. Herrera: Yeah. She gave it to me, "pero" you suspended the --

Commissioner Carollo: I was at her house and --

Mr. Herrera: You suspended the deferral, and that's why I keep it in. And the last time I going to bring it to you, and I can do it, because everything going away.

Commissioner Carollo: Okay, not a problem. I'm going to submit this for the record, but yeah, I was at Wilda's house, and it was good to see her again.

Mr. Herrera: Okay. Let me -- I wish you can give me a little time complain. I ain't going to take too much time, because already other people's -- they explaining to everybody already what is going on here, "pero" -- and the other case behind you, Mr. Carollo -- Commissioner Carollo, he say, “This is the moment to fix the problems that we have.” Miami 21 --

Commissioner Carollo: (UNINTELLIGIBLE).

Mr. Herrera: Well, almost or less. Almost or less. And then Mr. Willy Gort, the Commissioner, Mr. Gort, he said, “How many time we fixing the Miami 21?” All right. That he said it. All right. Now, let me bring to you something to your face. This, said right here, in Miami 21: You, City, you plan. In other words, a city, a plan. Mr. Garcia is the one, he did this with the lady name Sinabek (phonetic), something like that. She's the chief of the student de Miami 21, all right. I'm going to be real quick, all right. This is presented in (UNINTELLIGIBLE) 31, 2008; tried to survive proposal puts on the -- in the record protecting the neighborhood in this letters over here, and I gave it to everybody before -- and this is in the record long time ago. Nothing happen. They continue to do whatever they want. Now, in the Article 7, they disappear, 7.1 and 7.2 and 7.8. I don't want to talking about this. I got Mr. Paul Mann, they going to be -- give you some reference to this. This protecting the neighborhood, what I mention right here. So far, the Miami 21, by that particular time that I've been running with Mr. Garcia all over -- I'm sorry -- all over the place to Miami 21 meetings. We present this all the time to what we want, so I can give it to everyone, one of this, if you holding the time for a minute. Writing in the bottom is what I really want by that particular time. So what I will ask you right there in the bottom -- and you see the picture in the top. That's what it look like when you build the right housing in the little house in the bottom. The same project that they have in the parking lot, it is the same one higher in the house, a little bit down, like they have been showing to you the picture and put it in the record. Now, by that particular time, Miami 21, this is all the Commissioner, they didn't make Miami 21. The -- all this Commissioner here, the only one against Miami 21, Tomás Regalado. He's the Mayor right now. Because they know Miami 21 is not good for the neighborhood; and I think you, the new ones -- like you say before, when some people liar, swear and lie, that they pay for, and they presented some -- lot of signatures in there; they don't live in the neighborhood. I want you thinking about it. Please, I ask you -- and I want to put it off -- please, I asking, support the neighborhood. The neighborhood is the one that give you all the power to you people to do what is supposed to do the right way. Thank you very much.

Chair Hardemon: Thank you very much. Is there any other persons from the public that would like to make a comment? If you would like to, please come to the lectern. Sir, you can walk over here.

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Paul Mann: Paul Mann. I'm at -- I reside at 1665 Southwest 23rd Street in Miami. First, I'd like to thank the gentleman who -- the proponent who spoke on behalf of this project for the nicest sounding insult that me and my neighbors could have ever received; that we live in a blighted neighborhood, and don't know any better than to upgrade it as we see fit; that we need somebody else to come to our neighborhood and tell us how to make our neighborhood prettier. I've been in this neighborhood since 1999, and I have watched it improving year after year after year, and it does not require upzoning to improve itself. It requires sane people who do so at their own pace. I heard some wonderful things earlier this evening. I've been here now since 3 o'clock. And I have to say that the tone of this chamber has improved dramatically in the 12 years that I've been coming here. I've heard some very wonderful things. And I've heard Commissioners talk about the big picture. My Commissioner, Commissioner Carollo, mentioned that we really need to focus on the issue at hand here, which is strictly the upzoning of this property, and I think that is where our greatest case, our best case lies. You cannot look at this upzoning as just one little upzoning. Our Planning director mentioned that he thinks that we've had an average of three amendments a month for five and a half years now. That is close to 200 amendments to the zoning plan. You could say that this little corner here would be just one more amendment; and, yes, it might beautify this one corner, but the fact is it's a keystone. My -- the -- this -- the people who spoke for this plan and this developer is not looking at what this is going to do downstream. We've talked here about traffic issues, the fact that Coral Way is "F," and Route 1 is rated "F" by the State. Any density that you bring to Coral Way is -- by necessity, that traffic is going to have to percolate through our neighborhood, because Coral Way can't take more traffic, and Dixie can't take more traffic. So you absolutely have the right plan here trying to control the density that is coming at Miami. One of the ways that Miami 21 did a marvelous job at what it was asked to do was balancing the need between allowing development and protecting the neighborhoods; two diametrically opposed forces. The Miami 21 plan, the map does a very good job. The liners on Coral Way were left at T5 and T6 to allow for development. The neighborhoods were protected because the properties immediately behind remained at T3. That line of T3 from 13th Avenue all the way west to 27th Avenue is our defense. Leaving that T3 means that across 22nd Terrace, it's T3 to T3; they are protected. You start flipping the northern side T3s to T4s, and immediately, you're taking away our defense, and this is the keystone. The term, "domino effect" could have been coined for exactly this situation. You could look at 13th Avenue and look across the street and see that, “Oh, yes. Well, you've got a commercial property there,” but that's a broad street, and that broad street is our buffer at that corner, our northeast corner of our neighborhood. You flip that first property to a T4 and everybody in this room -- certainly all you -- know how many developers are drooling at the opportunity to begin flipping the rest of them all the way down Coral Way.

Chair Hardemon: Thank you, Mr. Mann.

Mr. Mann: And they will line up at your doors with applications to go flipping T3 after T3 after T3 to T4, and this is the precedent that will -- that they will point to.

Chair Hardemon: Thank you very much.

Mr. Mann: So this is just one developer wanting to do one project, but the big picture is, if you allow the increased density that a T4 here will allow to the T6 in front of it, you're just making the entire problem in this sector even worse.

Chair Hardemon: Thank you very much.

Mr. Mann: So this would be a very good place --

Chair Hardemon: Thank you very much.

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Mr. Mann: -- to put your foot down and ask the developers to build by right.

Chair Hardemon: I appreciate your comments, sir.

Mr. Mann: Thank you very much, sir.

Chair Hardemon: Any other persons? Hello, ma'am.

Judith Sandoval: Good afternoon. My name is Judith Sandoval. I'm -- all of you know me, except the two new Commissioners. I am on the board of the Homeowners Association of Silver Bluff where I have owned a historic property for 35 years. I own a 90-year-old perfectly beautiful house. It has been featured, along with the whole neighborhood over the past month, on NPR (National Public Radio) Radio, which has been talking about the marvelous history and architecture of Silver Bluff. It is not blighted. It is not ugly. We don't need more high-rises, et cetera. I would like to ask each of you Commissioners -- and I need a “yes” or “no” answer from all of you individually. Mr. Suarez, would you like to have that 40-foot garage right next to your home, or the home of your mother, or your sister, or your uncle; “yes” or “no,” please?

Chair Hardemon: Ma'am, it would be inappropriate for him to make that type of comment.

Mr. Sandoval: Mr. Carollo, may I ask you the same question? Would you like to have that 40-foot garage next to your home, your mother's home, your sister's, or your brother's?

Chair Hardemon: Once again, ma'am, it'd probably be inappropriate at this time to make that comment.

Mr. Sandoval: I don't see why, sir. I don't. I don't mean any offense. Okay, let me say something else. The -- if you want to know what can happen when this domino takes place -- and there is a lawyer representing a developer who is ready to buy a property and do just that; he's sitting in this room. If you go down 22nd Avenue past McDonald, there -- and I have worked against many such projects and upzonings in many different neighborhoods since I -- for 25 years coming to this Commission, and I worked against that one, but we lost. If you go down 22nd Terrace all the way to Douglas Road, you will see a block or two of 40-foot townhouses that were promised as a buffer between the south side of Coral Way and 22nd Terrace. “Oh, they'll be beautiful. We'll put trees in front.” You should see them; they're horrible. They don't go with the houses, and the neighborhood didn't want them, and they were right. Please do not allow this garage to be put up next to this gentleman's house. I would object just as much if it were next to my house. Look out for the neighborhood. It's a great treasure in the City of Miami. Thank you.

Chair Hardemon: Thank you so very much. I believe this is our last person for public comment.

Luis Morales: Good evening. My name is Luis Morales. I live at 1143 Southwest 22nd Terrace. I've been living in this area for 30 years, and even in the same block. I own the property in that block for 27 years. I raise my kids, and I've been taking care of my grandsons for eight years already. I would like to read part of a paragraph from the master plan, and let me try to -- it says, “MCNP Land Use Goal L111 [sic] encourages a land use pattern that protects and enhances the quality of life in the City's residential neighborhoods and (5) promotes the efficient use of land and minimizes land use conflicts. This amendment request will increase conflicts because the proposed designation will allow for the intrusion of commercial uses into a stable residential neighborhood that could potentially create land use conflicts.” Now, I would like to add a comment: If you vote in favor of this, this will have a domino effect on the residential street running parallel with Coral Way. We welcome the new development under Miami 21, and hope that this Commission, given the current unbearable traffic situation, will enforce Miami 21 without upzoning. Denying this land use change will enforce our future growth master plan. We

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humbly request your vote of denial. Thank you.

Chair Hardemon: Thank you so very much. I'm going to close the public hearings at this time, as there's no further public comment. Do you want to make a public comment?

Commissioner Carollo: Yes, Mr. Chairman.

Carlos Pereira: Yes. My name is Carlos Pereira. I live in 1271 Southwest 21st Terrace, about one block and a half from there, and just -- I'm going to be quick. And I am opposing this project. I am in support of my neighborhood. I am against the zoning change. That's all I want to say. Thank you.

Chair Hardemon: Thank you so very much. Is there any other person --? Oh, yes. It's good to see you again. I promise you, Commissioner Carollo will not bite.

Nora Tenny: I just wanted to remind you that -- yeah, I'm still waiting for my turn, after they're done. Thank you.

Chair Hardemon: You're recognized, ma'am. Can you restate your name for the record?

Ms. Tenny: I'm sorry?

Chair Hardemon: No, you're going to speak now.

Ms. Tenny: Nora Tenny.

Chair Hardemon: You speak now. This is the last portion of the public comment. This is your opportunity to speak.

Ms. Tenny: As the intervener, I think I do have an opportunity to rebut --

Chair Hardemon: I'll -- one second. Sir, can you give us your opinion about this intervener? I haven't -- I was not made aware of any part -- other party, other than the applicants to this application.

Rafael Suarez Rivas (Assistant City Attorney, Supervisor): It would be up to the discretion of the Commission if they wanted to allow this person to -- the party to be an intervener. In my view, the applicant could object if they wish to. The Commission would consider their proximity, their interest. If the Commission, in its discretion, granted them the right to be intervener, to me, the basic difference would be that they can cross-examine, and that they would have a formal name in the record, but, you know, that would be up to the discretion of this body. Thank you.

Chair Hardemon: I mean, that's important. The reason -- Commissioner Carollo, the reason is this is a -- this is up for discussion is because as an intervener, then it would give the intervener an opportunity to cross-examine, direct witnesses, things of that nature, that make them an official party to the record, and I'm not aware of any requirement that that person has to be able to do that, so I'll give you some discretion.

Commissioner Carollo: Mr. Chairman, I mean, you obviously see they're not being represented by counsel. You know, I think -- more than anything, I think what she wants is to be able to see the presentation and then to speak; and I think it was, more or less, what Mr. Solares was saying; that if something is presented that has altered or -- they want to be able to rebut some of the things that are said. And I understand you don't want the back and forth, but listen --

Chair Hardemon: So, what I'll do is I'll conclude the public hearing at this time, but I'll reopen

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it for a portion of five minutes for whomever in the party, five minutes, in opposition wants to rebut anything that is said. It's not an opportunity for cross-examination. It is not an opportunity for any directs. It's just simply an opportunity for the public to be heard at that time.

Commissioner Carollo: Yeah, and --

Chair Hardemon: Is that fair?

Commissioner Carollo: Yeah. And the only thing I just want to point out again, they're not representing by, you know, legal counsel. They --

Chair Hardemon: Which is why they're more (UNINTELLIGIBLE).

Commissioner Carollo: And I'm not even using the high-power attorney, you know --

Ms. Tenny: Thank you.

Commissioner Carollo: -- that I use, but --

Ms. Tenny: Thank you, Commissioner.

Commissioner Carollo: So I just want to be a little lenient with them because of that, you know, so.

Chair Hardemon: I just want to keep in mind that this is a public comment section.

Commissioner Carollo: Understood.

Chair Hardemon: It is not, you know -- and so with that being said, I'm going to close the public comment. Mr. Francisco -- yeah, you're still here. I just want you to be sure that you address the one question about the 40,000 square feet that was asked. Can we do that now?

Commissioner Carollo: And it was by Mr. Lloyd Tennon [sic].

Chair Hardemon: Yeah, you can address --

Mr. Garcia: You would like me to do that now?

Ms. Tenny: Can Mr. Tenny come and now --?

Chair Hardemon: And one thing I want to -- before we -- no, no, no, he's not stepping forward. He's just -- Mr. Francisco Garcia will address your question that you made earlier. I wanted to make sure it's answered. That's the first thing. And part of the reason that I'm trying to move the agenda as expeditiously as possible, without stomping upon anybody's rights, is that there's a little known ordinance, I guess, if you will, that at 10 o'clock, our meeting is supposed to come to an end -- right? -- the last agenda item at 10 o'clock, and we're approaching 8:53, and we have a number of items that are still on the agenda. So I want to ensure that we have adequate opportunity for counsel to present his case in the fashion he believes is necessary, and then also to get as much business as we can done that is left on the agenda. The only way that we can go past 10 o'clock is by unanimous vote of the Commission. So I can imagine that one may here -- be here; one may not be here, depends. You have two-year-olds; I don't have any, so I don't --

Commissioner Suarez: I could tell you, I need to leave because my father lost his younger brother today, and I'm not going to be here all night.

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Chair Hardemon: Sorry to hear that.

Commissioner Suarez: Yeah.

Chair Hardemon: So let's try to move this as expeditiously as possible, Mr. Garcia.

Mr. Tenny: With all due respect --

Mr. Tachmes: Mr. Chairman, this is totally inappropriate.

Mr. Tenny: This is the fifth time I've been here, sir.

Chair Hardemon: I -- (UNINTELLIGIBLE) I understand.

Mr. Tenny: I mean, let's have some reciprocity.

Chair Hardemon: Sir, (UNINTELLIGIBLE) --

Mr. Tenny: I never got a visit from --

Chair Hardemon: Sir, you're --

Mr. Tenny: -- Mr. Carollo either --

Chair Hardemon: -- out of order.

Mr. Tenny: -- and I'm the most affected party. (INAUDIBLE)

Note for the Record: The Chairman turned off the microphones; therefore, speaker's comments were not transcribed.

Mr. Suarez-Rivas: He --

Chair Hardemon: You're out of order.

Mr. Suarez-Rivas: -- already spoke.

Chair Hardemon: This is not how we do things. This is not how we do things. If you please, take a seat so he can address the question that you made. There is a legal proceeding. There's a court reporter. There are people here that are trying to go through this process, and we're going through the process with you. You have been here. I'm sitting here with you. I'm addressing all of your questions and concerns. We're being as attentive as we can be, but what you must do is respect all of our time and all of our attention. One person -- sir, sir, explain to this -- I'm explaining to you something right now. If you become a problem, there are ways that we deal with issues and problems within this community -- within this hall, and we don't want to do that. We want to give you an opportunity to be heard, which you have been done; and we want to give you an opportunity to hear the responses of not only the Planning director, but then also those who are presenting their case, and then the discussion that the Commission has to have about the issue affecting your neighborhood. I will tell you this: The things that you have said from a community perspective are moving. You want them to continue to be moving, and you don't want your opinions to fall on deaf ears because of misbehavior, so please, please, have a seat. Have a seat, sir. Mr. Garcia, thank you.

Mr. Garcia: Yes, sir. Thank you for the question. I'll be concise. I believe the gentleman's question pertained to the requirements to apply for rezoning, and they specifically are set forth in

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Section 7.1.2.8 of Miami 21, the Zoning Ordinance; and they require, as I believe the gentleman correctly stated, that the subject parcel, unless it is asking for an extension of an existing zoning boundary, be at least 40,000 square feet in area, or have 200 feet of lineal frontage along one right-of-way. In this particular case, the application, the subject property complies with the second criterion because it has a frontage along 13th Avenue of more than 200 feet.

Chair Hardemon: Thank you very much.

Unidentified Speaker: (UNINTELLIGIBLE).

Chair Hardemon: Sir, you're recognized.

Alexander Tachmes: Thank you, Mr. Chairman. Alex Tachmes, with the law firm of Shutts & Bowen, 200 South Biscayne Boulevard. Mr. Chairman, before I get into my remarks, I just want to say we do object for the record to the claim “intervener status.” The person has not indicated how they qualify for intervener status under the City's Code; notwithstanding that, if she wants to have a couple of minutes --

Chair Hardemon: We're not granting her intervening status at this time.

Mr. Tachmes: Okay. And I would ask -- I have no problem with you giving another few minutes to speak, but I would reserve a couple of minutes for rebuttal, which is typical for the applicant.

Chair Hardemon: Yes, sir.

Mr. Tachmes: In the interest of time, I'm going to try to be as succinct as possible, but there's a lot of things to cover, but I'm going to try to be succinct. First of all, we're here tonight representing 1300 Coral Brickell, LLC (Limited Liability Corporation), which, as Commissioner Carollo indicated, is the applicant on an application to rezone a parcel of property to the rear of Coral Way and -- I don't think I have a walking mike. Do we have walking mikes? Just really quickly to show you on the Google Map, so -- okay, so Coral Way is this yellow line right here. Our clients own these two properties right on Coral Way, and this is the property in the rear that is the subject of the application. And just to reinforce what was stated earlier, we're -- the project is going to be built as of right with regard to Coral Way, so the application only relates to a rezoning change and a change of the Comprehensive Plan involving that rear parcel; that's it. So, we're a T6-8 on Coral Way --

Chair Hardemon: Pardon me. Excuse me.

Mr. Tachmes: No problem.

Chair Hardemon: I thought you were trying to hurt me. You know, I got to watch these guys, too.

Commissioner Carollo: One of the books.

Chair Hardemon: Continue on, counsel.

Mr. Tachmes: Thank you. So, this project just relates to -- and we're here just tonight to discuss the rezoning application for the rear parcel, which is bounded by Southwest 22nd Terrace and Southwest 13th Avenue. So what we're building on Coral Way is not the subject of the application. We're building it as of right, T6-8. We're going to be building eight stories, and we're not seeking any sort of zoning change with regard to the properties on Coral Way. Now, with regard to the application for rezoning change for the rear parcel, that you can see on the Google Map, there were so many false -- so many inaccurate statements made by the public that,

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frankly, it would take me beyond your 10 p.m. to go over them all, so I'm just going to kind of highlight the ones that are most germane to the discussion. And I understand that neighbors have a concern about change in a neighborhood, and they're worried about any time there's some sort of change in the neighborhood, but if you look at the specific facts of this application, you'll see that this is not this terrible monster project that everyone is painting this thing to be, and I'm just going to rattle off a few quick points. First of all, one of the key unique aspects of this application is that the property we're seeking to rezone has been a parking lot for over 40 years, so this isn't a case where we're introducing a new use to a neighborhood. We're not taking a single-family home or a townhouse and changing it into a commercial use. We're not introducing an industrial use into a residential area. We're taking a property that has been a parking lot for over 40 years, as documented by the City's own aerial maps of uses, and putting a structured parking garage on that lot; no introduction of a new use. The same use that has been there for nearly half a century will be there, so that's the first point. No change in the character of the neighborhood, because we're not changing any use. Secondly, we're not increasing density. We have proffered a covenant, which has been form -- approved by the City Attorney, making it clear that even though the rezoning and the comp plan change normally would lead to an increase in density, our covenant makes clear that we will not be increasing the density of the project. And despite what has been said, a covenant is a legally binding document; it's used all the time in the City of Miami. It is so air-tight, frankly, that it can't be changed without the approval of the City Commission. We can't stand up tomorrow and change it if we want. And it runs with the land, and it's recorded. In addition to that, I would point out that another issue that people often raise with a rezoning is will that allow other uses to be brought into the neighborhood, such as retail or office or commercial? Again, in the covenant that we proffered with the City, we're explicitly stating that there will be no new -- no uses of retail commercial of any kind on that rear parcel. So on the parcel that is currently a surface parking lot and has been a surface parking lot for nearly half a century, all we're seeking to do is improve an unattractive surface parking lot that currently attracts homeless in the evening, and place a three-story, 40-foot parking structure, lined with apartments on the same property. That's all we're seeking to do. A few other points, Mr. Chairman, to raise. There had been neighbors who have spoken in favor, and there are neighbors who spoken against. We have collected approximately 70 signatures in support of this application, and we're happy to turn in copies of the application -- of the letters of support to the Clerk. Again, 70 letters in support. I know there was some commentary from one of the objectors about whether or not there was -- they were homeowners or renters. Naturally -- and that's not a very solid argument. The City Code makes no distinction between homeowners and renters. Renters have as many rights as a homeowner to object or support a project. The bottom line is 70 letters in support from neighbors; and you can see from the map here that we've put together with the multiple green dots, it shows that the support is widespread in the community. One other issue that speaks to how -- to the great benefits of the project are the economic benefits that will result from a project of this type. We had an economic study done. And if this rezoning is granted, the property will generate nine times more money in real estate taxes than the property is currently generating right now. It will generate over $400,000 in permit and impact fees to the City of Miami. It will generate jobs. It will provide a $2 million positive economic impact to the City of Miami; and, of course, it will provide an infusion of development and capital and new construction to an area that, frankly, has been dilapidated for quite some time; an area that has a lot of tired storefronts; an area that hasn't attracted a significant amount of investment in the past. One other -- another couple of issues to raise. The -- with regard to Miami 21, the project is fully in compliance with Miami 21 and its principles. One of the key aspects of Miami 21 is transitional zoning, so the concept is they don't want -- Miami 21 doesn't contemplate or doesn't want abrupt zoning changes between abutting properties. What we're doing here is we have T6-8, which is across the street where you have a gas station, you have heavy intense uses; and then you have T4, which will be the property that we're seeking to rezone; and then T3 right next to it. Here's the map that shows you -- 13th Avenue is obviously the heavily traffic major road. T6-8 is here; gas station is on the corner; and so, from the transitional zoning standpoint that is supported by the City and Miami 21 is from T6-8 to T4 to T3, so that's exactly what Miami 21 contemplates, and that's what we're

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doing tonight. As far as the scale of the building, currently the T3 district allows townhomes and single-family homes, so you can do a townhome now of 25 feet and two stories. You can also do -- there's a lot -- there's height encroachments and height that you can increase -- go over the height of the 25 feet with stairwell, elevator bulkheads, and the like that would go above the 25 feet. So our property is going to be 40 feet and three stories in the rear parcel. You're looking at about a difference of maybe 10 to 15 feet. It's not the monstrous project that they're painting it to be. It's not going to be some sort of 10-story building; one more story, 15 more feet. And, Mr. Chairman, I'd just like to make a final point here, and then reserve a couple of minutes for rebuttal. Ultimately, you know, this is not about what a handful of neighbors want who may be objecting, or a handful of supporters, or even what our client as the developer may want. This is a policy decision for all of you as policymakers, and the question is, do you want a project that is a modestly scaled, controlled project like this to lead to an infusion of capital investment to this area that is going to provide jobs, that is going to remove a surface parking lot that is unattractive with an attractive structure, with apartment liners that will make -- beautify the neighborhood and provide economic incentives? Or do you want to continue the current situation on Coral Way? Do you want to continue the situation where -- you know, there's been a lack of new construction. There hasn't been a lot of investment. There hasn't been the kind of infusion of capital and gentrification that you've seen in many other parts of the City, including, Brickell, and Wynwood, and downtown, and other parts of the City. Coral Way --

Chair Hardemon: Is that really the question though? Is that the question that we have to decide?

Mr. Tachmes: Well, that's one of the questions. The narrower question is whether it complies with the zoning criteria. I'm just trying to paint a larger picture.

Chair Hardemon: I hear you, okay.

Mr. Tachmes: Point well taken, Mr. Chairman.

Commissioner Carollo: He's a lawyer.

Mr. Tachmes: So -- I can tell.

Commissioner Carollo: These lawyers.

Mr. Tachmes: Mr. Chairman and Commissioners, I would just like to reserve a couple of minutes for rebuttal, but in the end, the key issues are we're seeking to replace parking with parking, which is not a new use, no increase in density; and we're eliminating any possibility of any new uses, such as commercial retail or office being introduced into the neighborhood. Thank you.

Chair Hardemon: Thank you very much, and your rebuttal is noted --

Mr. Tachmes: Thank you.

Chair Hardemon: -- that you will have those minutes. And as indicated earlier, I will open up the floor for five minutes to allow representative from the opposition, not the intervener, to speak.

Ms. Tenny: Well, I will make my presentation first, and then will have the five minute after.

Chair Hardemon: You have five minutes.

Ms. Tenny: No, I have a little bit more, I believe.

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Chair Hardemon: You have --

Ms. Tenny: -- because of my --

Chair Hardemon: You have five minutes.

Ms. Tenny: -- stance as a intervener.

Mr. Suarez-Rivas: This body hasn't granted intervention, but what -- the Commission has not granted the intervention. What the Commissioner said is that they will allow you to speak and to ask a few questions, so please proceed.

Ms. Tenny: Okay. Again, I need to -- do I need to give you my name and address again? No? Yes. My name is Nora Tenny, and my home is 1325 Southwest 22nd Terrace. I am compelled to speak up at this meeting, because if there's anyone more affected by the petition wanting to change a residential zone to a commercial, it's me, and I am against it. I will --

Commissioner Carollo: Mr. Clerk, will you hold the time for a second? Ms. Tenny, I have been looking at this poster for the last hour in front of me. Can you point out to your house in that poster? Which is your house? No, no.

Ms. Tenny: (UNINTELLIGIBLE).

Commissioner Carollo: Okay, understood, understood. Thank you.

Ms. Tenny: I will bring up points that will show you why you should absolutely deny the petition. I am very -- I am the very next-door neighborhood to this owner. We share the fence line. I know there are four owners, but I will address them as a single person for the sake of efficiency. I and my neighbors all bought our homes here knowing of the commercial properties behind us, but also knowing that even if they built anew, there would be a 26-foot setback, and I can live with that, but not with this arpeggio. That means, “or crashing into” our homes and our street. I want to just quickly show you -- Okay. The lawyer originally told us that the setback behind our homes was going to be 20 feet, but that was not true. This is my greatest concern. With the corner parcel in question as it is right now, a residential lot, he could build a structure behind my house 6 feet away, not 20, from my property line, but at least it would be only for the first two floors. The third to the fifth floor -- as you can see the corner drawing at the bottom, you can see the three setbacks. The third to the fifth floor have to be 26 feet away from my fence; any additional floors have to be even further away.

Chair Hardemon: Question, Vice Chair.

Vice Chair Russell: I'm sorry; just to clarify. Are we talking about the parking structure or the Coral Way structure?

Ms. Tenny: This would be the building right behind my house.

Commissioner Carollo: The Coral Way structure.

Vice Chair Russell: So we're not talking about the parcel in question? We're talking about the Coral Way structure right now?

Commissioner Carollo: If I may, and I want to make sure that I'm in the sunshine. I think what she's saying is this is as of right. This is if you approve it, they get to now get extended, and that's the same thing as what's been shown there by Ms. Mann, actually, in the last meeting and this meeting. So as of right, you could do that. If you grant the zoning change, now that T6-8

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can extend.

Ms. Tenny: This is abutting the T3. They have to go up 25, step back, go up, step back. If they have (UNINTELLIGIBLE) --

Commissioner Gort: Put the mike in front of her.

Ms. Tenny: If they --

Mr. Suarez-Rivas: You need to speak only into -- we can only speak into the microphone audible to everyone, please.

Ms. Tenny: Okay.

Vice Chair Russell: But again, we're talking about the parking structure that's in question to be changed?

Ms. Mann: Right. If they change the land use for that parking structure, what it does is that it allows then the building on Coral Way, instead of being two stories up to protect the single-family home, it goes up five stories, then in, and then up. So in other words, this would be what would be in her back yard.

Ms. Tenny: Okay. If you'll allow me please, the only reason I bring this up is because I want to make a point. I realize that we're talking about the parcel in the corner, but I'm also concerned about the future down the years, not just now. I want to speak in terms of feet in height, not floors. There's a huge difference. Construction used to be 10 feet per floor; now it's 14. So you may think, “Oh, it's 50 feet for five floors” behind my house, but it's not. The first floor can be 25 feet, like the lawyer stated, plus 14 feet for each of the next floors, four floors. That's 81 feet. 81 feet, Commissioners. This is like eight floors, and that's only to the eave, so you can add even more feet to the top of the roof. Now, they may try to persuade you by changing their plans and schemes -- I mean, schematics, presented deeper setbacks, but you know, let's not be deceived. They can change their minds any time. In fact, they've already changed their plan several times. They could even decide not to build at all. Even if they got their T4 zoning, they could even decide to sell the property, and then a new owner -- listen to this -- then would not only have the T4 already in their purchase but could totally start anew, fresh, and with a new construction plan, and that would include an 81-foot-tall building right behind my house. I mean, life as a -- for me, my life as a senior in the home of my dreams would be ruined if the parcel next to me was rezoned. I love my neighborhood. I dreamed and worked hard for 30 years to live in this neighborhood with all my family members, and now that I finally reach my goal at my -- I have to battle like this at my age? It's not right. It's not right. Commissioners, please, put yourselves in my shoes. If you had your -- one-floor home like mine, where your children and family gathered in your backyard, how would you like to have that 81-foot-wall smack against your fence? That's what would be in the back of my house. And next to my house -- now they're talking about a three-story -- three-story garages. Well, that's brand-new. I -- this is the first time I hear of that. They've been talking all along -- we've been at these meetings for like eight sessions. They've been talking all along about three townhouses with three floors, and that height would be about 42 feet. That -- in the old ways, that was like four floors. You realize that most all the homes, 72-year-old homes on our blocks are one-story for the majority. We, the neighbors, don't have -- don't want any homes built on our blocks higher than two floors, and that is per our present residential Code. When the other owner purchased the property, he must have considered that there was a chance that he would not get the rezoning, so he had to have a plan to build without the rezoning, and that meant building with parking perhaps underground or scaling down his project. So I say build a new office building, a beautiful office building. We are not against beautifying Coral Way. We welcome that.

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Chair Hardemon: May you come to a conclusion?

Ms. Tenny: Hmm?

Chair Hardemon: May you come to a conclusion, please?

Ms. Tenny: Okay. Just -- thank you. As soon as I finish this paragraph, please.

Chair Hardemon: Yes, ma'am.

Ms. Tenny: This is my home. I'm right next to these people. So I say build with the zoning that you have. Build with the zoning that you have. You can build excellently, beautifully with what you have. Office buildings down to Coral Way, they have their underground parking. Please, don't come in, barging into our residential neighborhood disturbing our peace and quiet of our blocks. This man may own the property, but he does not own the zoning. That belongs to the community. He's one owner. We are many owners right in the area. We are the majority. If we are to uphold the Miami 21 planning for this area, which protects citizens like myself, we shouldn't even be arguing about this matter. The mere attempt to bypass the required square footage to build their plan, the required setback to protect residential properties is an affront to you, Commissioners, and to the planners of the City. Commissioners, I beseech you. You are my representatives. Do what you know is in your heart to be right. This is your opportunity to be the defenders of our residential neighborhood. Thank you.

Chair Hardemon: Thank you very much. I appreciate it. Sir, you have your rebuttal.

Mr. Tachmes: Thank you, Mr. Chairman. I'd just like to make a few quick points. First of all, with regard to Ms. Tenny's home, she's in a T3, and so the property -- the tower that faces her home will observe all the T3 setbacks. So whatever the Code requires for a T3 setback of a T3 zone will be observed with our project. You can confirm that with the Planning Department. That's exactly what's going to happen; be no difference in terms of the tower that's going to be next to her home. T3 setbacks will be fully observed. Secondly, with regard to the 80-story-building that she claims will be next to her or, I guess, between her and Coral Way. The zoning in that district is not anything we're changing, so we're building that tower in T6-8 in accordance with what the zoning is; and, obviously, she purchased the property knowing that she would be abutting a commercial street. We're not changing the zoning. We're just building in accordance with what the zoning allows, and that allows it a T6-8, and that's whether we rezone the property in the rear or not; we would have the right to build an eight-story building on Coral Way. Third, wanted to point out that with regard to the parking garage structure, we will have a apartment liners, which is -- we've always said from the beginning, so you can see from the rendering here that it's going to have apartments on the outside that will be lining the outside of the structure, and then, of course, the parking structure will be next to that. I'd also like to make a point for the record, just so you're all aware, the history. We have had some discussions with Ms. Tenny in the past, at the beginning of this whole process. We were in discussions, actually, with her to purchase her home; and if we had purchased her home, naturally, she would have dropped her objection. We had reached a price that we thought was --

Ms. Tenny: No.

Mr. Tachmes: -- acceptable for both sides.

Ms. Tenny: No.

Mr. Tachmes: And at some point, Ms. Tenny requested we pay her a million dollars. At that point, our client said we wouldn't do that. But surely, if we had paid her a million dollars, which is what she had wanted to, she wouldn't be here objecting tonight.

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Ms. Tenny: No. That's not true.

Mr. Tachmes: Finally, Mr. Chairman, I'd just like to say, the three key issues: No new use is being introduced, no increase in density, no commercial, and we respectfully request your approval.

Chair Hardemon: Thank you very much for your time. The public hearing has been closed. All comments have been made. The record is clear about how we went about doing this. At this time, it is the opportunity for the Commissioners to either make motions, have discussions, with the goal of making a motion, but certainly, it's the time for at least the representatives that sit here to start to make their comments. Can you please remove all of these easels, please?

Ms. Mann: Mr. Chairman, can I just make a comment? It's very, very important.

Chair Hardemon: If you make a comment --

Ms. Mann: Brief comment.

Chair Hardemon: -- it is going to be less than 10 seconds worth of comment.

Ms. Mann: Okay. The site plan, this is the first time we ever see it. It wasn't even on the record. It's part of the covenant. The covenant is -- hasn't even been talked about, and that's all tied into this upzoning.

Chair Hardemon: You did a great job.

Ms. Mann: And this is -- did I reach my 10 seconds?

Chair Hardemon: You had seven. Thank you. You're recognized, Mr. Commissioner.

Commissioner Carollo: Thank you, Mr. Chairman. I'd like to begin by thanking everyone that has come out, those that live in the immediate area and those that do not live in the immediate area. I appreciate Laura Oliate -- I think that's her name -- Oliate that did not live in the immediate area; just like I appreciate Ms. Sandoval that I know lives in Silver Bluff. And the street that you mentioned, Ms. Sandoval, I know very well; my mom lives in that street. As a matter of fact, the street that you mentioned, I know very well; my Mom lives in that street.

Ms. Sandoval: On my street?

Commissioner Carollo: No. On the one that you mentioned on 22nd Terrace, where you have the different buildings that have been up and all that, where it used to be a funeral home, and then it turn into a pharmacy, and then, I guess, eventually, those big buildings went up. But I appreciate you coming, even though you're not in the immediate area. And I just want to thank everyone, because, listen, it's 9:20 at night and everyone's here, so it's good to see that, you know, everyone's here and very passionate. I also want to be clear. There are more people in favor that are not represented in this meeting, I could tell you. I did walk quite a bit. So there are more people in favor. However, I also want to tell you that when I'm given these 70 signatures, which was part of the reasons why I decided, you know, it's time to do a Jennings disclosure and go out there, I could tell you right now, the same Wilma that -- Wilda that was given the letter back in November, I actually met with her, and had a nice long conversation with it. And even though it shows here in favor, I can tell you, she's not in favor. You know, most of you know that I have a very good relationship with many people in the City of Miami; and, you know, I had a good talk with Wilda, and she pretty much told me “no,” she's not in favor of it, so that was one of the reasons that I really wanted to start seeing -- when I started seeing names

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that were in the pros and the cons, and really see, you know, where -- what people really thought. Mr. Tennon [sic], there was two questions. I don't know if the second was a question. I think it was answered by Mr. Garcia. Second question is, you say you didn't get a chance to speak to me. I went to your house, and that's why I wanted to be very clear where you lived, and that's why I asked your wife to point to it on the poster. You actually were not home or, at least, there was no way for me to go in. I don't even think you have a doorbell, if I remember correctly, but you do have a gate. You were not home at that time, so that's why -- or at least, I wasn't able to make contact with anybody there, and I guess that's why we didn't get a chance to speak. It was --

Ms. Tenny: You left your business card.

Commissioner Carollo: Okay, so I was there. I didn't want to go as far as saying all that, but yes, I know I was there very well. I remember it clearly, and I remember the gate. So, usually, stuff like this, I take very seriously, so I have very good memory when it gets to residents and people and stuff of this nature. So I just wanted to point why I didn't speak to you. I also want to mention something that Ms. Mann said with the applicant changing it three times. I honestly do think that in good faith, the applicant was trying to adjust or see how he could work things out with the neighbors, so I see those changes as possibly, you know, a way to working out with the neighbors -- neighborhood. It seeme to me like those covenants are not good enough, though, and that's the representation, because I didn't see one person come up and say, "yes," that they were in favor of the covenants. Ms. Mann, since I mentioned you, you said that -- mentioning about Code enforcement and Police and so forth. I could tell you, it's not a CIP issue, because those streets were finally done, and I know we had to wait for a long time. I know Ms. --

Unidentified Speaker: (UNINTELLIGIBLE) they say there's homeless in the (UNINTELLIGIBLE).

Commissioner Carollo: Okay, hold on.

Unidentified Speaker: Street.

Commissioner Carollo: I get it. I know it's not a street. I know it's not a CIP issue, because we actually had to wait for a long time to actually get that done because of WASA (Water & Sewer Authority), and we waited for WASA in order so we don't have to break the street up more times and stuff like that, so I remember clearly. And now with all that said, I want to get a little bit more to the details of what I'm seeing, and actually, Ms. Mann mentioned some of it. If you look at the zoning for the majority of Coral Way, you will see that from 17th Avenue west is a T5; from 17th Avenue east is a T6-8, so you have leeway to build a little more, a little denser, a little higher. With that said, I feel uncomfortable where you do a zoning change behind it, and then it gives you yet, additional space to that T6-8, because I think, from the beginning, we were being lenient, if you look at the whole Coral Way section. We're definitely a lot more lenient than 17th Avenue west, so I like to start by there, because I understand what Mr. Leo de la Paz mentioned; and again, someone that may not be in the immediate area, but you know, we're all -- travel that area. Coral Way is traveled a lot. I'm sure our administrator could say how much that Coral Way trolley is used and how much ridership; so, you know, even if we don't live in that immediate area, it's a street is -- you know, I would say a historic street that is used quite a bit. And although I agree with regards to providing homes -- I don't want to use the word “affordable homes” there, but homes that, you know, are not Brickell-luxurious condominiums, but still, you know, very nice, livable; and I believe that Coral Way, little by little, will start getting into a degree where there'll be more smart construction in that area. The truth of the matter is, I think it's already pretty lenient with that T6-8, and I really do not like the fact that if we make this change that you will give additional units or additional density and height. Well, no -- yes, height, to a certain degree, to what you could do as of right. Although there are people in favor -- and I could tell you, yes, there are people in favor. And like I said, it's not representative of the

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people that are here. I could tell you, there's a lot of concerns. There's a lot of concerns from the neighborhood. And, you know, I don't -- to be honest with you, I couldn't do justice to what a lot of these people said. So with that said, you know, I'd like to hear from my colleagues, but I am leaning towards a denial for this zoning change, but I still want to hear from my colleagues to see what their opinions are. Chair Hardemon: You're recognized, Commissioner.

Commissioner Suarez: Thank you, Mr. Chair.

Mr. Tachmes: Can I make a 60-second comment, Mr. Chairman?

Commissioner Suarez: Yeah, go ahead.

Mr. Tachmes: My client is -- Commissioner, my client has just leaned over to me and told me that he's willing to reduce the height of the back piece to two stories and 25 feet, which is T3 height. So if we get an approval tonight, we'll put that in a binding document with the City, and the rear parcel will be two stories and 25 feet. And what we'll do is we'll take the roof off of the third floor where we're going to have parking, so the parking will be on the roof, but the height of the parking garage will be two stories and 25 feet, which is the same exact height as T3. The only thing is under T4, we had the ability to build a parking structure, which we do not currently have now with the zoning. So the only difference would be we'd be able to put a parking structure where we cannot, but it'll be the exact same height as the townhouse that would be there right now. We're willing to make that proffer.

Commissioner Carollo: Thank you for that proffer. I will need to discuss it with my Planning director, so I will probably need a couple minutes; and I'm just saying that, but I want the meeting to continue, because I want to hear from my colleagues. And I guess this is what the neighbors had said. Now, they don't really have a chance to like come back and speak and say, "yea" or "nay."

Mr. Mann: Mr. Commissioner, if I could make one comment that might help their case? I came across -- and I don't have it with me, but I came across a point in the Code that allowed for parking to be used in a T3 when it was grandfathered in, when it was nonconforming; that in -- under certain circumstances, at the discretion of the Commissioners, parking could continue in compliance and conforming in a T3; it does not need to be upzoned to T4. The objection we have is, partly, the scale of the parking structure. That's obviously -- and it's very helpful that you're willing to reduce the scale a bit. But the biggest point, the biggest picture overall is the precedent that would be set by flipping that to T4, because I'll tell you, all the way down the line, it would be a scramble to flip the rest of them. That's my only point. Thank you.

Mr. Tachmes: Commissioner, if we could -- if the Planning Department said we could do a parking structure with T3, we would do it in a second. We just spent a year trying to get the rezoning done.

Commissioner Suarez: Mr. Chair.

Commissioner Carollo: I understand.

Vice Chair Russell: I believe I've just been upgraded again for a moment while our Chair's away. Mr. Planning Director, Mr. Garcia, would you comment on that regarding leaving it at T3 but allowing for parking within; would that give them what they're looking for, and is that possible?

Mr. Garcia: Happy to do so, sir. The present zoning designation of T3-O, everyone might understand, is intended for duplex residential; and does not in any way, shape, or form, nor

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would anyone want it to allow parking structures, full stop.

Commissioner Suarez: Mr. Chair, if I may?

Vice Chair Russell: Please.

Commissioner Suarez: Thank you. So let me make a couple of comments. First, the phenomenon -- because I think you got to take a step back -- of Coral Way, in many ways, is what created a lot of the impetus for the Miami 21. If you look at Coral Way, particularly close to 37th Avenue, you have massive buildings, enormous buildings that abut duplex or single-family residential homes, and I mean, we're talking 14-, 16-story buildings, and there are many of them. I think the last time I counted, there was close to 10. When Miami 21 was enacted, many neighbors, many residents requested that Coral Way be downzoned to T5. I heeded their request. I put it on the agenda. There was very little objection by land owners in the -- in that corridor. And I could tell you that since then, some people have come to talk to me before they buy parcels on Coral Way, which I think is a smart thing to do, by the way, because I will tell them to value it based on what, you know, is the present zoning and what's allowed. Interestingly, I think you have an even greater sensitivity on the back lots, which are the T3 lots, than you even have on the front lots, which, you know, as the Commissioner said, are T5 and -- up until 17th, and then T6-8 going eastward. You know, when I met with the applicants, they have a beautiful project. They're well represented. And I wouldn't go as far as saying it's slum and blighted, sir, with all due respect, and I can understand why some of the neighbors would take offense to that, and I never really thought of Coral Way in that fashion. But certainly, that building and that area, that specific lot, just like many lots on Coral Way, could use a fresh perspective; and certainly, having workforce housing, which is something that we promote and have promoted. What I think you're hearing from the neighbors is they're not even objecting necessarily to the higher intensity of the front lot. What they're concerned about is the back lot. And so, when I spoke to you recently, I told you that, you know, you need to find a way to make sure that the back lot remains with the integrity of a single-family structure, and it may not be doable in the Code today. I understand the Planning director has serious heartburn about doing it, but if that's something that the neighbors are potentially suggesting, then that's maybe something worth looking at, because they're right. Many of them have said that if we -- whatever we do here, it's going to have ramifications, you know, without a doubt. It's not just going to be this property and this lot. There's going to be others that are looking at what happens, and they're going to try to replicate it, if you will. So, you know, I think, if there's a problem -- if the problem is that these back lots are single-family homes, and we don't want to breach the integrity of that corridor, then we need to find a solution; otherwise, I'm not sure what's going to happen with Coral Way, you know. And so, I think, you know, we definitely need -- it's a corridor that is a connecting corridor. It's a corridor that is a office corridor. My office is on Coral Way, by the way. I'm on a two-story building on Coral Way and -- but it is attached to a larger building, I have to say, even though I didn't approve that. That was nothing to do with me, but -- and it's a very nice building. Many of you have been there and to the office. But, yeah, I think -- you know, I did say to the applicants that I wanted to hear the district Commissioner's perspective; that that was the one thing that I didn't really have. You know, I had pretty much everything else that I needed to think about this application, and that I would give it a lot of weight, because the fact of the matter is, that's what we do. You know, we give each other a lot of weight and deference. So, you know, I'll support the denial, if that's the -- you know, if that's the motion that's made, but I also think that we need to solve this problem, because this is not the first time that this is going to come up. This is going to be a continual thing that's going to come up the corridor.

Vice Chair Russell: Thank you.

Commissioner Gort: This is why I discussed about the amendments. When we went from 9500 to 1100, they had to make a lot of amendment, because it doesn't work all across. And when we

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went from 1100 to 21, he can tell you all the headache, because it does not apply to all the City. I don't believe this is a blighted area. I think this is a beautiful neighborhood. Now, all you have to look is the difference between 17th and 22nd, 22nd to 27th. Once you go beyond 27th where they allowed all those construction take place in the back, look what happened across the street, and that's the things we have to look at. I agree with you; I think we have to -- the Planning Department, once again, here's where he's got to look and create maybe another amendment where this can justify everyone, so -- I don't think it was really 300, but whatever amendment was made, because it was necessary to fit the neighborhood.

Vice Chair Russell: Mr. Garcia, I want to go back to the point you mentioned full stop, that this was not an option to add parking to a T3 because it's not the intended, but is there precedent where it's been done as the resident mentioned?

Mr. Garcia: No. I'll elaborate a little bit. I'll first restate my assertion, which is T3-O, along with T3-L and T3-R, are intended to be low-density residential areas, and I think it is counter to the intent of the ordinance to allow for parking structures to be built in areas which are intended to be primarily low-density residential, so that is the cause for my quick reaction, perhaps my aversion to the idea in T3-O or T3-L or T3-R. That said -- and I believe what they may have been referring to, those who said that there may be exceptions, if it is a grandfathered use, and here there does seem to be a surface parking lot that already exists, that surface parking lot, if it still qualifies as grandfathered, could be improved so as to accept some parking on an ongoing basis. What the Zoning Ordinance does not allow is for a parking structure to be built on that site.

Commissioner Suarez: But may I just colloquy, Mr. Chair?

Vice Chair Russell: Of course.

Commissioner Suarez: I think what they're saying is the -- you know, the use is grandfathered, so the use is already there. The issue is the height.

Unidentified Speaker: Right.

Commissioner Suarez: It's the height and how it affects the neighbors.

Mr. Tachmes: That's why we proffered two stories, 25 feet.

Commissioner Suarez: I know. I get it, and I think that's why we're having the conversation. If you wouldn't have done that, we wouldn't even be having this conversation right now.

Commissioner Carollo: Right.

Commissioner Suarez: And I appreciate that, and you know, I think that's the right thing to do. But what I'm saying is that this issue is going to happen along Coral Way, okay; and I suspect that, you know, whether someone comes to me before they purchase the property or after they purchase the property -- I've also had people come after they purchased, requesting specific up-zonings of Coral Way. So, you know, what I always tell them is, "If you're going to buy a property, buy it within the zoning envelope. If you want to change it, talk to the residents," and that's what I say, so, you know -- but this issue of the back lot being a T3 and maintaining that integrity, it's a big issue, because it's the whole 22nd Terrace all the way through.

Vice Chair Russell: Well, I'd like us to find a resolution tonight on this. I'd like us to see if we can come to a meeting of the minds. I'm very impressed with both sides that have come forward. I'm actually really moved, because -- I'm actually torn, is where I am. I see a developer who is -- who has the intention in what they presented tonight with putting townhomes on the backside of

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the lot facing the street and masking the parking behind; that they're intending to continue the look of residential along that street. My concern at that time was that that residential, even though it's three stories, and that doesn't suit, but now they're already proffering down to two stories -- I assume the residential and the parking as well -- I think that's a good gesture. Also, when we met, you presented that the project -- I had a couple concerns, and one was that there were some very large trees on that lot, and Santiago Echemendia was in that meeting, and he knows how I feel about trees. And so, I asked if those trees could be preserved as, you know, a part of this agreement, and that was said to be “yes.” And the other thing that really concerned me that I needed to be solidified in stone was that the entrance to that parking structure was always going to be on 13th Ave., and that it couldn't suddenly change and sneak around and be on the residential side so that it wouldn't, you know, continue to add traffic. So I felt a lot of cooperation coming from the developer in terms of the intent to try to appease the neighborhood and still gain the parking that they're trying to gain. So I think we've got some common ground here, and I'm looking for creative solutions.

Commissioner Suarez: But this goes to Commissioner Gort's earlier point, and I say this often, and I'm going to say it again. Miami 21 is like an operating system -- I'm sure many of you heard -- have heard me say this -- and it has glitches; and, you know, we're constantly fixing the glitches, and this may be one of those glitches, and it's -- sometimes it tries to fit a round peg in a square hole. You can't always get the right outcome until you mold the right outcome, and it just may not exist within the current, you know, envelope of things, the current buffet of things that you can access to make it happen for the neighbors to be -- you know, for the neighbors to be at ease that it's the right thing and that it's a legally binding thing.

Vice Chair Russell: Well, that is part of our job, and to have a Planning director, such as Mr. Garcia, it's -- he's an encyclopedia. And the intention of Planning & Zoning is there, and it seems to be our job to also bring the human element and represent the neighbors and see where we need to customize it. And as painful as that may be to the perfection of the zoning system, we have a -- you know, we're humans, and we're imperfect, so we need to be flexible. And so I'm looking for some flexible solutions here tonight, and I --

Commissioner Carollo: Mr. Chairman.

Vice Chair Russell: -- pass the gavel back.

Chair Hardemon: Is there a motion on the floor?

Commissioner Carollo: No, not yet. We're still sort of molding this, and see if we could find some consensus, and that's where I want to go with what Commissioner Russell said. That was very well taken. Mr. Garcia, is there anything in our -- in Miami 21 that will fit the zoning that was described, that appears to be okay with the residents?

Mr. Garcia: So the crux of the matter as pertains to the solution you're seeking happens to be the parking use that is sought by the applicant on this land. Two steps: The first one is the parking use presumably exists. I cannot tell you now whether it's grandfathered or not. I don't know if it's been in use or has a certificate of use, but even assuming that it were grandfathered, what they are proposing certainly is an intensification of the parking use, and that would not be allowed. As a grandfathered use, as you know, as we've discussed earlier, you can remain in operation on a very limited basis. This would clearly be an intensification, a doubling or tripling of the use, and that would not be allowed under the grandfather clause, step one. Step two then is, what is the first zoning designation that allows for that parking use to happen on that land? And that happens to be T4-L, which is what they are requesting. Now, T4-L allows the three stories, which are possibly problematic, and the only way around that that we have available to us today is what I think the applicants are proposing, which is to covenant themselves, restrict themselves to a two-story height as opposed to a three-story height.

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Commissioner Suarez: Mr. Chair, if I may?

Chair Hardemon: You're recognized.

Commissioner Carollo: And --

Commissioner Suarez: Thank you. So again, that goes to the square peg/round hole issue, which is -- and the residents don't feel comfortable with that, and so the --

Commissioner Carollo: Because of a covenant.

Commissioner Suarez: Right. So the issue is, instead of getting a square peg and fitting it in a round hole, why can't we get a round peg to put in the round hole, which is the appropriate --? Because like I said, this is not going to be only in this parcel. I think Mr. Mann articulated very, very well. This is a sort of precedence -- and I know that -- listen, I went to law school. I know the "slippery slope" argument, and the counter to the "slippery slope" argument, which is, no; you do these on a case-by-case basis, but the fact of the matter is this condition exists throughout Coral Way, from, you know, all the way to 37th. So we might as well deal with it now in a way that serves the residents that are going to be impacted by these decisions, you know. So, you know, I think you can figure it out. To the Vice Chair's point, I think you can find a way to figure it out, but it -- I don't think that the square peg/round hole is the right solution, and I don't think that the residents are going to be okay with that.

Commissioner Carollo: Mr. Chairman.

Chair Hardemon: You're recognized.

Commissioner Carollo: With that said, would it then be appropriate to deny this request, and then bring back to this Commission some type of change -- an ordinance changing Miami 21 and creating a new zone --

Commissioner Suarez: Classification --

Commissioner Carollo: -- classification --

Commissioner Suarez: -- in T3.

Commissioner Carollo: -- of the zoning in order to be a two-story with the parking that they want, so the two-story will be a buffer; it will be in the same height as some of the houses that are being built in the area or is allowed; and at the same time, they still have a parking structure in the back that will be buffered by those -- by that two-story liner?

Commissioner Gort: Yeah, you can do that.

Commissioner Carollo: And I think that's what you'll --

Mr. Tachmes: But, Mr. Chairman, Code amendments are going to take another 12 months, and we don't even know if the residents will support it. We're now giving the residents what they want. They wanted two stories and 25 feet. We're basically like doing everything they want, and we're still getting no cooperation.

Commissioner Carollo: It's not "no cooperation," and I get -- what happens is that, unfortunately, I know that a lot of residents are skeptical. I'm somewhat skeptical up here on the dais sometimes, and I call it "professional skepticism," which is an accounting term, but anyways -- and

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what it is is that they're skeptical that, yes, they have a covenant, but two, three, four years from now, people forget about that covenant, and then they build and --

Mr. Tachmes: How could they forget about --? It's a recorded instrument. Speak to your City Attorney.

Commissioner Suarez: Mr. Chair?

Mr. Tachmes: There's --

Vice Chair Russell: You're recognized.

Mr. Tachmes: I mean, I --

Commissioner Suarez: Look, I think -- I understand --

Mr. Tachmes: I mean, I just don't think it's fair to our client --

Chair Hardemon: Sir?

Mr. Tachmes: -- and everything we're trying to do.

Chair Hardemon: Sir?

Mr. Tachmes: I really --

Chair Hardemon: Sir?

Mr. Tachmes: -- really don't think so, and I think --

Chair Hardemon: Sir?

Unidentified Speaker: He's (UNINTELLIGIBLE).

Commissioner Suarez: Can I --

Chair Hardemon: Well, it's been given (UNINTELLIGIBLE) Commissioner Suarez.

Commissioner Suarez: Thank you.

Commissioner Carollo: And Mr. Chairman, if I may?

Chair Hardemon: I'll -- You, then Commissioner Suarez.

Commissioner Suarez: Thank you.

Commissioner Carollo: Thank you. And I -- and listen, in good faith, Mr. Tachmes, we're trying to see if we could find some consensus, okay? And that's why I, you know, brought this to Mr. Garcia to see if it could be done. I don't know what the process; I don't know how long it would take. So you're saying it would take 12 months or -- you know, I'm not sure it would take that long. I'm looking at -- I mean, I don't know. Do we need -- other than -- an ordinance takes two hearings, so that's what I was looking at.

Commissioner Suarez: Yeah.

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Commissioner Carollo: An ordinance takes two hearings, so I figured a month, a month and a half, you know, but -- so I don't know where you're coming up with the 12-month timeline.

Mr. Tachmes: I'll defer to Francisco.

Commissioner Gort: Come on.

Mr. Tachmes: But, typically --

Commissioner Gort: Let's go, guys.

Mr. Tachmes: -- my experience, they're not that quick.

Vice Chair Russell: Mr. Chair?

Chair Hardemon: You're recognized, Commissioner Suarez, and then --

Commissioner Suarez: You know what -- did you want to jump in?

Vice Chair Russell: Go ahead.

Commissioner Suarez: Look, I was going to sort of say the same thing. I don't think it's going to take 12 months. I understand his skepticism, his -- your skepticism on your side of the ledger. This is something that's important to the whole corridor. This is something that has to be done for the whole corridor. In other parts of Coral Way, for example, I'm thinking -- I had a client that had a unit on -- right before 22nd and Coral Way, and they had parking that went down a level, and I think the neighbor who expressed that they didn't have any issues with a parking that would go down a level; so, you know, you can do a parking garage, if you will, that's three stories, that's one level below and two levels above.

Mr. Tachmes: It's not allowed in the district. It's still structured parking.

Commissioner Suarez: No, no, I get it. But what I'm saying is, what we're trying to do is we're trying to create a situation where it would be allowed, and it's something that has to be fixed not only for this property; it's something that has to be fixed throughout the 22nd Terrace Corridor. It's -- so it really is something that has to be fixed comprehensively.

Vice Chair Russell: Mr. Chair.

Chair Hardemon: You're recognized.

Vice Chair Russell: I'd be in favor on working on something that would fix 21 over that period of time, but I'm hoping we can find a solution tonight between these two groups. I think we're close. I mean, if we can find something within the T3 and the grandfathered use of the parking that allows -- because it sounds like it's not as much the project, even -- especially now that we're scaling it down some, and it does have the residential fronting. It's not so much the project as is the zoning change that is really scaring the neighbors.

Ms. Mann: Can I bring into evidence something that was recorded from the very beginning of this application? They were looking for a T6-8 on this property. They were not looking for a T4.

Mr. Tachmes: That's --

Vice Chair Russell: And it goes to show you --

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Ms. Mann: This is public record.

Vice Chair Russell: -- how far they've come to what they're trying to do to accommodate the neighbors.

Ms. Mann: Because the Planning Department did not allow them --

Vice Chair Russell: Understood.

Ms. Mann: -- because it's not a transitional.

Mr. Tachmes: That's completely false.

Ms. Mann: A T4 is --

Mr. Tachmes: Completely false.

Mr. Mann: Mr. Attorney, it's right here, in writing, from your client; black and white.

Mr. Tachmes: Commissioner Carollo, can I suggest something? In the -- considering it's 10 of 10 and -- why don't we --? I would recommend that we defer the item, and then we'll have a chance between now and the next meeting to find -- to speak to the Planning Department and the City Attorney to see if there's a solution. And if you think a Code amendment is the way to go, we can hold it off until we work through the Code amendment process, but that way we don't get a denial, and I think that would give time for -- to explore the new proffer we made, and not do a disservice to our client who's been at this for 12 months.

Ms. Tenny: I was -- I'm the person right next to this, and you told me I only had the five minutes. I gave my little speech, and I had no time for rebuttals; and this man, he just keeps coming up --

Chair Hardemon: There's no need --

Ms. Tenny: He keeps coming up. He just keeps coming up.

Chair Hardemon: -- for need for a Chairman.

Ms. Tenny: And just keeps coming up.

Chair Hardemon: No need (UNINTELLIGIBLE) order.

Ms. Tenny: He needs to sit down.

Chair Hardemon: Everyone -- anyone else would like to step up and say a comment or two? We have keep this in mind. This is why we have rules. This is why we follow them. I try to be as close to the rules as possible so that everyone has an expectation of what -- when they come --

Commissioner Suarez: You're pretty nice about it, too.

Chair Hardemon: -- to speak before us, this is how things are going to go, so someone doesn't say, "You know what, Commissioner? You treat me this way, but you treat this person that way.” The only way that I can treat everyone the same is by following the one rule that has been posted and everyone understands clearly, but you make it very difficult for me. So I can just -- it's -- I mean, it's -- go ahead; the floor is yours. I know one thing: The last item in this room to be discussed is at 10 o'clock, right? We've all been here together, and the only way that you can get around that is by unanimous consent of the vote of the Commissioners present. You don't have

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my unanimous consent. We have to learn to get our business done in a timely manner, and that's what we have to do, so go ahead.

Commissioner Carollo: Thank you, Mr. Chairman. Again, I'm trying to find a consensus. I think we're close; I just don't think we're there yet. I don't think the residents are going to be comfortable with a covenant, and this is even from past experience. I know the residents will not be comfortable with a covenant. I'm trying to see how to mitigate this where both parties, you know, come together. I've thrown out different options from denying, and then bringing it back, and setting a different Code just for this. I'm not necessarily opposed to a deferral, but I could tell you, the neighbors are not going to be happy with that, so it's -- go ahead, Mr. Gort.

Commissioner Gort: Unfortunate, we made it -- when they came back for the -- it was deferred for the third time, we said it would not be referral [sic] anymore. That was the commitment that we made.

Commissioner Carollo: Then I will make a motion to deny, and --

Commissioner Suarez: Second.

Commissioner Carollo: -- at the same time, by the next Commission meeting, if possible, could you bring back an item on first reading that will address this issue; in other words, the two stories frontage and parking in the behind?

Mr. Garcia: The reason I cannot do that, sir, is I would first have to draft it. I would then have to take it to the Planning Zoning & Appeals board, because it would be an amendment to the Zoning Ordinance, and then it would come to you. So what I'm happy to do by the next meeting, certainly, is after having met with some of you and some of the stakeholders, is craft an amendment to Miami 21 that begins to deal with this issue, and I know plenty of people have much to say about it. That I'm happy to do. The --

Commissioner Suarez: Can we do one extra thing?

Mr. Garcia: -- (UNINTELLIGIBLE) process would take approximately three months.

Commissioner Suarez: Okay, so you're saying three months. Can we get a public status update for their benefit in two weeks on our progress? I'm interested in this as well, because this is going to affect not only this property, but this is going to affect the entire corridor going west.

Commissioner Gort: Corridor.

Commissioner Suarez: So I think, in fairness to them, we should give them a status update in two weeks, and I'm perfectly fine giving them a status update every Commission meeting until it's done, but --

Mr. Tachmes: And that's fine. I just --

Commissioner Gort: Okay.

Mr. Tachmes: I really, really -- sorry, Mr. Chairman. Just a denial is -- I think it should be deferred until we resolve this.

Commissioner Gort: Call the question.

Commissioner Suarez: Is there any hardship that they face, other than --? I mean --

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Commissioner Carollo: Right. What's the hardship in denying? I don't get it.

Commissioner Gort: Call the question.

Commissioner Carollo: Do we withdraw --

Chair Hardemon: The motion -- the question has been (UNINTELLIGIBLE).

Commissioner Carollo: Mr. --

Mr. Suarez-Rivas: You can't -- well, right. If --

Commissioner Carollo: Could we withdraw it? No.

Mr. Suarez-Rivas: No. It's -- you could defer it --

Commissioner Carollo: (UNINTELLIGIBLE) withdraw it.

Mr. Suarez-Rivas: -- if the Commission wanted to, or you could deny it. That's the will of the Commission. If -- right. If you do deny it, you cannot bring back the exact same application, you know, under Miami 21 for a period of time.

Commissioner Gort: It would have to be (UNINTELLIGIBLE).

Vice Chair Russell: Mr. Chair.

Ms. Mann: (UNINTELLIGIBLE) period of time before it could come back.

Commissioner Suarez: Is there any fees that would be associated with them having to reapply with the new --?

Vice Chair Russell: While he's looking it up, Mr. Chair.

Mr. Garcia: Yes, in response to your question, the prejudice associated with that motion would be, first, that the same application cannot be brought back to this Commission within a period of 18 months, first; and second, that a new application, of course, would have to go through the same fee process.

Commissioner Suarez: Or we would clearly waive that, because obviously, we're telling them that they -- we have a solution. I mean, we're not going to make them go through that.

Mr. Garcia: However, if what is contemplated is that an amendment to the Zoning Ordinance be completed, which would then allow them to file a different application, that's certainly a possibility.

Commissioner Gort: Yeah.

Commissioner Suarez: Okay.

Vice Chair Russell: Are we not deferring simply because we promised not to defer before and --?

Ms. Mann: The City has --

Vice Chair Russell: Pardon me. And if we defer -- well, it's almost the same as denying and then

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asking them to come back; the neighbors will have another chance to speak, if they wish, but they don't want to. They don't want to. Their voice is on record. The concerns you have are on record, and we understand, and we're trying to come to consensus here tonight. The limitations within the zoning are difficulty at the moment, and that's what we're trying to address. What you don't want us to do is upzone to T4 with the restrictions and covenants, because that's going to then create the domino effect you're concerned about. I'm trying to find an embellished T3 with a grandfathered use that might meet both sides of the needs, but we have a motion to deny and a second at the moment, and we're trying to see if we can come to a consensus tonight.

Ms. Mann: Can I just say that the City of Miami could be a sponsor on this? They can be a sponsor on this change to -- the amendment to Miami 21. It does not have to be the applicant.

Mr. Garcia: Not on a private property, sir, no.

Commissioner Carollo: Say that again, Francisco. Elaborate a little bit more on that.

Mr. Garcia: There is no interest for the City to be the applicant for a zoning change for a particular property for a particular project.

Commissioner Suarez: No, but wait.

Mr. Garcia: There has to be a public purpose that I'm alluding to.

Commissioner Suarez: But can I say something on that?

Commissioner Carollo: Yeah.

Commissioner Suarez: You could theoretically rezone that back parcel of 23rd Terrace if we -- this is a solution?

Mr. Garcia: Yes, of course. If it were -- if it encompassed more than one property for a specific --

Commissioner Suarez: Right.

Mr. Garcia: -- public purpose reason, by all means.

Commissioner Suarez: And I think it would make sense, because that's what we're talking about here. We're talking about protecting --

Commissioner Gort: You can do the whole corridor.

Commissioner Suarez: -- the neighbors and creating a solution so that there can be some development -- reasonable development on Coral Way.

Mr. Garcia: Agreed.

Commissioner Gort: Right.

Commissioner Suarez: Okay.

Commissioner Gort: Call the question.

Commissioner Carollo: Okay, so --

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Commissioner Suarez: Call the question.

Mr. Suarez-Rivas: It's a motion to deny and a second.

Chair Hardemon: The question has been called. The question that's before this board right now is whether or not to deny this application. That's the question that's on the floor; correct, Mr. City Clerk?

Todd B. Hannon (City Clerk): Yes, sir. I'll even be more simplistic. Motion is to deny PZ.7.

Chair Hardemon: Okay. Because of that, the title does not have to be read into the record. All in favor of the denial, say “aye.”

The Commission (Collectively): Aye.

Chair Hardemon: All against? Motion passes.

PZ.8 ORDINANCE Second Reading 15-00057zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-O "SUB-URBAN TRANSECT ZONE OPEN" TO T4-L "GENERAL URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A", HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

15-00057zc 01-28-16 SR CC Fact Sheet.pdf 15-00057zc Analysis, Maps & PZAB.pdf 15-00057zc Application & Supporting Docs.pdf 15-00057zc Proffered Restrictive Covenant.pdf 15-00057zc Legislation (v2).pdf 15-00057zc Exhibit.pdf 15-00057zc-Submittal-Beba Mann-Petition Opposing Project.pdf 15-00057zc-Submittal-Beba Mann-Photos of Project.pdf 15-00057zc-Submittal-Beba Mann-Recinding Signed Petition.pdf 15-00057zc-Submittal-Commissioner Carollo-Documents from Beba Mann.pdf 15-00057zc-Submittal-Commissioner Carollo-Key Reference Points Alexander Tachmes.pdf 15-00057zc-Submittal-Commissioner Carollo-Petition Wilda Gutierrez.pdf 15-00057zc-Submittal-Commissioner Carollo-Petitions from Beba Mann.pdf 15-00057zc-Submittal-David J. Coviello-Letters in Support of Rezoning.pdf 15-00057zc-Submittal-Luis Herrera-Miami 21 Flyer.pdf 15-00057zc-Submittal-Nora Tenny-Miami 21 Article 5 Specific to Zones.pdf

LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3]

APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC

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FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-00057lu. PLANNING, ZONING AND APPEALS BOARD: Two individual motions to recommend approval failed on May 20, 2015, by two separate votes of 4-5; therefore, constituting a recommendation of denial.

PURPOSE: This will allow a change in the zoning classification for the above property from T3-O to T4-L.

Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Commissioner Suarez: Mr. Chair, can I please have PZ.23rd --

Todd B. Hannon (City Clerk): Sorry. We do have PZ.8 to address, as well, since it's a companion item to PZ.7.

Chair Hardemon: Go ahead. Is there a motion on PZ.8?

Rafael E. Suarez-Rivas (Assistant City Attorney, Supervisor): PZ.8. We need a motion on PZ.8.

Commissioner Carollo: Motion.

Commissioner Suarez: Second for denial.

Chair Hardemon: Is there any unreadiness?

Commissioner Suarez: No.

Chair Hardemon: All in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passed.

PZ.9 ORDINANCE Second Reading 11-00700lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS 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 LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

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11-00700lu 03-24-16 CC SR Fact Sheet.pdf 11-00700lu Analysis, Maps & PZAB Reso.pdf 11-00700lu Application & Supporting Docs.pdf 11-00700lu Legislation (v2).pdf 11-00700lu Exhibit.pdf

LOCATION: Approximately 840 NE 78th Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Marine Max East, Inc., Owner

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc.

PURPOSE: This will change the above property to "Medium Density Restricted Commercial".

Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ.9 was continued to the February 25, 2016, Planning and Zoning Commission Meeting.

Chair Hardemon: Well -- PZ.9. PZ.9.

Francisco Garcia (Director, Planning & Zoning): Yes, sir. Item PZ.9 is a companion item to PZ.10. They are both land use and rezoning applications for a property at 840 Northeast 78th Street. This is before you on second reading, and the Department's recommendation is for approval. The change proposed is from T5-R to T5-O for purposes of refurbishing and reestablishing after the fact long-term existing commercial use on the property. I will defer to the applicant, and happy to respond to any questions you have.

Ines Marrero-Priegues: Mr. Chairman, Commissioners, Ines Marrero, 701 Brickell Avenue, on behalf of the applicants. This is before you on second reading. As you may recall, at the December 10 first reading of this ordinance, Chairman asked that we reach out to the Shorecrest Homeowners Association; I did that. I had an opportunity to speak to Mr. Howard. I subsequently sent him information concerning the adverse possession claim, as well as information regarding the traffic study that was done in connection with this application. I also took the liberty of forwarding that to Ms. Garland, who is the liaison for the Commissioner's office for the district. And I maintained an open opportunity to discuss the application and subsequent approvals with the members of Shorecrest Homeowners Association and did not hear back from them. There's one person from the neighborhood who's here to speak in favor of the application, but that's at the pleasure of the board.

Chair Hardemon: Thank you very much. Is there anyone from the public that'd like to speak on this item? Please, come forward.

Abed Hammond: Good evening, Chairman. Good evening, Commissioner. My name Abed Hammond. I live at 889 Northeast 78th Street, not too far from Marine Max. I'm here today for Marine Max request to change the zoning from T5-R to T5-O. About a month and a half, we met

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with the director of Planning, Mr. Garcia, and Ms. Ines, presenting the Marine Max; and we met with a representative from Marine Max. There was an issue; we brought it to them regarding blocking our street and parking on our street, because their employees, they park on our street. So they show us a plan. Me and my neighbor, we went, and they show us a plan, and we like what they show us for this reason; and we like to support this request, although that we need from them to keep loading the boat in their area -- in their property as -- like a zoning load -- a loading zone. I'm sorry. So we have no problem with them as they work with us to solve this issue. And I like, you know, to ask you, respectfully, to support their application. Thank you.

Chair Hardemon: Thank you very much, sir. Is there anyone else from the public that would like to speak on this item? Seeing none, I will close the public hearing. Madam -- well, counsel, rather, the -- you asked about Shorecrest. Shorecrest sent me an email of a letter that was dated January 26, 2016, and I will read it for the record. “Dear Chairman Hardemon: Please allow this correspondence to serve official notice that the Shorecrest Homeowners Association has voted as both a neighborhood and as a board to vehemently oppose the proposed change in land use designation of the property located at 840 Northeast 78th Street, Miami, Florida, PZ.9. The proposed change from medium density multifamily residential to medium density restricted commercial serves absolutely no purpose or benefit to the Shorecrest neighborhood, and in fact, would adversity cause residential Northeast 78th Street to be open to over-sized heavy and loud commercial vehicles that would enter and exit the commercial businesses located adjacent to this property.” As well as -- “As well, the Shorecrest Homeowners Association vehemently opposes PZ.10, changing the zoning of the property (UNINTELLIGIBLE) 840 Northeast 78th Street from T5-R, urban center zoning restricted, to T5-O, urban center zone open. This change, similar to the aforementioned proposed land use designation, offers absolutely no positive effect on the community of Shorecrest. This proposal is solely for the financial gain of a commercial entity that has historical” -- I'm reading it as it is written -- “has historical served as a bad neighbor to the surrounding homeowners and residents. The association and the neighborhood has been overlooked, disregarded, and bullied by the business for whom these changes are being proposed. Shorecrest is a gem of a neighborhood in the City of Miami Commission District 5 and the entire” -- “and of the entire Upper Eastside of the City. In years past, Shorecrest residents have felt ignored by City representatives and taken advantage of by unscrupulous business developers. In this instance, we are making our concerns and well wishes known to you and the City officials charged with looking out for the best interest of homeowners and residents of the City of Miami. The proposed zoning and land use changes would do nothing more than set a negative precedent of business interest taking priority over the quiet enjoyment of our homes and neighborhood. Please let it be” -- “please let it not be unclear that the neighbor of Shorecrest, through our Shorecrest Homeowners Association Board of Directors, ask that you, our representative of the City of Miami Commission, take whatever actions needed to make sure the proposed changes to the property at 840 Northeast 78th Street are not granted.” It's difficult to see the first part, but it says, “In consideration,” and it's signed by the president of the Shorecrest Homeowners Association. When this issue first came up before us, I had some concerns, because I knew I heard about Marine Max, and it -- come from the homeowners in Shorecrest. It was a different issue, but nonetheless, I knew that there was an issue with the zoning; that they were talking about a taking -- they had a takings claims, something of that nature. That's not before me; I'm not to consider that, but I know that they had an issue with the zoning. They just -- they articulated a certain reason, and so that's why I urged you to meet with that person. You heard the response. I'm sure you want some time to speak to that person or speak to that organization.

Ms. Marrero-Priegues: I would welcome the opportunity to sit down and meet with them and make our case before the homeowners association. Like I said, I sent them -- I spoke on the phone, per your request, and then I requested the opportunity to meet with them, and I was told -- well, I wasn't told that they wouldn't meet, but there was no overture to meet. And I dealt directly with the president, so if it's -- I would welcome the opportunity. And if it's appropriate to defer the application another month for me to reach out to them and see if there's an opportunity

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for me to present, I'll be more than happy to do that; and it would be my client's wishes that I do that as well, of course.

Chair Hardemon: It may serve you in your best interest also --

Ms. Marrero-Priegues: Of course.

Chair Hardemon: -- to meet with the entire --

Ms. Marrero-Priegues: I hope so.

Chair Hardemon: -- association in that time period, and I would encourage you to have them come here also, just because the lack of presence of opposition doesn't mean the lack of opposition; and so, many times, it would probably be in our best interest to have someone here so their concerns are heard.

Ms. Marrero-Priegues: Understood.

Chair Hardemon: I know for me, it makes me somewhat uncomfortable. I know I received a letter; I don't know how many people it represents; I don't know if it's an actual vote. I'm not there to qualify that, but I can tell you that many times there are concerns about the land use and zoning changes, and when you look at the (UNINTELLIGIBLE) and you consider the changes that are being made to all the different properties, I want to be able to make smart decisions about those changes, so --

Ms. Marrero-Priegues: I --

Chair Hardemon: -- is it your wish to have this deferred for about a month?

Ms. Marrero-Priegues: We can wait. This has been deferred for -- what? -- eight years. We can certainly wait a month. I appreciate the opportunity.

Chair Hardemon: You have someone that's behind you that would like to say something.

Ms. Marrero-Priegues: I -- thank you. Yes.

Chair Hardemon: So the Chair would entertain a motion to continue items PZ.9 and PZ.10 --

Vice Chair Russell: (UNINTELLIGIBLE) PZ.10.

Chair Hardemon: -- for at least a month to the next Planning & Zoning agenda. Is there a motion?

Vice Chair Russell: Move it.

Commissioner Carollo: Second.

Chair Hardemon: It's been properly moved by Vice Chairman and seconded by Commissioner Carollo to do so.

Commissioner Carollo: Mr. Chairman, just for clarity --

Chair Hardemon: You're recognized.

Commissioner Carollo: -- just clarification, for at least a month?

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Chair Hardemon: For at least a month, but to the next --

Commissioner Carollo: Understood.

Chair Hardemon: -- PZ (Planning & Zoning) item.

Commissioner Carollo: Got you.

Todd B. Hannon (City Clerk): Yes, sir, that'll be February 25.

Rafael Suarez-Rivas (Assistant City Attorney, Supervisor): So that's February 25 for both items?

Mr. Hannon: Yes, sir.

Mr. Suarez-Rivas: All right.

Mr. Hannon: 9 and 10.

Chair Hardemon: Okay. Is there any unreadiness? Hear none, motion passes.

Ms. Marrero-Priegues: Thank you very much.

PZ.10 ORDINANCE Second Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE-RESTRICTED TO "T5-O" URBAN CENTER ZONE-OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700zc 03-24-16 CC SR Fact Sheet.pdf 11-00700zc Analysis, Maps & PZAB Reso.pdf 11-00700zc Application & Supporting Docs.pdf 11-00700zc Legislation (v2).pdf 11-00700zc Exhibit.pdf

LOCATION: Approximately 840 NE 78th Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Marine Max East, Inc., Owner

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 11-00700lu. Item does not include a covenant. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 5, 2011 by a vote of 8-1.

PURPOSE: This will change the above property from "T5-R" Urban Center Zone - Restricted to "T5-O" Urban Center Zone - Open.

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Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ.10 was continued to the February 25, 2016, Planning and Zoning Commission Meeting.

PZ.11 ORDINANCE Second Reading 15-00974lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 0.17 ACRES OF REAL PROPERTY WHICH IS THE EASTERN PORTION OF A PROPERTY COMPRISED OF APPROXIMATELY 0.40 ACRES LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00974lu 03-24-16 CC SR Fact Sheet.pdf 15-00974lu Analysis, Maps & PZAB Reso.pdf 15-00974lu Application & Supporting Docs.pdf 15-00974lu Legislation (v2).pdf 15-00974lu Exhibit.pdf

LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 Design West, LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00974zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 21, 2015, by a vote of 11-0.

PURPOSE: This will change the Land Use Designation of the eastern portion of the above property from "Duplex Residential" to "Low Density Restricted Commercial".

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ.11 was continued to the February 25, 2016, Planning and Zoning Commission Meeting.

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Chair Hardemon: PZ.11 and PZ.12.

Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. Items PZ.11 and PZ.12 are companion items. They are the land use and rezoning applications for a property at 4201 Northwest 2nd Avenue. This is before you on second reading, and the request is to rezone from T4-L and T3-L to T4-L and T4-O. This proposal does not include a covenant. It was recommended for approval by the Planning & Zoning Department, as it was by the Planning, Zoning & Appeals Board, unanimously. We will defer to the applicant, and happy to answer any questions.

Chair Hardemon: Thank you very much. I'll allow the applicant to have a moment of our time.

Steven Wernick: Thank you, Mr. Chair and Commissioners. As Mr. Garcia mentioned, it was unanimously recommended for approval by PZAB (Planning, Zoning & Appeals Board). We've had the support at PZAB in first reading in December at this body from Buena Vista stakeholders and Buena Vista Heights Associations with -- two associations with very similar boundaries. I do understand that there are a couple of people who were not -- have not been at prior hearings. I found out a couple hours ago, a few hours ago, there's a couple people that have objections, so, Mr. Chair, it is late, and if you would like to defer it, we, of course, would defer to you. I don't know how long the hearing would take. We probably do need to make a little bit more of a presentation, and -- but up until this point, we've had a lot of teamwork and collaboration, and it's been a very rewarding process. It was a little bit surprising today, so I actually didn't even prepare much of a presentation, but I think it may warrant some of your time.

Chair Hardemon: The applicant has asked for a motion to continue. Is there any objection from any of the objectors to this deferral?

Ulysee Kemp: No. I would recommend deferral at this time, also.

Todd B. Hannon (City Clerk): Sir, can we have the speaker's name?

Mr. Kemp: My name is Ulysee Kemp, 76 Northwest 39th Street; president of Buena Vista Heights Neighborhood Association.

Chair Hardemon: Is there a motion from the Commissioners to continue this until --

Commissioner Gort: Move it.

Chair Hardemon: -- the next PZ (Planning & Zoning) hearing?

Commissioner Carollo: Second.

Vice Chair Russell: Second.

Chair Hardemon: Been properly moved by Commissioner Gort; seconded by Commissioner Carollo. Is there any further discussion? Any unreadiness? Hearing none, motion passes. That's items PZ.11 --

Mr. Wernick: And 12.

Chair Hardemon: -- and PZ.12. What's the date on that one?

Mr. Hannon: That'll be February 25.

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Unidentified Speaker: February 25.

Commissioner Carollo: And that's PZ.11 and 12, right?

Mr. Wernick: Both items, 11 and 12.

Chair Hardemon: 11 and 12.

PZ.12 ORDINANCE Second Reading 15-00974zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-L "URBAN TRANSECT ZONE - LIMITED" TO T4-L "GENERAL URBAN CENTER TRANSECT ZONE - LIMITED" AND T4-L "GENERAL URBAN CENTER TRANSECT ZONE - LIMITED" TO T4-O "GENERAL URBAN CENTER TRANSECT ZONE - OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00974zc 03-24-16 CC SR Fact Sheet.pdf 15-00974zc Analysis, Maps & PZAB Reso.pdf 15-00974zc Application & Supporting Docs.pdf 15-00974zc Legislation (v3).pdf 15-00974zc Exhibit 1.pdf 15-00974zc Exhibit A.pdf

LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 NW 2 Avenue, LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00974lu. Item does not include a covenant. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on October 21, 2015, by a vote of 11-0.

PURPOSE: This will allow a Zoning Classification change from T3-L "Urban Transect Zone- Limited" to T4-L "General Urban Center Transect Zone - Limited" and T4-L "General Urban Center Transect Zone - Limited" to T4-O "General Urban Center Transect Zone - Open" for the above property.

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ.12 was continued to the February 25, 2016, Planning and Zoning Commission Meeting.

PZ.13 ORDINANCE Second Reading

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15-00965lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE APPROXIMATELY 2.2711 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00965lu 01-28-16 CC SR Fact Sheet.pdf 15-00965lu Analysis, Maps & PZAB Reso.pdf 15-00965lu Application & Supporting Docs.pdf 15-00965lu Legislation (v2).pdf 15-00965lu Exhibit.pdf

LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP, 505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street, LLC; and 421 82nd St, LLC.

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 15-00965zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 16, 2015, by a vote of 5-3.

PURPOSE: This will change the land use designation for the above properties from "Medium Density Multifamily Residential" to "Restricted Commercial".

Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

13592

Chair Hardemon: PZ.13 and PZ.14.

Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.13 and PZ.14 are also -- my apologies -- companion items before you on second reading. They are the land use and zoning changes for properties at approximately 460, 500, 520, 530, 538 and 540 Northeast 82nd Terrace, and 421, 433, 437, 439 and 505 Northeast 82nd Street. The proposed zoning changes are from -- I apologize -- T5-R to T6-8-O. Our recommendation is for denial, and I'll explain briefly. And there is a covenant that I believe the applicant wishes to present. Our

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recommendation for denial, I'll state for the record, is based on the fact of the irregular form of the lot, which creates a zoning crenulation, which we typically prefer to avoid. Having said that, I'll state briefly that I know full well that the applicant -- that we, the Planning & Zoning Department, have reached out to some of those property owners in those gap properties, and they have expressed no interest in participating in the zoning change, which we respect; that said, the project, as proposed and covenanted, is designed to accommodate any of their concerns, and we think that has been done successfully. I'll yield to the applicant to the Commission.

Chair Hardemon: You're recognized, sir.

Ben Fernandez: Thank you, Mr. Garcia, Mr. Chair. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicants. This is the second reading. At the first reading, we went over the entire plan. This is a plan that is really going to energize this area that has been long ignored. It is poised to be a transportation-oriented development. The FEC (Florida East Coast) Corridor is planning a stop on 79th Street. This is a stone's throw from that proposed stop. It is on a one-way street that leads to 95 from the Beach and from Shorecrest. We have the support of the Shorecrest Homeowners Association. Mr. Troy Howard has given us a letter, as have literally dozens of other property owners in the area. The area is entirely sort of outdated multifamily -- very low-rise multifamily homes, and what we're proposing, I think, is compatible with the character of the street and the neighborhood. As Mr. Garcia indicated, we weren't able to get all of the lots, and that was the principal concern initially, but we have proffered a covenant, but we're not going to have any commercial intrusion on the north side of the block, and we're going to be developing consistent with a very nice plan that we reviewed the last time. So we're here to answer any questions that you may have, but we would ask you to support this again on second reading.

Chair Hardemon: At this time, I'll open up the floor for public hearing. Is there anyone from the public that would like to speak on this item? Seeing none, I'll close the public hearing. Commissioners, this is an item that is in my district, and I think I was clear on the record the last time what I thought the benefits of this zoning would be, but I want to be clear, because there are many times wherein -- when I've read things, I've read of things of the planning, our Planning staff, and then I'll read things of PZAB (Planning, Zoning & Appeals Board), and I'm at odds. And this -- and so, sometimes, they approve things that I'm at odds, and you're not going to get an approval from me. Sometimes, they disapprove things, and I don't think that it warrants a disapproval on my behalf. I would say in this area -- and all of us know this area, and I've traveled along these streets -- the difference here versus, say, for instance, in some of the areas that we just talked about, where you have this -- the difference is multifamily, medium density residential versus, say, single-family or even sometimes duplex. And so here, you have restricted commercial across the street. It's relatively unsafe for many people when you're driving on 82nd Terrace and you're heading westbound towards 4th Avenue. I believe that's where it goes, or I think you -- yeah.

Mr. Fernandez: That's right.

Chair Hardemon: You have westbound on -- towards 4th Avenue. When you stop in those areas, and the multifamily residential things that -- it does seem to serve a better purpose to have a restricted commercial, which is consistent with the majority of the other land. Now, with that being said, if this was reversed, and the three parcels of land that are not included in this land use and rezoning were applying for this, I would not be in favor for it, because they're in the minority, and it would seem as if this change is only being made for those minority property owners. But if you look at this -- the future land use map of the existing, you look where it's going to "proposed," you'll see that the vast majority of the property is being rezoned to restricted commercial, which, if you have been there and you see the apartment complexes, it would not be something that is as devastating as the single-family home that had that three-story garage

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behind it. So because of those reasons, I think that it would make sense that the future land use map be amended, and it would allow us to rezone the properties that are north of 82nd Street that are indicated here as restricted commercial, just as the people to the south, and even on the east side closest to the avenue, Northwest 16th Avenue are. And with all of that explanation, I ask that the Commissioners move to approve item PZ.13.

Commissioner Carollo: I make a motion to approve.

Commissioner Gort: Second.

Chair Hardemon: It's been properly moved and seconded to approve PZ.13. Is there any further unreadiness or discussion? Seeing none, all -- well --

Rafael E. Suarez-Rivas (Assistant City Attorney, Supervisor): I need to read the ordinance.

Chair Hardemon: Yeah, read it.

The Ordinance was read by title into the public record by Assistant City Attorney Rafael E. Suarez-Rivas.

Todd B. Hannon (City Clerk): Roll call on item PZ.13.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, 4-0.

PZ.14 ORDINANCE Second Reading 15-00965zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T5-R "URBAN CENTER TRANSECT ZONE - RESTRICTED" TO T6-8-O "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00965zc 01-28-16 CC SR Fact Sheet.pdf 15-00965zc Analysis, Maps & PZAB Reso.pdf 15-00965zc Application & Supporting Docs.pdf 15-00965zc Proffered Restrictive Covenant.pdf 15-00965zc Legislation (v2).pdf 15-00965zc Exhibit.pdf

LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP, 505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street, LLC; and 421 82nd St, LLC.

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FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 15-00965lu. Item includes a covenant. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 16, 2015, by a vote of 5-3.

PURPOSE: This will allow a zoning classification change for the above properties from T5-R "Urban Center Transect Zone - Restricted" to T6-8-O "Urban Core Transect Zone - Open".

Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez

13593

Chair Hardemon: Item PZ.14.

Commissioner Gort: Move it.

Chair Hardemon: Is there anyone from the public that'd like to speak on that item? Hearing none, I will close the public hearing.

Commissioner Carollo: Move it.

Chair Hardemon: And we have -- it's been properly moved. Is there a second?

Commissioner Gort: Second.

Chair Hardemon: Seconded that we pass item PZ.14. Any discussion? Seeing none, could you read it into the record; or does it need to be?

Rafael E. Suarez-Rivas (Assistant City Attorney, Supervisor): An ordinance -- I'll read -- Mr. Chair, may I mention something technical very briefly?

Chair Hardemon: Is that the one that has the --

Mr. Suarez-Rivas: The covenant.

Chair Hardemon: -- the covenant attached to it?

Mr. Suarez-Rivas: Yes.

Chair Hardemon: So --

Mr. Suarez-Rivas: The covenant has language that we developed consistent with the design intent of the plan entitled "Waive of Shorecrest." I would recommend if it's suitable that it just say, "The design of Waive of Shorecrest on file with the City of Miami, which are deemed as being incorporated herein." And I think the applicant's counsel also made a statement that no commercial intrusion on north side of the block. I don't see that reflected in the covenant.

Ben Fernandez: That was in a revised covenant that was submitted at the hearing, at the last hearing. We can certainly --

Mr. Suarez-Rivas: Oh, okay. City of Miami Page 183 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016

Mr. Fernandez: -- proffer that to you again.

Mr. Suarez-Rivas: So all right; those two things. Thank you.

Mr. Fernandez: Yeah.

Todd B. Hannon (City Clerk): So then, Mr. City Attorney, it's as amended?

Mr. Suarez-Rivas: It's as amended, the covenant as amended; the covenant.

Chair Hardemon: Are there any other changes to that covenant that you submitted today?

Mr. Fernandez: No.

Chair Hardemon: Any other changes --

Mr. Fernandez: No.

Chair Hardemon: -- that are relevant --

Mr. Fernandez: No.

Chair Hardemon: -- substantial, that mean anything to change the intent?

Mr. Fernandez: None, whatsoever.

Chair Hardemon: Okay. Thank you very much.

Francisco Garcia (Director, Planning & Zoning): Sir, if I may, I would like to add perhaps a clause, having just heard the reading of the covenant, and that is that the submitted design that is included in the covenant ultimately, of course, be reviewed, and subject to compliance to Miami 21 Zoning Ordinance.

Mr. Suarez-Rivas: Thank you. The design shall be subject to review and approval by the Planning Department for conformity with Miami 21.

Chair Hardemon: So the mover and the seconder would have to agree there was those changes.

Commissioner Carollo: Yes, I --

Commissioner Gort: I accept.

Commissioner Carollo: -- agree to the amendment.

Chair Hardemon: Is there any further discussion about this? Hearing none, all --

Mr. Hannon: Roll call on PZ.14.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, as amended, 4-0.

Mr. Fernandez: Thank you.

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Commissioner Carollo: PZ. 18 --

Mr. Suarez-Rivas: Right -- no. I'm sorry. Let me read the --

Mr. Hannon: Oh, my apologies. I thought it was read into the record.

Mr. Suarez-Rivas: Right; just very quickly.

The Ordinance was read by title into the public record by Assistant City Attorney Rafael E. Suarez-Rivas.

Mr. Hannon: Good to go.

Chair Hardemon: Thank you very much. And the previous vote will be taken as that vote.

PZ.15 ORDINANCE First Reading 15-00975zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6-12-L "URBAN CORE TRANSECT ZONE - LIMITED" TO T6-12-O "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00975zc 01-28-16 CC FR Fact Sheet.pdf 15-00975zc Analysis, Maps & PZAB Reso.pdf 15-00975zc Application & Supporting Docs.pdf 15-00975zc Legislation (v2).pdf 15-00975zc Exhibit.pdf

LOCATION: Approximately 3701 and 3737 Biscayne Boulevard and 306 and 316 NE 38th Street [Commissioner Ken Russell - District 2]

APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of MacArthur Properties III, LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-2.

PURPOSE: This will allow a zoning classification change for the above properties from T6-12-L to T6-12-O.

Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Note for the Record: Item PZ.15 was deferred to the April 28, 2016, Planning and Zoning Commission Meeting.

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PZ.16 ORDINANCE First Reading 15-00969lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS 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 OF 1.07± ACRES OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865 AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00969lu 03-24-16 CC FR Fact Sheet.pdf 15-00969lu Analysis, Maps & PZAB Reso.pdf 15-00969lu Application & Supporting Docs.pdf 15-00969lu Legislation (v2).pdf 15-00969lu Exhibit A.pdf

LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue [Commissioner Ken Russell - District 2]

APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC.

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the parcels located at 3875, 3865, 3851 and 3841 Day Avenue and denial of the parcels located at 3860, 3850, 3840 and 3830 Day Avenue. See companion File ID 15-00969zc.

PURPOSE: This will change the land use designation for the above properties from "Duplex Residential" to "Low Density Restricted Commercial".

Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Note for the Record: Item PZ.16 was deferred to the March 24, 2016, Planning and Zoning Commission Meeting.

PZ.17 ORDINANCE First Reading 15-00969zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-O "SUB-URBAN TRANSECT ZONE - OPEN", WITH A NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO T4-O "GENERAL URBAN TRANSECT ZONE - OPEN", WITH A NCD-3 COCONUT GROVE

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NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00969zc 03-24-16 CC FR Fact Sheet.pdf 15-00969zc Analysis, Maps & PZAB Reso.pdf 15-00969zc Application & Supporting Docs.pdf 15-00969zc Legislation (v2).pdf 15-00969zc Exhibit A.pdf

LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue [Commissioner Ken Russell - District 2]

APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 8, 9, 10 and 11 (3841, 3851, 3865 and 3875 Day Avenue) and denial of Lots 12, 13, 14 and 15 (3860, 3850, 3840 and 3830 Day Avenue). Item does not include a covenant. See companion File ID 15-00969lu. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 21, 2015, by a vote of 9-2.

PURPOSE: This will allow a zoning classification change for the above properties from T3-O "Sub-urban Transect Zone - Open" with a NCD-3 Coconut Grove Neighborhood Conservation District, to T4-O "General Urban Transect Zone - Open" with a NCD-3 Coconut Grove Neighborhood Conservation District.

Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Note for the Record: Item PZ.17 was deferred to the March 24, 2016, Planning and Zoning Commission Meeting.

PZ.18 ORDINANCE First Reading 15-00976zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 1.04 ACRES FROM T6-8-L "URBAN CORE TRANSECT ZONE- LIMITED" TO T6-8-O "URBAN CORE TRANSECT ZONE -OPEN" FOR THE PROPERTY LOCATED AT APPROXIMATELY 1150 NORTHWEST 11TH STREET ROAD, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

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15-00976zc 02-25-16 CC FR Fact Sheet.pdf 15-00976zc Analysis, Maps & PZAB Reso.pdf 15-00976zc Application.pdf 15-00976zc Legislation (v2).pdf 15-00976zc Exhibit A.pdf

LOCATION: Approximately 1150 NW 11th Street Road [Commissioner Keon Hardemon - District 5]

APPLICANT(S): Miami Dade County, Public Housing and Community Development

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 4, 2015, by a vote of 11-0.

PURPOSE: This will allow a zoning classification change from T6-8-L "Urban Core Transect Zone - Limited" to T6-8-O "Urban Core Transect Zone - Open" for the above property.

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ.18 was continued to the February 25, 2016, Planning and Zoning Commission Meeting.

Chair Hardemon: The last item that we have is PZ.18.

Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. Item --

Chair Hardemon: Is that why you're here, sir?

Unidentified Speaker: Thank you very much.

Chair Hardemon: Are you here -- PZ.18?

Commissioner Carollo: No. He was PZ.13.

Chair Hardemon: So only --

Commissioner Carollo: But he didn't go anywhere.

Chair Hardemon: (UNINTELLIGIBLE PZ.18.

Unidentified Speaker: And he never spoke, he never spoke.

Chair Hardemon: He just wanted to ensure that it went the right way.

Unidentified Speaker: Thank you very much.

Chair Hardemon: You're very welcome. Have a wonderful evening. All right, bye-bye now.

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Commissioner Carollo: PZ.18.

Teresita Ascanio: Are we the last ones tonight?

Francisco Garcia (Director, Planning & Zoning): Item --

Chair Hardemon: And I will tell you, I'm not very excited about it.

Ms. Ascanio: Oh, really? After nine hours, I feel like --

Chair Hardemon: I'm not very excited about PZ.18.

Mr. Garcia: I'll read it briefly into the record, if I may. Item PZ.18 is a rezoning proposal for 1150 Northwest 11th Street Road. It does not need a land use amendment, because the land use -- the appropriate land use is already in place. The proposed change is from T6-8-L to T6-8-O. You'll read on the record, the Department has recommended denial, although the Planning, Zoning & Appeals Board recommended approval by a vote of 11 to nothing. I'll explain briefly on the record that the Department's recommendation of denial is based on the odd configuration of the lot, based on the fact that if it were to be zoned to T6-8-O, it would basically be a crop-out into a very well-established T6-8-L area. That said, we understand fully that the reason for the change responds to a need to expand an existing use, and I'll let the applicant explain that. I will advise -- and this is something that I would definitely like to speak with the applicants about -- I will advise that we are somewhat concerned about the wide range of uses that are available in T6-8-O, and would like to hear a little bit more about their use; and between first and second reading, we would like to approach the applicant to consider a covenant to prevent again some of those unintended consequences. I'll yield, and certainly be happy to answer any questions.

Ms. Ascanio: Hello.

Chair Hardemon: Hello.

Ms. Ascanio: I'm actually, here -- my name is Teresita Ascanio. I'm the ALF (Assisted Living Facility) administrator. I'm representing Miami-Dade Public Housing Community Development. I am currently the administrator at the facility where we're trying to expand the services. It's currently an assisted living facility. And what we're trying to do is be able to provide daycare services. Under the current zoning, we could only do it for nine people. We're trying to do it now for whatever our square footage allows to do it, which would be approximately 30 people. In regards to your concern, we were advised prior -- in the prior meetings with zoning, to do a covenant. We completed that, and we stated in the covenant the only intent that we have is to do the adult daycare.

Commissioner Gort: This is the existing building owned by Miami-Dade, correct?

Mr. Garcia: That is correct, sir.

Chair Gort: And this is to create a ALF?

Ms. Ascanio: Well, the ALF --

Commissioner Gort: Excuse me.

Ms. Ascanio: -- is already there.

Commissioner Gort: Excuse me.

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Victoria Méndez (City Attorney): My understanding is that the ALF is already there, but they want to increase the beds from about nine to 36.

Ms. Ascanio: That is incorrect. It has nothing to do with the ALF. We're just expanding the services. We want to be able to do adult daycare during the day.

Commissioner Gort: Look --

Ms. Ascanio: The building is full.

Commissioner Gort: -- let me tell you what my problem is.

Ms. Ascanio: Okay.

Commissioner Gort: I don't have any problem with having the ACLF [sic] for 65 or elder people. The problem that you have -- we've had a lot of problems in our neighborhoods. The people that will get the certificate for senior citizens, then all of a sudden they don't have enough -- they bring some other individuals that will pay more. The different -- what do you call that other service?

Ms. Méndez: The -- like community residential homes, assisted living facilities --

Commissioner Gort: Right.

Ms. Méndez: -- and any of the clients that come from (UNINTELLIGIBLE) Juvenile Justice System.

Commissioner Gort: They come in, and the senior citizens, they don't want to put up with that. They leave, and then the whole place goes -- it gets deteriorated, so I want to make sure -- we've been working on the ordinance to try to change that, so you can even increase it more; I wouldn't have any problem, but we got to make sure it's used correctly.

Ms. Ascanio: Well, we're looking at 30 because it's based on our square footage, and we're not looking to expand anything in the facility right now. Keep in mind, this is the only ALF that the County owns in the whole State. We do house low-income residents, and we're providing assisted living services to low-income, so we do get Medicaid clients, we do get from the long-term care, so we're looking to accommodate the need. We are mandated -- right now our license is for 101 bed. We're fully occupied. So the daycare would allow the people in the community at least to come in during the day and be able to go back to their homes. We cannot house them right now, so we're just looking to expand the service to the community.

Ms. Méndez: Would you be amenable to a covenant that made sure that you didn't accept --

Chair Hardemon: Well, the thing about it -- I know we're talking about covenants and things that people be amenable to. I live walking distance to here. So you have more than a concern where you're going from T6-8-L to T6-8-O, but you're doing it down the street from a place that I actually live, so that's why I said I'm not very happy about it. So I don't know if -- well, I know I'm not in favor of even negotiating a covenant on the dais at 10:22 p.m. I understand this is Miami-Dade County, and governments usually have positive interplay between each other to achieve their goals, but that's not always true. So it would probably be in your best interest to get a little bit more time with this one, because I want to completely understand exactly what's happening from a T6-8-L. This -- I think this property is -- when you're traveling on 11th Street, you make that left; it's the -- on the right-hand side --

Ms. Ascanio: The eight-story building.

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Chair Hardemon: Right. So it's enclosed by a fence and such. It's -- right now it's not --

Ms. Ascanio: Correct.

Chair Hardemon: -- it doesn't seem to be a problem, but maybe that's because it only has nine beds for the --

Ms. Ascanio: No, no. We have 101 beds.

Chair Hardemon: No. For -- but how many for the ALF that you use? For the assisted living -- I know you have --

Ms. Ascanio: A hundred and one.

Chair Hardemon: -- seniors. There are some seniors that live there, right?

Ms. Ascanio: It's completely ALF. It's public housing. It's a hybrid program. I actually have brochures I could give you so you could know a little bit about the facility, but it's a hybrid program. It's public housing, so pretty much, it's just assisted living services for the low income; meaning it's -- they're able to afford it, because right now, as you know, the -- Medicaid is having problems with funding and being able to provide medical assistance. So what we doing in the facility is we are able to take those people in and provide them with a home where they could (UNINTELLIGIBLE) apartment.

Chair Hardemon: And your comment is that the change from T6-8-L to T6-8-O only gives you the ability to have a day program there?

Ms. Ascanio: We want to do an adult daycare in our current common areas, using that space.

Chair Hardemon: Is there -- can T6-8-L allow for a --? Yes, please.

Mr. Garcia: I understand the question is, as stated previously by the applicants, actually, the issue is that they are limited to a number of under 10, and they would like to expand that number to as many as would fit, according to their square footage, which, as they've stated, is approximately 30 or so.

Chair Hardemon: So they can have it. They just can't have it to as many that their square footage would allow. That's what I thought.

Mr. Garcia: That's correct.

Chair Hardemon: So they provide the service now.

Ms. Ascanio: We don't provide the adult daycare service right now. We are looking to provide the service. When we completed the research, based on the current zoning, we could only do nine. And reality is to go through the whole process, Medicaid and the State, to be able to provide the service for nine people is not worth it when we could do it for at least 30 people, and the need is there. If you visit the public housing facilities, we have a lot of elderlies, and we cannot house them in our place.

Chair Hardemon: And this is your only facility like this in Miami -- in the (UNINTELLIGIBLE)?

Ms. Ascanio: That's the only one in the State of Florida. We are the first one in the nation that was -- with the hybrid program, and it's the only one in the State that is low income, and it's an

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assisted living facility, and it's in your district.

Chair Hardemon: Well, I don't -- you know, is it a good thing? I don't know if it's bad -- I'm not sure, so -- and that's probably the reason why I think we should take more time with this. And I typically try not to meet with people on the Planning & Zoning items, but this one, I'll take the time to meet with you about it, but as far as trying to agree to a covenant right now from a few words --

Ms. Méndez: We were going to do it obviously not now; between first and second reading, but I understand if you just want to reset first reading, but that was the goal.

Chair Hardemon: That would be my motion; and if I had any support for that, that'll be great.

Commissioner Gort: Move it.

Chair Hardemon: It's been properly moved. Is there a second?

Commissioner Carollo: Move it. We're approving this first reading?

Chair Hardemon: No, deferring it.

Commissioner Carollo: Deferring?

Chair Hardemon: Yes.

Commissioner Carollo: Till?

Chair Hardemon: Well, give them the same, a month, and --

Commissioner Carollo: So let's continue it.

Todd B. Hannon (City Clerk): Yeah, we'll simply continue it to the next Planning & Zoning Commission meeting, February 25.

Commissioner Carollo: And I would second the continuance.

Chair Hardemon: All right, is there any unreadiness? Hearing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Chair Hardemon: Motion passes. I think we got done. Yeah. I'm sorry; one last thing: Meeting adjourned.

PZ.19 RESOLUTION 15-01386a A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE CITY MANAGER'S INTENDED DECISION NUMBER 15-194 TO REMOVE TWO TREES FROM THE MEDIAN ALONG NORTHEAST 6TH COURT BETWEEN 57TH AND 58TH STREET, MIAMI, FLORIDA.

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15-01386a 02-25-16 Fact Sheet.pdf 15-01386a Appeal to City Commission.pdf 15-01386a Analysis.pdf 15-01386a (v2) Legislation.pdf 15-01386a (v3) Legislation.pdf 15-01386a-Submittal-Planning Dept.-PowerPoint Presentation on Samanea Saman.pdf 15-01386a-Submittal-Elvis Cruz-Powerpoint Presentation.pdf 15-01386a-Submittal-Elvis Cruz-Handout.pdf 15-01386a-Submittal-District 2-Jennings Disclosure and Emails Received.pdf

LOCATION: Median along NE 6 Court between 57th and 58th Street [Commissioner Ken Russell - District 2]

APPELLANT(S): Aisa Michel, abutting property owner, and Elvis Cruz, co-appellant

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the Intended Decision.

PURPOSE: The appeal seeks to reverse the Intended Decision issued to remove trees from a public-right-of-way.

Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Note for the Record: Item PZ.19 was continued to the February 25, 2016, Planning and Zoning Commission Meeting.

PZ.20 RESOLUTION 15-01612ha A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED BY MICHAEL FAAS, RAFFAOUL AJAMI, WASIM SHOMAR AND SHADI SHOMAR (APPELLANTS), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DID NOT APPROVE THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1501 BRICKELL AVENUE, MIAMI, FLORIDA, AS A HISTORIC SITE DUE TO A FAILURE TO HAVE THE REQUIRED FIVE (5) CONCURRING VOTES FOR DESIGNATIONS, PURSUANT TO SECTION 62-29(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PROCEEDINGS".

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15-01612ha 02-25-16 CC Fact Sheet.pdf 15-01612ha Supplemental Report.pdf 15-01612ha 02-25-16 CC Docs & Submittals from 07-25-13 CC Meeting.pdf 15-01612ha Legislation (v2).pdf 15-01612ha Legislation (v3).pdf 15-01612ha-Submittal-Amy Boulris-Summary of Opinion by Dr. John Garner Preservation Consultant.pdf 15-01612ha-Submittal-Amy Boulris-Ellen Uguccioni Resume.pdf 15-01612ha-Submittal-Amy Boulris-John S. Garner Resume.pdf 15-01612ha-Submittal-Amy Boulris-Opinion by Ellen Uguccioni.pdf 15-01612ha-Submittal-Souraya Faas-Letter of Support.pdf 15-01612ha-Submittal-Megan Schmitt-City of Miami Preservation Office PowerPoint Presentation.pdf 15-01612ha-Submittal-Gilberto Pastoriza-Historic Designation Report.pdf 15-01612ha-Submittal-Steven Avdakov-PowerPoint Presentation.pdf 15-01612ha-Submittal-Amy Boulris-Church Petitions.pdf 15-01612ha-Submittal-Amy Boulris-Petition in Opposition of Item.pdf 15-01612ha-Submittal-Amy Boulris-Designation Reports and Resolutions.pdf 15-01612ha-Submittal-Amy Boulris-Minimum Inspection Procedural Guidelines.pdf 15-01612ha-Submittal-District 2-Emails from Constituents.pdf 15-01612ha-Submittal-District 2-Email Responses to Constituents.pdf 15-01612ha-Submittal-District 2-Memo from Amy Boulris.pdf 15-01612ha-Submittals-Amy Boulris-Email Update on PZ.7.pdf 15-01612ha-Submittal-District 2-Jennings Disclosure.pdf 15-01612ha-Submittal-Amy Boulris-Response to Historic Designation Report.pdf 15-01612ha-Submittal-Amy Boulris-Petitions in Opposition to Item.pdf 15-01612ha-Submittal-Dr. Aya Chacar-Powerpoint Presentation.pdf

LOCATION: 1501 Brickell Avenue [Commissioner Ken Russell - District 2]

APPELLANT(S): Gilberto Pastoriza, Esquire, on behalf of Michael Faas, Raffaoul Ajami, Wasim Shomar and Shadi Shomar, Parishioners

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the designation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Did not approve the designation on April 8, 2014, by a vote of 4-2. Cross-reference File ID 13-00103. MIAMI CITY COMMISSION: Granted the appeal on July 25, 2013, by adopting Resolution R-13-0306. Cross-reference File ID 13-00403.

PURPOSE: The approval of this appeal will result in the designation of the above property as a local historic site.

Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Note for the Record: Item PZ.20 was continued to the February 25, 2016, Planning and Zoning Commission Meeting.

PZ.21 ORDINANCE Second Reading 15-01249zt

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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS THE MIAMI 21 CODE ("MIAMI 21 CODE"), BY AMENDING ARTICLE 7, DIVISION 1, ENTITLED "PROCEDURES", SECTIONS 7.1.1.5, ENTITLED "CITY COMMISSION", AND 7.1.5, ENTITLED "APPEALS", TO EXPAND THE SCOPE OF APPEALS FROM THE PLANNING, ZONING AND APPEALS BOARD TO INCLUDE CERTIFICATE OF USE REVOCATIONS; PROVIDING FOR INCLUSION IN THE MIAMI 21 CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-01249zt 01-28-16 CC SR Fact Sheet.pdf 15-01249zt PZAB Reso.pdf 15-01249zt Legislation (v3).pdf

APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami

FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ZONING AND APPEALS BOARD: Recommended approval on September 29, 2015, by a vote of 8-0.

PURPOSE: This ordinance will grant the City Commission the power to review and either affirm or reverse an appellate decision of the Planning, Zoning, and Appeals Board pursuant to the Zoning Administrator's revocation of a Certificate of Use.

Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

13594

Note for the record: Please see item SR.2 for minutes related to item PZ.21.

Chair Hardemon: PZ.21.

Commissioner Suarez: PZ.21?

Chair Hardemon: PZ.21.

Francisco Garcia (Director, Planning & Zoning): And for PZ.21, I will essentially provide the same narrative. It is the Zoning Ordinance's version of exactly the same clause; one which will allow this body, the City Commission, to hear on appeal the certificate -- or revocation of certificates of use, whether that is by the City, by an applicant or an appellant; again, as an additional recourse they may have within the City's scope, prior to going to Circuit Court.

Chair Hardemon: Thank you very much. There is no public hearing as this -- well, we've already -- we previously had the public hearing. So is there any motion from the dais?

Commissioner Gort: Move it.

Chair Hardemon: It's been properly moved by Commissioner Gort. And --

Commissioner Carollo: Second.

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Chair Hardemon: -- seconded by Commissioner Carollo. Any discussion? Hearing none, all in favor, say "aye."

The Commission (Collectively): Aye.

Todd B. Hannon (City Clerk): Chair, it's an ordinance.

Chair Hardemon: Oh, an ordinance.

The Ordinance was read by title into the public record by the City Attorney.

Mr. Hannon: Roll call on item PZ.21.

A roll call was taken, the result of which is stated above.

Mr. Hannon: The ordinance passes on second reading, 5-0.

Commissioner Carollo: And Mr. Chairman.

Chair Hardemon: You're recognized.

Commissioner Carollo: Thank you. Just for clarification, the resolution that I passed with regards to SR.2, it could just pertain to this, also. Thank you.

PZ.22 ORDINANCE Second Reading 15-00924zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES" AND ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO REVISE LOT AREA AND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00924zt 03-24-16 CC SR Fact Sheet.pdf 15-00924zt Analysis, Maps & PZAB Reso.pdf 15-00924zt Legislation (v2).pdf 15-00924zt Exhibit.pdf

APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami

FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-1.

PURPOSE: This will modify minimum and maximum lot area and widths in order to encourage appropriate development based on density and intensity regulations.

Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

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Note for the Record: Item PZ.22 was deferred to the March 24, 2016, Planning and Zoning Commission Meeting.

PZ.23 ORDINANCE First Reading 15-01496zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AMENDING ARTICLE 3, SECTION 3.3.6(g), ENTITLED "SOUTH BAYSHORE DRIVE"; AMENDING SUBSECTION 3.3.6(g)1; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-01496zt 02-25-16 CC SR Fact Sheet.pdf 15-01496zt PZAB Resolution.pdf 15-01496zt Legislation (v2).pdf

LOCATION: North Side of South Bayshore Drive from McFarlane Road to Aviation Avenue [Commissioner Ken Russell - District 2]

APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami

FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 18, 2015, by a vote of 9-0.

PURPOSE: This will amend Article 3, adding Section 3.3.6 (g) 1 to the Zoning Ordinance, in order to modify an existing Established Setback Area to include an established Side Setback for the entire Height of a building.

Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon

Chair Hardemon: I'll take one item that's out of order, as it's 9:59; that'll be PZ.23.

Commissioner Suarez: Move PZ.23.

Vice Chair Russell: Which one?

Commissioner Suarez: Move PZ.23.

Chair Hardemon: It's been properly moved. Is there a second?

Commissioner Carollo: Second.

Chair Hardemon: Been properly moved and second that we approve PZ.23.

Rafael Suarez-Rivas (Assistant City Attorney, Supervisory): Public hearing, and you want me to read it?

Unidentified Speaker: Please.

Chair Hardemon: Can you read it into the record, please?

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Mr. Suarez-Rivas: Yes.

The Ordinance was read by title into the public record by Assistant City Attorney, Supervisor, Rafael Suarez-Rivas.

Todd B. Hannon (City Clerk): And, Chair, if you'd like to open and close your public hearing real quick.

Chair Hardemon: Of course. Is there anyone from the public that'd like to make a comment at this time?

Unidentified Speaker: (UNINTELLIGIBLE) public. We've been here eight hours. (UNINTELLIGIBLE).

Commissioner Suarez: Okay, but that's not --

Chair Hardemon: Seeing no other person that wants to speak on this item, public hearing is closed at this time.

Unidentified Speaker: Eight hours.

Chair Hardemon: Is there any further unreadiness from the Commission? Any discussion?

Mr. Hannon: Roll call on item PZ.23. Commissioner Gort?

Commissioner Gort: Yes.

Mr. Hannon: Vice Chair Russell?

Vice Chair Russell: Yes.

Mr. Hannon: Commissioner Carollo?

Commissioner Carollo: Yes.

Mr. Hannon: Commissioner Suarez?

Commissioner Suarez: Yes, and let me just say that this PZ.23 is exactly the same thing that we're asking to do in fixing a text amendment for the back side lots of -- you know, to maintain them, T3. It's the exact same thing. Thank you. Yes.

Mr. Hannon: Chair Hardemon?

Chair Hardemon: For.

Mr. Hannon: The ordinance passes on first reading, 5-0.

Chair Hardemon: Motion passes. Now, for the -- per our ordinance, if there's not been a unanimous approval of continuing this meeting past 10 o' clock, the meeting comes to an adjournment at 10 o'clock or at -- after that last item at 10 o'clock. Mr. Clerk, if it does come to a conclusion -- because I would just rather just move to defer everything, but if it does not and the meeting does come to a close, all the items will be deferred to the next like meeting, correct?

Mr. Hannon: That is correct, sir.

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Chair Hardemon: Okay. So, you have a question?

Commissioner Carollo: It's a unanimous of Commissioners present?

Chair Hardemon: Correct.

Vice Chair Russell: Which way?

Commissioner Carollo: Quorum is three.

Chair Hardemon: I have -- I'll tell you this: I have seven agenda items, PZ (Planning & Zoning) on here, seven. And I will tell you -- well, I have --

Commissioner Carollo: I don't mind deferring yours, but are there other ones that --?

Chair Hardemon: No. What I'm referring (UNINTELLIGIBLE) you'll lose me. I think you'll lose --

Commissioner Suarez: Yeah. Can I just say that I don't object to continuing so that the people who have been waiting here for eight hours can have their items heard? I'm going to have to go; my father lost his younger brother today, so I have to go and be with him, okay? Sorry.

Vice Chair Russell: Do we know who's present for what items, though? I mean, I'd like to prioritize those, if we could. I'd be open to continuing tonight --

Commissioner Carollo: Yeah, so would I.

Vice Chair Russell: -- for those who have been here; the rest, we can table.

Commissioner Carollo: Commissioner Gort, are you open to continuing?

Commissioner Gort: Yeah, I don't have any problem.

Commissioner Carollo: Okay, so we have three Commissioners; we'll have quorum. Now, in all respect, I think the Chairman doesn't want to listen to any PZ items that affect his district, so we could defer those and then move on.

Commissioner Gort: Of course.

Commissioner Carollo: I don't know -- the gentleman that's been waiting here for eight hours, what item he's here for. If we could just hear --

Mr. Hannon: PZ.13.

Commissioner Carollo: PZ.13.

Chair Hardemon: I move to -- well, I'm sorry.

Commissioner Gort: That's his district.

Chair Hardemon: The Chairman would appreciate a motion to continue items -- where are we?

Francisco Garcia (Director, Planning & Zoning): Mr. Chair, if I may very briefly.

City of Miami Page 199 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016

Chair Hardemon: PZ.9 (UNINTELLIGIBLE).

Mr. Garcia: I believe all the items remaining are in District 5, sir.

Chair Hardemon: Excuse me?

Mr. Garcia: I believe all the items remaining in the PZ agenda are in District 5.

Commissioner Gort: Yeah.

Chair Hardemon: (UNINTELLIGIBLE).

Steven Wernick: Mr. Chair, just to clarify, the items that are in your district, are they being deferred to February 11 or February 25?

MAYOR AND COMMISSIONERS' ITEMS CITYWIDE

HONORABLE MAYOR TOMAS REGALADO

END OF CITYWIDE ITEMS DISTRICT 1

COMMISSIONER WIFREDO (WILLY) GORT

END OF DISTRICT 1 DISTRICT 2

VICE CHAIR KEN RUSSELL

END OF DISTRICT 2 DISTRICT 3

COMMISSIONER FRANK CAROLLO

END OF DISTRICT 3 DISTRICT 4

COMMISSIONER FRANCIS SUAREZ

D4.1 DISCUSSION ITEM 16-00052 District 4- DISCUSSION REGARDING THE OPERATION OF THE CORAL WAY Commissioner TROLLEY UNTIL 11 P.M. Francis Suarez 16-00052 E-Mail- Discussion Item.pdf

City of Miami Page 200 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016

DISCUSSED

Chair Hardemon: DI.3.

Commissioner Carollo: DI.3 has been deferred.

Chair Hardemon: Deferred?

Commissioner Suarez: We can go to the PZ's (Planning & Zonings), right?

Vice Chair Russell: I think we're back to the PZ items.

Daniel J. Alfonso (City Manager): D4.1, Commissioner Suarez, and I guess we've touched briefly on it.

Commissioner Suarez: Yeah. No, I was just -- basically, we're going to bring back a resolution. I think it should include not only the Coral Way trolley, but also, it should be -- it should have specificity with reference to the 8th Street trolley; that we want it to operate till 11 o'clock at night, and to look at the headways during special event nights, like Viernes Culturales, et cetera.

Mr. Alfonso: Okay. We will look at off peaks, as well. Thank you.

Commissioner Suarez: Thank you.

Chair Hardemon: So we'll put that as D4.1, right? D4.1.

Commissioner Suarez: I'm good.

Chair Hardemon: All right. Back in business.

END OF DISTRICT 4 DISTRICT 5

CHAIR KEON HARDEMON

END OF DISTRICT 5

ADJOURNMENT

The meeting adjourned at 10:35 p.m.

City of Miami Page 201 Printed on 3/24/2016