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 City of Miami Page 2 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016 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. City of Miami Page 4 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016 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? City of Miami Page 5 Printed on 3/24/2016 City Commission Meeting Minutes January 28, 2016 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.