Miami
FL

Ordinance
1909
INDEFINITELY DEFERRED
Mar 12, 2020 9:00 AM

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“MIAMI 21 CODE”), SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS AND ECONOMIC INCENTIVES FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

Information

Department:Department of PlanningSponsors:
Category:Planning and Zoning

Body/Legislation

WHEREAS, various local governments throughout the State of Florida and the country have implemented art in public places programs committing to the placement of public art in urban environments; and

 

WHEREAS, the City of Miami ("City") had the vision and foresight to adopt the first art in public places program in Miami-Dade County in 1967, but due to changes in Administration, the program went dormant; and

 

WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-018 by a vote of eight to zero (8-0), Item No. PZAB.6, recommending approval of the amendments to the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") to establish an art in public places program; and

 

WHEREAS, on January 12, 2017 pursuant to Ordinance No. 13656, the City Commission reestablished the art in public places program for public development projects and directed staff to provide for public art requirements for private development that would contribute to the aesthetic diversity and character of the built environment and the cultural enrichment of the community; and

 

WHEREAS, the PZAB, at its meeting on April 5, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-026 related to Chapter 62 of the Code of the City of Miami (“City Code”) and PZAB-R-17-025 related to the Miami 21 Code, by a vote of six to one (6-1), recommending approval with one condition of the amendments to Chapter 62 of the City Code and to the Miami 21 Code to establish an art in public places program for private development, which are attached and incorporated as Exhibit “A”; and

 

WHEREAS, the PZAB’s condition was that the Art in Public Places Ordinance shall not take effect until the adoption of the Public Art Master Plan; and

 

WHEREAS, the PZAB passed a motion directing the Department of Planning and Zoning staff to draft a “Public Art Master Plan” and bring the draft version before the PZAB for review and recommendations, prior to the Public Art Master Plan being scheduled for adoption by the City Commission; and

 

WHEREAS, the Historic and Environmental Preservation Board ("HEPB"), at its meeting on June 6, 2017, following an advertised public hearing, passed a motion authorizing the Chair to issue a letter of support with a condition to the amendments of the Art in Public Places Ordinance with regard to its applicability to private development, which such letter is attached and incorporated as Exhibit “B”; and

 

WHEREAS, the Art in Public Places Board (“AIPPB”) held several townhall meetings inviting the development community and artistic community to provide additional feedback; and

 

WHERAS, after several meetings, the AIPPB moved to simplify the Art in Public Places legislation and include development incentives and affordable housing incentives for local artists; and

 

WHEREAS, the AIPPB, at its meeting on September 17, 2018, following an advertised public hearing, , adopted Resolution No. AIPP-R-18-003 and Resolution No. AIPP-R-18-002 by a vote of eight to zero (8-0), recommending approval with one condition to amend Chapter 62 of the City Code and the Miami 21 Code to establish a public art program for private development, which are attached and incorporated as Exhibit “C”; and

 

WHEREAS, the Urban Development Review Board ("UDRB"), pursuant to City Code Section 62-258, at its meeting on December 19, 2018, following an advertised public hearing, passed a resolution by a vote of six to zero (6-0) to support with conditions the amendments of the Art in Public Places Ordinance with regard to its applicability to private development; and

 

WHEREAS, an encompassing public art program would create a stimulating and diverse cultural environment that reflects, defines, and enhances the City's heritage, values, and visions for the future, through art integrated in the architecture, infrastructure, and landscape; and

 

WHEREAS, the City recognizes that the aesthetic diversity provided by art within the City's built environment is vital to the quality of the life of its residents and to the economic success of its businesses as it attracts visitors and potential residents, fuels the local economy by creating job opportunities, and assists the City in fulfilling its mission to make the City a premier world class place in which to live, work, and raise a family; and

 

WHEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1981), the United States Supreme Court held that land development regulations which require development to meet aesthetic conditions have been generally found to be supported by a legitimate public purpose; and

 

WHEREAS, in Ehrlich v. City of Culver City, 911 P. 2d 429 (Cal. 1996), the California Supreme Court held that an art fee on private development is a legitimate aesthetic regulation which does not require the same level of legal scrutiny as an impact fee; and

 

WHEREAS, the City Commission desires to amend Article 11 of the Miami 21 Code, titled "Art in Public Places Program" ("Public Art Program"), to establish public art requirements for private development thereby creating a cultural legacy for future generations through the curation and exhibition of high quality art that reflects a variety of artistic styles and a diversity of culture, beliefs, and thinking to chronicle and pay tribute to the City's history through the collection of artifacts, documents, and memorabilia, and to enhance the quality of life for its citizens through the placement of art, creation of artistic opportunities and implementation of art programming; and

 

WHEREAS, the requirements found in this Ordinance are design standards based on the aesthetic needs of the City and its communities and are not intended to be construed as either an impact fee or a tax; and

 

WHEREAS, public and private development projects shall contribute to a public art program to enhance and maintain the City's aesthetic diversity and character; and

 

WHEREAS, the Public Art Program, as set forth in this Ordinance, does not conflict with the laws and policies governing any development agreements authorized by Sections 163.3220 - 163.3243, Florida Statutes, as amended, and does not prevent development of the land uses, intensities, or densities for projects subject to development agreements; and

 

WHEREAS, the Public Art Program, as set forth in this Ordinance, is essential to the public health, safety, and welfare of the residents of the City; and

 

WHEREAS, it is the intent of the City Commission and the Public Art Program to place art in public places and the fee in lieu of public art as authorized in the Public Art Program is an alternative that developers may avail themselves of, but is not the primary goal of the Public Art Program; and

 

WHEREAS, the City Commission hereby finds and declares that the adoption of this Ordinance is consistent with the Miami Comprehensive Neighborhood Plan, and that it is necessary, appropriate, and advances the public interest;

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:

 

Section 1.  The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.

 

Section 2.  The Miami 21 Code is hereby amended by making modifications in the following particulars:[1]

 

"ARTICLE 1. DEFINITIONS

 

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1.5              DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM.

 

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Art in Public Places Board ("AIPPB"): The entity appointed by the City Commission to aid in the administration of the Public Art Program Art in Public Places Program. The AIPPB shall have the power to make decisions regarding dedications, donations, and acquisitions of Art to fulfill the requirements as prescribed in Article 11 of this Code and Chapter 62 of the City Code. Reference to approval by the AIPPB of this Code shall mean approval at a duly noticed public meeting.

 

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Development Project: Any Development, as defined in this Article, including remodeling, construction, or redevelopment, which requires a Building permit or permits as described on the precise plan submitted for approval to the City.

 

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Public Art Fee or Public Art Amount: See Sections 11.4(b) and 11.6(a)7.

 

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Wynwood Public Art Regulations: A set of standards and regulations, including but not limited to applicability of public art, criteria, policies and procedures related to the submission, donation, dedication, consideration, and acceptance of Art on private development for properties located within the Neighborhood Revitalization District 1 (“NRD-1”), which shall be adopted by the City Commission, pursuant to a recommendation by the Director in consultation with the AIPPB and amended as necessary.

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ARTICLE 3. GENERAL TO ALL ZONES

 

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3.17              Public Art Requirements.

 

Government Development Projects and Development Projects shall comply with all applicable provisions of the Art in Public Places Program pursuant to Article 11 of this Code and Chapter 62, Article XVI, of the City Code, as applicable.

 

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ARTICLE 11. ART IN PUBLIC PLACES PROGRAM

 

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11.4              Applicability.

 

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b.              Non-governmental and private sector Development Projects. All non-governmental and private sector Development Projects (including interior or exterior modifications, additions, or new construction) including but not limited to parking structures, Residential Development Projects, mixed use Development Projects, or commercial Development Projects shall provide for the acquisition of works of Art subject to the project valuation schedule below, or a combination thereof per Section 11.5 of this Code:

 

1.      Development Projects with Construction Cost of three million dollars ($3,000,000.00) to five million dollars ($5,000,000.00) shall provide for the acquisition of works of Art in value of a minimum of half a percent (.50%) of Construction Cost for artwork provided on site, or a half a percent (.50%) of Construction Cost if the fee is paid into the Fund, or a combination thereof per Section 11.5 of this Code.

 

2.      Development Projects with Construction Cost of over five million dollars ($5,000,000.01) to ten million dollars ($10,000,000.00) shall provide for the acquisition of works of Art in value of a minimum of three quarters of a percent (.75%) of Construction Cost for artwork provided on site, or three quarters of a percent (.75%) of Construction Cost if the fee is paid into the Fund, or a combination thereof per Section 11.5 of this Code.

 

3.      Development Projects with Construction Cost of over ten million dollars ($10,000,000.01) to fifteen million dollars ($15,000,000.00) shall provide for the acquisition of works of Art in value of a minimum of one percent (1%) of Construction Cost for artwork provided on site, or one percent (1%) of Construction Cost if the fee is paid into the Fund, or a combination thereof per Section 11.5 of this Code.

 

4.      Development Projects with Construction Cost over fifteen million dollars ($15,000,000.01) shall provide for the acquisition of works of Art in value of a minimum of one and a quarter percent (1.25%) of Construction Cost for artwork provided on site, or one and a quarter percent (1.25%) of Construction Cost if the fee is paid into the Fund, or a combination thereof per Section 11.5 of this Code.

 

5.      This Article shall not be applicable to Development Projects that consist only of interior renovations or remodeling of an existing Structure with a Construction Cost of less than fifty percent (50%) of the appraised value of the Structure or three million dollars ($3,000,000.00), whichever is greater.

 

6.      This Article shall not be applicable to the Residential components of Affordable Housing Developments or Workforce Housing Developments not otherwise required to provide Public Art by Miami-Dade County, pursuant to Sec. 2-11.15, titled Works of Art in Public Places, of the Miami-Dade County Code, as amended, and Miami-Dade County Procedures No. 358, as amended, titled "Art in Public Places (AIPP) Procedures".

 

B7.              The Building Department will calculate the pertinent Public Art FeeAmount in accordance with this Article as typically calculated on the building permit for the Construction Cost of the Development Project. When disputes arise in determining the Public Art FeeAmount, the Developer(s) shall provide the Building Department and the Public Art Division a copy of the executed notarized construction services contract(s) for the Government Development Project so that the City can accurately determine the Construction Cost and properly calculate the Public Art FeeAmount based upon the anticipated Construction Cost.

 

c.              The AIPPB, at a public hearing, may waive the following from the Public Art Program upon recommendation from the Public Art Division:

 

1.      The reconstruction of Structures which have been damaged by fire, flood, wind, or other act of God.

 

2.      The restoration or rehabilitation of a portion(s) of a Historic Resource as defined in Article 1, Section 1.5. that does not alter the size or occupancy load of the Structure.

 

3.      The repair or rehabilitation of a Structure for the installation of fire sprinklers or improvements pursuant to the American with Disabilities Act.

 

4.      Government Development Projects funded by grant(s) that prohibit the use of grant funds for purposes not specified under the grant(s).

 

5.      Affordable Housing Developments not otherwise required to provide Public Art pursuant to Section 2-11.15 of the Miami-Dade County Code, as amended.

 

6.              Religious Facilities or Development Projects by qualified 501(c)(3) organizations except as otherwise provided in Section 2-11.15 and Procedures No. 358 titled "Art in Public Places (AIPP) Procedures" of the Miami-Dade County Code, as amended.

 

7.              Properties which have received Notice of Recertification for structures 40 years and over in accordance Section 8-11(f) of the Miami-Dade County Code, as amended.

 

 

11.5              RESERVEDCompliance with the Public Art Program and this Article shall be by one (1)               of the following:

 

a.              Except as provided in Chapter 62, Article XVI of the City Code, as amended, payment of the Public Art amount shall be made prior to issuance of a master building permit for a Development Project, unless specifically stated otherwise herein.

 

b.              Except as provided in Chapter 62, Article XVI, of the City Code, as amended, prior to issuance of a Certificate of Occupancy ("CO"), the Developer may:

 

1.              Donation of Public Art. Donated Art which has been approved by the AIPPB as having a documented minimum value of the required percentage of the total Construction Cost for private Development Projects, or total Project Cost for Government Development Projects;

 

2.              Placement of Art on site. Art placed on the Development Project site, which shall have a minimum value of the specified required percentage of the total Construction Cost for private Development Projects, or total Project Cost for Government Development Projects; or

 

3.   Prior to Donation of Art or placement of the Art on the Development Project site, the Art must be approved by the AIPPB pursuant to Chapter 62, Article XVI, Section 62-659 of the City Code.

 

4.   For large scale Development Projects being developed in phases pursuant to a Special Area Plan (“SAP”) located within the City, a Major Use Special Permit (“MUSP”) located within the Midtown Overlay District, or a Development Project consisting of a minimum of forty (40) acres or more under common control located within the Civic Institutional Health District (CI-HD), Developers may submit a Public Art Master Plan for the subject site to be approved by the AIPPB in accordance with the requirements as provided in Chapter 62, Article XVI, of the City Code and Article 11 of this Code, both as amended. The appraised or purchased value of existing Art approved under the Public Art Master Plan may be credited towards the requirements of this Article for future Development Projects on the site.

 

11.6 RESERVED.Neighborhood Revitalization Districts (“NRD”).

 

a.              NRDs that have a Design Review Board or Committee may make recommendations to the AIPPB for the installation of Art for Development projects located within the NRD boundaries.

 

b.              Specific to the NRD-1 “Wynwood Arts District”, as contained within the boundaries of the NRD-1. With the exception of Government Development Projects, Development Projects within the NRD-1 boundaries shall not be subject to the definitions, development standards, review criteria, or requirements for compliance with the Art in Public Places Program as set forth in Section 3.17 and in this Article 11 of the Miami 21 Code, and in Chapter 62, Article XVI of the City Code, as applicable and as amended, except as may be explicitly incorporated, or incorporated by reference, within subsequently adopted regulations after approval by the City Commission.  As long as it is in existence, the Wynwood Design Review Committee (“WDRC”) shall propose Public Art regulations, including but not limited to the applicability of Public Art requirements, criteria for review and placement of Art, public Art guidelines, for private development for properties located within the boundaries of the NRD-1 which may be incorporated into the Public Art Master Plan and shall be known as the “Wynwood Public Art Regulations”, which shall require approval by the City Commission upon a recommendation of the Director in consultation with the AIPPB as the applicable regulations for Public Art within the NRD-1. The WDRC shall serve as the Public Art Board when reviewing Public Art applications for private development within the NRD-1. No Public Art Funds shall be expended within the boundaries of the NRD-1 except for Government Development Projects subject to Public Art requirements.

 

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11.8.              Economic Incentives:

 

Government and private sector Development Projects found to be in compliance with Art in Public Places requirements in accordance with Article 11 of this Code may request the following economic incentives upon submitting an application to the Public Art Division for administrative review and approval:

 

a.      Floor Lot Ratio (“FLR”) Incentive: The Development Project may obtain an additional FLR bonus equal to the Public Art Amount for the Development Project site when providing onsite affordable studio, community gallery or office space pursuant to the Public Art Master Plan. The affordable space provided shall not exceed the applicable Public Art Amount percentage required as outlined in Section 11.4 of this Article. Said space shall not count towards maximum FLR and shall not have a parking requirement. Prior to any entitlements, the Developer must record a covenant running with the land in a form acceptable to the City Attorney. The City of Miami’s Public Art Division shall work with local nonprofit organizations certified by the City that promote the visual and performing arts when allocating space as a result of this section and as further outlined in the Public Art Master Plan.

 

1.      The FLR incentive shall be calculated as follows: Public Art Amount/Project Cost per square footage for Government Development Projects = additional square footage (FLR); or Public Art Amount/Construction Cost per square footage for private Development Projects = additional square footage (FLR).

 

2.      The total Project Cost for Government Development Projects, or the total      Construction Cost for private Development Projects, divided by the total Development Project square footage equals the Project Cost, or Construction Cost, per square foot.

 

3.      Example: if the Project Cost or Construction Cost, as applicable, is $40,000,000.00 and the total Development Project square footage is 400,000 then the Public Art Amount would be $600,000 and the Project Cost per square foot would be $100.00. As such, the FLR would be calculated as $600,000.00/$100.00 = 6,000 square feet (FLR).

 

b.      Density Incentive: The Development Project may obtain an additional density bonus equal the Public Art Amount, for the project site when providing Affordable Housing units on site for local Artist(s) at or below sixty percent (60%) AMI. The number of Affordable Housing units provided for local Artist(s) shall not exceed the Public Art percentage requirement as outlined in Section 11.4 of this Code. Said units shall not count towards maximum Density or FLR and shall not have a parking requirement. For the purpose of this Section, an Artist(s) is defined as someone whose main income is derived from an art related field such as but not limited to art, music, dance, or theater and as further outlined in the Public Art Master Plan. Prior to any entitlements, the Developer/Owner must record a covenant running with the land for the Affordable Housing units for Artist(s) in a form acceptable to the City Attorney.  This Density incentive is subject to any applicable regulations of the MCNP.

 

1.      The Density incentive shall be calculated as follows: Additional square feet (FLR) as calculated in Section (a)(1) above/Development Project average unit size = Density bonus.

 

2.      Example: if the Development Project average unit size is 600 square feet and the additional square footage (FLR) as calculated above is 6,000 square feet, the additional Density would be calculated as 6,000/600 = 10 units.

 

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Section 3.  This Ordinance shall not apply to any Development Projects that have a valid and effective Waiver, Warrant, Class II, Variance, Exception, Certificate of Appropriateness, Major Use Special Permit, Development Agreement, or Special Area Plan permit on the date of adoption by City Commission at Second Reading of this Ordinance and that obtain a master building permit within twenty-four (24) months of said date of adoption by City Commission at Second Reading of this Ordinance. If a decision on a Waiver, Warrant, Class II, Variance, Exception, Certificate of Appropriateness, Major Use Special Permit, Development Agreement, or Special Area Plan permit has been timely appealed as of the date of adoption by City Commission at Second Reading of this Ordinance to the PZAB, the HEPB, the City Commission, or a court of competent jurisdiction, the twenty-four (24) month period to obtain a master building permit shall begin to run on the date of a final order on the appeal to the highest court of competent jurisdiction, or the issuance of the permit, whichever is later. This Ordinance shall not apply to any Development Projects that have been deemed to have a complete application by the Director of Planning as defined by the application checklist included as Exhibit “D” to this Ordinance, as of the date of adoption by City Commission at Second Reading of this Ordinance and that does not remain inactive for a period not to exceed three (3) months, and has not been substantially modified from its initial submittal, unless at the request of or proposal of the Department of Planning. Substantial modifications shall mean a material change such as but not limited to, Height, FLR/Lot Coverage, number of floors and or dwelling units, decreases in setbacks, open space, uses and parking spaces. If substantially modified, the Ordinance shall apply to the entire project. 

 

Section 4.  If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.

 

Section 5.  It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or re-lettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention.

 

Section 6.  This Ordinance shall become effective immediately after adoption of the Public Art Master Plan.[2]

 

 


[1] Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.

[2] This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.

Meeting History

Apr 13, 2017 9:00 AM Video City Commission Regular Meeting
RESULT:NO ACTION TAKEN
Jun 22, 2017 9:00 AM Video City Commission Planning and Zoning
RESULT:PASSED ON FIRST READING WITH MODIFICATION(S) [UNANIMOUS]Next: 10/12/2017 9:00 AM
MOVER:Ken Russell, Vice Chair
SECONDER:Francis Suarez, Commissioner, District Four
AYES:Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Francis Suarez
ABSENT:Frank Carollo
Oct 12, 2017 9:00 AM Video City Commission Regular Meeting

Note for the Record: Per Miami City Code Section 2-33(k), Item PZ.1 has been continued to the November 16, 2017, Planning and Zoning Commission Meeting.

RESULT:NO ACTION TAKENNext: 11/16/2017 2:00 PM
Nov 16, 2017 2:00 PM Video City Commission Planning and Zoning

Note for the Record: Item PZ.7 was continued to the December 14, 2017, Planning and Zoning Commission Meeting.

RESULT:CONTINUED [UNANIMOUS]Next: 12/14/2017 2:00 PM
MOVER:Frank Carollo, Commissioner, District Three
SECONDER:Manolo Reyes, Commissioner, District Four
AYES:Keon Hardemon, Ken Russell, Frank Carollo, Manolo Reyes
ABSENT:Wifredo (Willy) Gort
Dec 14, 2017 2:00 PM  City Commission Planning and Zoning
RESULT:INDEFINITELY DEFERRED [UNANIMOUS]Next: 6/28/2018 9:00 AM
MOVER:Manolo Reyes, Commissioner, District Four
SECONDER:Keon Hardemon, Chair
AYES:Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes
Jun 28, 2018 9:00 AM Video City Commission Planning and Zoning
RESULT:INDEFINITELY DEFERRED [UNANIMOUS]
MOVER:Wifredo (Willy) Gort, Commissioner, District One
SECONDER:Manolo Reyes, Commissioner, District Four
AYES:Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes
Jan 24, 2019 9:00 AM  City Commission Planning and Zoning
RESULT:INDEFINITELY DEFERRED [UNANIMOUS]Next: 7/25/2019 9:00 AM
MOVER:Keon Hardemon, Commissioner, District Five
SECONDER:Manolo Reyes, Commissioner, District Four
AYES:Ken Russell, Joe Carollo, Manolo Reyes, Keon Hardemon
ABSENT:Wifredo (Willy) Gort
Jul 25, 2019 9:00 AM  City Commission Planning and Zoning
RESULT:INDEFINITELY DEFERRED [UNANIMOUS]Next: 2/24/2020 9:00 AM
MOVER:Wifredo (Willy) Gort, Commissioner, District One
SECONDER:Ken Russell, Commissioner, District Two
AYES:Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes, Keon Hardemon
Mar 12, 2020 9:00 AM  City Commission City Commission Meeting
draft Draft
RESULT:INDEFINITELY DEFERRED [UNANIMOUS]Next: 10/8/2020 9:00 AM
MOVER:Ken Russell, Vice Chair, District Two
SECONDER:Keon Hardemon, Chair, District Five
AYES:Keon Hardemon, Ken Russell, Alex Diaz de la Portilla, Manolo Reyes
ABSENT:Joe Carollo

Transcript

Jun 28, 2018 9:00 AMVideo (Windows Media) MP4 VideoCity CommissionPlanning and Zoning

 

9:07 AMRecording was Paused
I'm sure we are going to be seeing each other quite a few times.
9:08 AM> members of the city commission are joe carollo, ken russell, vice chair and we also have mayor francis suarez, and city attorney mendez -- alright please.
> we are meeting today for minors of business. In bringing superior wisdom. Thank you for being our social guidance today. Amen.
9:09 AM> [ pledge of allegiance ] struck we will make the presentations and proclamations
> two of them are here.
One of them is for someone who has long served the city and has been a vital part of our city. We have all witnessed his work. He has been promoting efficiency and accountability. He has served as the city's chief financial officer and currently oversees solid waste amongst others. He has received multiple bond rating upgrades. Excellent records of financial reporting and budgeting as well as transparency and community involvement. And he has headed up employee wellness programs. Because of his professionalism, fernando has been named public administrator of the year. Today we join our colleague and recognizing fernando for his years of service and we look forward to continue to work with him for the betterment of our community. We cannot be more proud than a person like fernando, we congratulate him on this honor.
9:11 AMHonoree fernando casamayor [ applause ]
> [ pause ]
> thank you all very much, first I want to recognize south florida for recognize me for this award. There've been some amazing people who have gotten this award in the past and I am honored to be in the same category as those people. First and foremost I would like to thank my family, grandparents, my uncle, my mom and my sister who helped raise me. They instilled the value -- values that I carry today. I want to thank my amazing and beautiful wife who is working as a public administrator as well, so she could not be here work -- sweetheart, thank you for putting up with me. I want to thank my amazing, supercool 11-year-old son who truly brings to light in my life. When I get home, and he gives me a hug, my day always gets better. I want to think -- think -- staying -- to express them with dignity, so thank you for that. I would like to thank the city manager, city manager emilio gonzalez, for allowing me to continue this work. It is important to me that I have a job that matters. I also want to thank all of my coworkers and friends, the last 30 years, including 26 at miami dade, i've had the privilege of working with the most amazing group of people that anyone could ask for. I am recognized for my accomplishments but I know darn well that I did not do all this by myself. Thank you all for helping me to do what I do. You are the ones that inspire me. And let's get on with the people's business.
9:13 AM> [ cheers and applause ]
> I have to tell you, I worked with this man for five years, the thing that I admire about him is that he is a professional, he will come and tell you what he thinks or what he knows as a professional. If we change the policies, that is different, he is a professional and we appreciate that. Thank you.
> [ applause ]>>> I get to say my couple of words now, it has been a pleasure working for you -- with you. Every time you come in, my staff gathers around what could be a boring conversation, but you always bring transparency, levity and clarity. I appreciate everything you do for the city. Thank you.
9:15 AM> [ applause ]>>> come on@. -- come on up.
9:17 AM> I was going to put you back to work. [ laughter ]
> the next person who we are commemorating today is our good friend. She has served with distinction with -- for 15 years and has risen through the ranks and established herself as a leader. Luana quickly rose to the position of special projects in the planning department followed by a promotion to assistant director. She has become instrumental in the successful implementation of miami 21. Her vital work which includes outreach initiatives at -- and miami 20 one's success it is with both sadness and gratitude that we honor luciana for her career and wish her the best in her retirement. She is too young to retire. We want to commend her family who is here, I often see her husband at sergio's. It is a wonderful support system that she has, it is no wonder she is so successful. Thank you.
9:20 AM> [ applause ] [ cheers and applause ]
>
> they have asked me to say a few words. I wanted to say thank you to my miami family, it has been a wonderful 15 years here. I have to thank my city of miami colleagues, all the directors, city manager, commissioners and mayors that I have worked with. The city of miami is a wonderful place to be and I am so glad to have had a small part in developing the city. I want to think my family for being here and thank you to some of my colleagues, to francis kyle -- francisco, the opportunity to serve under his leadership. It is bittersweet for me, fernando said it best, it is about family, and the reason why I am leaving the city of miami is to be able to spend more time with my family as my children grow. Thank you to my has been for being so supportive of what I am trying to do. And the city of miami will always be home for me, I will continue to help develop it, just from a different role. Thank you to everyone, I will miss it and I appreciate having the opportunity to be here. Thank you.
9:21 AM> [ cheers and applause ]
> we want to thank you for your services, I have four girls, so I understand, you will enjoy that.
9:22 AMWe will now begin the regular meeting, we will talk about the procedures to be followed during this meeting.
> thank you, vice chairman, -- any person who is a lobbyist to advocate by this city commission, must register with the city clerk and the requirements before the city commission. Lobbyist, staff members, a copy of the code section is available in the office. Anyone making a presentation, must make a disclosure required by the city code in writing. The code section is available in the office or online. Any person May be heard by the city commission for any proposition, must be modified by the chair. If we have to reschedule to a later date, -- when addressing the city commission, you must state your name, address and item that you will be speaking about. Any motion to appeal, maybe a verbatim record of the item. The office of communications will have that. No cell phones, or noisemaking devices are permitted in the chambers. No clapping, applauding, or outbursts will be permitted. Any person making offensive remarks will be barred from attending further meetings and meet -- and May be subject to arrest. Anyone requiring assistance must notify the city clerk. The meeting will end at either the conclusion of the agenda and items -- at this time, the administration will announce any items that May be further withdrawn.
9:24 AM> good morning, Mr. Chair, Mr. Vice chair, commissioners, at this time, the administration would like to defer these items, to be indefinitely deferred, sr one [ whispering ] 1. To be deferred to the second meeting in july, July 26, sr seven.
The firefighter relief fund.
That is it, do any of the commissioners have any items that they wish to defer?
9:25 AMI would like to discuss ea five. understood.
Commissioner Manolo reyes, anything further ?
I would like to have see a 5, I would like to do for that item to July 26. It is a well-intentioned item but is not fully baked yet. What we can do is have the discussion --
What about a motion to --
Is looking really good, the activists have recommendations that they would like to see it become more successful, we figured a month of them working with my office, anyone interested can get it right. We are looking to defer c a 5 to july.
9:26 AMThis is a discussion item for the preservation concept, it is a discussion item for today, I would like to defer that item to July 12. That being -- the reason being, the applicant of this item needs to be informed before he goes, originally it was for July 3 agenda of the headboard, but I had spoken to the chairman's, that agenda is very packed, this is a big item so they are looking to make a special meeting just for this issue on July 16. So I would like to take this up on July 12, there are a lot of people who would like to speak who were not able to come to today -- so we will do di 5 to at that point. Is there anything else? Is there a motion to accept the order of the day, it has been moved all in favor say aye.
9:27 AM[ gavel pounding ]
> can I get a motion to move the meeting minutes. All in favor say aye.
> [ gavel pounding ]
> motion has been moved.
Anyone who would like to speak today on any of the items we are addressing is very welcome, you have two minutes apiece, you will hear a sound when you are down to 30 seconds, that is time to wrap it up. Please state your name and item that you are speaking about. If you can let us know the agenda item, so we can quickly look and see what you are talking about. State your name, you do not have to state your address, but any person who would like to speak on items today, please approach so that we can get through it quickly and efficiently. This is not on the planning or zoning agenda, only in the morning agenda, that would be on the consent agenda. The as ours, and the art ease [ whispering ] res
9:28 AM> you will have to wait for after 2 pm on that item.
9:29 AMOn residential density, which is item -- [ pause ] fr 1 , it is the same subject.
My name is sherman, I am the president of a tenants association, it is an affordable -- senior housing. Conflict tembre first 2019, about 400 seniors will be out on the street as a result of the 2014 cell, I call it a giveaway by the teachers union to a developer, by the pretense that it with play preserved as affordable housing. The city and the state and county did nothing to prevent that, that will be the worst habit -- tragedy if it can happen.
How does that relate to the issue at hand?
9:30 AMIt is a density bonus to preservation.
Why not go the rest of the way? Why are we giving large density bonuses?
Whatever it takes, 100%, 200%, there are ways to preserve his doric properties but also places such as 1809 brickle avenue. If we can preserve his doric properties, why can we not preserved 1809 brickle avenue? There are thousands of units in the same situation as us. This is basically signing the death certificate, not only for historical properties, but also for thousands of senior housing. Why is that not part of the measure to use those same devices, by the way, we have three other measures that we are proposing that we believe will protect us and welcome the opportunity to discuss those with you. We talked about it briefly, zoning reversions that can be used for historical preservation's. And other measures, thank you very much.
9:31 AM> in a measure, we are basically taking -- and allowing areas to increase their density from that, your suggestion is to include affordability in that equation?
Exactly and to raise the amount of whatever it takes, for density bonuses so that developers will be in sensitized and wanting to build more affordable housing.
When this comes up, I will certainly bring up an amendment.
9:32 AM> scott here to speak on fr 2, other historical heritage sites in miami. First of all, we endorse the waiver and agree that it should be -- however, this ordinance is trying to turn it on its head. Allowing a homeowner to opt out, I understand the issue involved here, but this commission and self would be unconstitutional. The county charter, under 9. 04 provides municipalities to take precedence. You May have a historical environmental preservation board, but you could have any provision that is less restrictive. In essence, what you are doing by introducing this is creating an interesting ordinance that would affect the legal, you cannot allow for an opt out. We will show through the other speakers, that it is against local and national policy, we went back and interviewed, you will hear prior preservation officers and it is not the problem you May think it is. The county is doric takes pride in his doric -- historic May allow less restrictive rules. You are violating the principles of due process, once they are designated, they have an appellant right. If they are designated, and asked for a certificate of appropriateness, they can already put that in place. I understand your intentions, on this, but a repellent be -- would allow for due process. If they could opt out, that is not how historic preservation's take place. If you pass it, it would be knowingly, illegal, ordinance, and I do not think that is the intention.
9:34 AMCan i, interrupt?
You're saying that passing this ordinance, we will be against the county and state law?
Yes, on the the county charter, they could revoke your headboard and take back jurisdiction, we would lose that over historic sites, if you do not comply with their --
This ordinance, the only thing I intend to do, is to expand by which the historic preservation board is acting, by declaring anything historic and the concept is anything that looks like his doric will be declared historic. There's nothing I would do to stop the claim of a building being historic. The title should be historic. But, by no means, do I want to eliminate historic preservation in the city of miami. What it tends to eliminate is what I call an abuse of power, that has been the norm for the past years or so.
9:35 AMI understand the intention, if that is the desire, you will allow for a free appeal.
9:36 AMThank you, could you address that item because the city attorney has signed off, are there any inconsistencies?
We are comfortable with how it is drafted. There is no legislation, then the county would come in, but we are comfortable with how the ordinance is drafted.
So you do not agree that creating a mechanism of such a site, ordinance prepared --
The requirement is that there has to be a hep process.
This process is still a process, where you get to the hep board.
9:37 AMIt gives you -- it does not mean that when it comes here, it gives you the opportunity to appeal to the commission, which we are there legislative body.
We will take it up during the item, thank you. Next speaker.
> my name is jason, I am a commercial real estate broker and licensed attorney living in miami. I am here as a concerned citizen, hereto discussed item di 6, for motorized scooters. I was injured very badly by one, and I want to tell my story in the hopes of making our streets safer for people like me. As I said, I am a licensed attorney, I am an intelligent person and the warning signs in my opinion, when I got on the scooter the night that I fell, were inadequate. That mixed with some of the existing road conditions, on michigan boulevard, specifically the yellow patches on the sidewalk, for handicap purposes. I believe that the wheel on my scooter was so thin that it actually got caught, wet out I was traveling through that section of the sidewalk. It threw me off and I fell to the point where I fractured and dislocated my ankle and had to go into emergency surgery the same day. I was lucky that the doctors were able to fuse my bones back together and save my leg, but it was dramatic and I want to make sure that I am doing whatever I can to make the streets safer. I'm not really sure, this is my first time at a commission hearing, I am hoping if you have questions for me, I can help and make things better.
9:39 AMAre you looking for recommendations to improve the notification of awareness of danger before someone gets on? And that we address our streets and sidewalks that if we are going to allow these vehicles that we have a safer pathway? These are obviously -- as a moped or skateboard or anything, there is a danger involved, but your point is for him a legal point of view it should be very clear before anyone rides that they know what they are getting into. Is that it?
Yes sir, I live where there is a big part in front of my building, I consistently see young people, people with kids, on the scooters writing around and it makes me nervous because I know the extent of my injuries. The last thing I would want as a child to suffer what I suffered. The other thing that you mentioned, it seems that the design of the scooter, again I am no expert, but it was not made compatible for the streets of miami, because specifically, what I was caught on that sent me flying, is all over the place and serves a useful purpose for the citizens of miami, but I noticed another company called bird, has much wider and thicker tires, and that might have gone over the bump that I hit more easily. Definitely, the regulations for these companies and what they can design.
9:40 AMCould you research the helmet laws for children in the state of florida, please, so that we can have that at hand when we discuss this item? I would like to know what legal recourse we have, or the police have when they see this taking place.
9:41 AMYes sir.
Thank you very much for your time.
> good morning, christine robin, I am here to speak on fr 2 to allow for a claim of economic hardship on a property, before it is historically designated. Preparing for the presentation, we reached out to national experts of historic preservation's. For their assistance for these claims as outlined in chapter 23. It has been found to be legally sound with regard to economic hardship claims, more importantly the proposed amendment of allowing the plea of economic hardship, during the designation hardship with -- I would like to submit for the record, case law regarding historic preservation for review by the city attorney.
9:42 AMThank you.
There was a quick pause on your time while you deliver that.
Okay, thank you. [ laughter ] practice of preservation state that you do not consider hardship and it is only speculative intel a property is deemed -- until a property is deemed historic. In order to help educate miami residents, we would be happy to spend time with you and our legal as -- experts and professionals. The diverse and cultural heritage is very american and legal and makes good economic sense. Look at the positive financial benefit of preservation in miami, the mime oh district, the national treasure, and the increase of steady properties of historical districts in miami. Historic designation alone does not make an economic hardship, therefore, the commission should uphold such legal presidents by voting on this amendment in chapter 23. Thank you.
9:44 AM> my name is matt volante, I am here to speak about the item ph 2 which would be the alley behind our house on our block. I've been living in this house since 2005, when we originally bought the house we were told that the house had 7300 square feet on the lot, and then we found out that it had an alley in the back, so we ended up with 6500 square feet. We would like to speak in favor of supporting the abandonment of the alley, we think it would be a great thing for the neighborhood, there is no reason to have the alley there. I think it would add probably $50,000 to everybody's net worth , because right now, if you are able to sell the property, you are not able to with the alley there. For younger family like myself, we would and if it by having that happen. I appreciate that, thank you.
9:45 AM> thank you.
> good morning, vice chair, I am bruce eyre hoff, here regarding item fr 2, amended in two chapter 23. For economic hardship for properties that are not designated, it should be noted a claim, in the city of miami preservation ordinance. For inference language, they historic designation causes economic hardship, please note the following facts. Heritage hp officers for the city, to understand how many people have pleaded economic hardship due to historic designation, we found the following, present staff has no hardship appeals, megan schmitz, to her knowledge there was no such appeals during her tenure, there were two or three hardship cases before that, but it was only due to certificate of -- somewhere allowed latitude regarding window choices. Finally, sarah cody stated, the only time that this has come up in the five years that she had been here was with the bay harbor continental. Entrance lee, -- interestingly, when our ordinance was adopted with the revised language in November 2016, one important revision added clarity to the economic hardship section. The county attorney the -- found that designation does not show a hardship. Instead, it hardship clays can be brought about, our language now specifically prohibits claiming undue hardship at the time of designation. In summary, chapter 23, the ordinance already offers remedies. The statistics show that with over 140 individually designated structures and 11 historic districts, this designation does not create undue hardship or residence. Thank you.
9:48 AMGood morning, albert gomez, I am here to speak on fr 1, fr 2 , the four that I want to say I am very proud to be able to celebrate today in miami, it makes me feel proud to be a citizen of miami. On fr 1, I like that idea, the transfer of density is critical , an opportunity not used is not an opportunity. We should take advantage of a lot of the opportunities that we do not. That goes to fr 2, I understand the economic easements or the hardship that you are talking to, one thing I would say is, I have had the experience with the miami bridge and we found archaeology to sites there and wanted to put a site -- a basketball court there, but when we found the archaeological dig, we turned it into an education program and things of that nature. There is always an upside, I understand the personal side, the easement has to be given, but realistically, there are a lot of choices for the resident to basically, they need a reference guide. Or a toolkit that we can offer them that can help that. And on that di 6 comment, I think there is a lot of transit organizations that could help in supporting and validating the technologies available. I also think that I have seen police officers do things in front of them that were wrong, you need a citation guideline that is a little more robust, so that they understand how to regulate it on the field. Maybe even train some community officers to certify or pass citation when you see them.
9:50 AM> once again, I want to talk to the designated -- make it more clear. When you declare historic properties, that you say it is economic hardship, those have nothing to do. The way it should have been written is that anybody that is -- any property that is being declared, the owners should be notified that they have an appeal process available, if they want to. They could appeal that, also, if there is economic hardship, because I know many cases and many people who have not been able to appeal to the commission about the designation of the property. Because it is very costly. What I want to do is provide the means for those persons, if they cannot come in front of the commission, because they have to hire an attorney, and they cannot speak or comment in front of the commission, to be able to come. That has nothing to do with any findings of historic value, or designating historic value. It is to give the residents and the people a mechanism for them to request, that the properties shouldn't be , it is to prove the case, that is what I want. I want to protect property values that in my opinion, have been taken arbitrarily by the designation of historic. That is what we want to do. This is not -- we are not preclusive of a site, whether it be a cemetery, if it is declared and stored. That has nothing to do with it. It is the right of the individual to appeal when the property is designated. Now, if in the midst of the criteria, it comes in front of the commission, and we decide that it does meet the criteria, fantastic. That is the only thing we are doing. We are trying to provide the means for everybody to come in front of the commission and state the case. Those persons, when it says economic hardship, that addresses those people. Many people, especially elders live in homes that were built in the 50s, and if they say that this will be declared in the store, and that individual does not have the means or the money, they could come in front of us without any fees or costs an appeal the process. It does not mean we will do away with historic preservation, it means that everybody has the right to protect their property.
9:54 AM> thank you commissioner, if we could save the discussion for when the item comes, to ask questions or give direction, so that we have the tools.
Yes, he addressed me that is why I spoke.
> I tried to explain it. Maybe it is not as they -- explicit as I wanted it to be, but, the intention of this ordinance is to provide property owners the rights to appeal.
I am guilty as well, because I like to engage them as they come up, but let's just ask questions and we will take a full debate on the item when it is on the agenda. Thank you very much.
9:55 AM> good morning, my name is [ indiscernible name ]. Commissioners, I would like to discuss and ask you to support the -- it is to honor the memories of those men or women -- we consider it a compromise that the cuban people are fighting for their freedom. We have contributed in large to the community, once again, I would like the resolution of this. Thank you.
9:56 AMThank you very much.>>> my name is admin nader, I reside at overbrook street and I would like to show my support for the ph to mac initiative. -- 2 initiative. We all face the same thing, there is an alley behind our residents, and everyone has a fence up, the natural thing to do is to vacate that alley and give it back to all of the residents. Thank you very much.
> I am ashley snow I am representing and talking about re: 13 to preserve affordable housing in miami. What our organization does is we preserve single-family homes. We've seen tremendous results and have been working with ken russell, and when we initially talked about working on the growth, we had many residents who were interested in services in the west grove neighborhood alone. You can see right there, that is a significant need, 68 households. We see a lot of multi generational homes, when you see the low income rental units that go up, a lot of them are one-bedrooms, they are not accommodating multi generational families. Keeping the family together, preserving the historical context of the neighborhood, aping long-term residents who have been feeding into that neighborhood the businesses there, keeping the local businesses alive, there so many positive things. It is also more cost-effective than a new build. I'm here to rally behind it, and we would love to continue working with you guys in the future.
9:58 AM> good morning, commissioners, I just wanted to first thank Commissioner Manolo reyes, for making an effort to at least give us a break in the appeal process for the historic designation. I also wanted to bring up the dade trust, it is that west grove is not the nemo district, we are fairly poor in the west grove and wooden houses are not as easy to maintain as concrete. Maintaining them is expensive, I have experienced this myself since I was trying to save my duplexes. There are incentives, I know the nemo district got some incentives before they were designated historic, for the record, I would like to know what incentives we will be receiving and what date, and what they are worth? At this point, we are facing a reduction in the size of properties that we can build, and we are facing historic designation which will limit the value of our homes based on the house sitting there, not on the land that it is sitting on. Maintaining wooden buildings is expensive, and I do not think that five or 10 years from now, as coral gables has experienced, it will be as easy to maintain them once you have moved on. At this point, you should take us into consideration, there are provisions and they should be considered. You also told me that if you made this voluntary to some degree, that we would get zero upton's -- I think that by now with the work you have done, you have quite a few people that are in favor of doing this and perhaps you should be able to's with between those who do not want to be included and those who do. The other thing I wanted to offer is my homes, my duplexes, I will never demolish them, but I do not want to be historic. If ever I need to demolish them, I will give you the house and you can take it away and place it on public land or wherever you want. I am offering this to you.
10:01 AMSo you are in favor of part two, but if we are successful in passing -- but can help anyone with a single-family home with the money.
We will see how it goes today, thank you.
10:02 AM> good morning, my name is [ indiscernible name ] and I am in favor of posting the alley in the rear because everybody is using it and no one is paying tax on it, it would be an asset for us to pick up an extra 10 feet, the alley is closed altogether, it has no use. It will have used to some developers coming in, and we are giving 10 feet on the rear. I support that.
> thank you very much.
> robin porter i'm here as a private citizen representing the historical association. Regarding a new rail rolled crossing at 46 street, our issue is that they referenced a closing at 71st street and 73rd street, and at the meeting I was told by another neighbor that attended, that there was no mention of the 42nd street closing. We would like those to be proposed for a public hearing, with residents in fernwood which is a block wide right next to the railroad track. If that is open, we request to be included in discussions if that goes forward. On top of that, the study that said it was a good idea was put forth by the design office which obviously has financial equity in it.
10:04 AM> i'm the president of the charles neighborhood association, I live in 937 northwest 55 street in miami. I am in support for our 84211, revitalization of trust. We are requesting that there is a budget for the revitalization trust, in the amount of $929,000. For the fiscal year of 2017, when we got the initial appropriation, we were expecting about 400 applicants, since that time, we have gotten over 900 people applying for jobs that we were not able to accommodate. There are a number of people, young children, and teenagers that were not able to get a job this summer because the funds were not there. We are asking you to preapproved the supplements so that we can reach out to those youngsters that we were not able to hire and afford them the opportunity to work this summer.
10:05 AMThank you very much.
> good morning, my name is maria, I presently own several properties and my partners and I have a contract to purchase a duplex with a small house which is in the historic designated list. We support and I commend you for the vision to preserve and enhance the west grove. I am in favor of the distort properties as long as the new revised code provides bonuses to incense ties -- insensitive buys -- the proposal right now, the duplexes can only rent the historic unit if the owner has a homestead designation. This is difficult to achieve with duplexes, because they are like single-family homes, they are income producing properties, investors sell them and additionally the properties are usually owned by companies and not individuals. Duplexes always have distinct addresses. I have already spoken to jeremy planning regarding these, and I also suggest regarding incentives, we are having a hard time navigating through the draft to see what those incentives are. If the incentives are clear, and it is thoughtfully done, then I would support it. Thank you.
10:07 AM> my name is juan, I am a homeowner at 2384 [ indiscernible name ] lane. I've been a home no owner for 29 years, the alleyway behind my property has always been close, and I promote that you go ahead and officially pass it back to us.
> my name is tammy flood, I live in 928 northwest court in spring court district. I'm speaking on an appeal where the spring garden neighborhood kayak lunch.
> ma'am, we can only address that after 2 pm.
10:08 AM> if it were not for historic designation, our whole neighborhood would be bulldozed to the ground. We need to make sure you protect us, whatever the best way is, please protect us. If south beach had not had barbara chaining her selves to bulldozers kind demanding that those buildings be preserved, we would not have a south beach. So whatever the directive of preserving our historic heritage in miami, and needs to be done. Thank you for any help you can do.
> good morning, my name is vivian perkins, I am here on our e 4 liberty city trust, thank you for putting our children to work and for this resolution. Please vote for it, it will keep our neighborhoods and children safe, and keep all of our community safe. Thank you.
10:09 AM> thank you.
> good morning, michael castro, 3746 washington avenue, i'm here to addressed fr 2 and am in complete support of that item. I am one of the hone -- homeowners whose property is under the potential historic designation. Most people do not know the process of historic preservation, they like the financial inclination to combat any efforts made. The process, I think the fact that these homeowners have no substantial knowledge makes it a little clear that they are being taken advantage of. The case law cited earlier held no merit as this is a relatively new multi-property designation. You cannot use old case law for new procedures. These homes are wooden homes that have been neglected, for some time. Like coral gables, well-managed and well taken care of, that is not the case. Simply waving these fees to combat it, I consider is a malicious act. Thank you.
10:10 AMGood morning, I live at 2335 overbrook.
Is this better now?
I am in support of alley closing, there is a dilemma with the rights to the property. The last 10 feet which is technically the alley and belongs to the city of miami, it is overgrown by holly which is invasive, I cannot get a permit to remove it. If I try to remove it, I get a $250 fine. Something has to be decided, whether it is the city, that maintains the property, or as -- us as the owners. Adding the property to us would be about 100 feet deep, if you add another 10 feet, that is about 10%.
10:11 AMThank you very much.
> I am attorney, frank dishon, I have offices in northwest miami. I have the unpleasant duty to report hazardous that was brought to my attention last week at Commissioner Wilfredo gort's office. On saturday, I went out there, even though I am not an officer, I am a concerned citizen and had the ability to walk the peers and found it to be hazardous can -- conditions. I observed wires, fire hoses are missing nozzles, some of the fire extinguishers are expired, there are no ladders, if you fall into the water off of the pier, there is no ladder to climb back up to safety. I climbed up the wooden piers, and it could crumble to the water. Other boaters -- only one came but others would be glad to come and speak to you at a later date. At the marina, we have 120 slits that are not there anymore because of the hurricane, I know it was a statewide disaster and I deal with the insurance business so I understand how things can move slowly. What concerns me was the response that we gave our tenants and residents. These people are paying $1000 a month for those peers, and there are a lot of slips that are gone.
10:13 AMThank you sir, I do not believe this was an item on the agenda today?
This is an issue in my district and I will be happy to address that with you along with the marina, we will make a plan.
10:14 AMGood morning, I am linda williams, my homestead property is 3523 charles avenue here in coconut grove, I am vice chair of the village council, vice president of coconut grove village west tenants association. While I hold positions on various community organizations, I present to you as a lifelong resident, 64 years, I am here to support the resolution for the $2 million for affordable housing, especially as it addresses the needs for single family homes. Rehabilitation in district 2, hopefully, a lot of those funds will go to village west. I am presently engaged with the city of miami, following major damage to my home after hurricane irma. This program helps me in my family to rebuild my home, rather than have to sell it and move from miami. These funds would greatly help long-standing residents like myself, upgrade their homes, allowing them to remain here. Our community is greatly overdeveloped with new construction, and increased home or rental prices that asked for justification for village west community. These funds would greatly assist our seniors who own their homes, with improvements that would otherwise cause extreme economic hardship. Thank you.
10:15 AM> good morning, my name is luis perez, I reside in motto city, i'm here on behalf of of what I believe is to speak about our e 4, the supplement of the city trust. My personal experience, I was actually able to get an internship year, I work for chairman keon hardemon , I do know that the majority of my friends would like to get a job as well. I was one of the very lucky ones to selected, to get in internship. I do believe everyone does deserve a shot to get an early chance to get working experience, to experience what the real world is. I also want to talk about a -- certain experience that I had working here, I received a call of a lady, I do not remember her name, she was very determined to give these children an opportunity to work . But from my understanding, every intern program had already started, it was a very difficult process to get these kids in the door and give them a job. I just wanted to speak about that so that we can have everyone around my age group and give them a chance to work at some point. Thank you.
10:17 AM> good morning, my name is farmer mills, I am a resident and business owner in west grove, i'm here to speak on fr 2 and re 13 I am 150% supportive of fr 2 with preservation's and I feel that the re 13 would help the west grove community, not only the residents themselves but also as business owners. It would help as to stand on our feet. We are not looking for handouts, to have you give us fish, but teach us how to fish. West grove consists of quite a few, not just young, middle- aged, the elderly, veterans, you have a list that goes across the board, that we are definitely asking you to reach out and help us. Preservation would help us, believe me. It is one part of clark gable's that has been designated, if you look at before and after, a few mistakes happened along the line, but they are happy. If you go up grant avenue, they are happy. Homes were rebuilt, on jefferson or washington, if you sell what it looked like before and see what it looks like now. Major difference. Even I walked by and smiled, I live on florida avenue, rebuilding together, I smile now when I walk by and see the difference of that house. And it did not cost that homeowner anything. I have commended jeremy and that staff for the job that they have done, they have done an excellent job. I have attended all of the meetings and have voiced my opinion, and asked questions and gotten answers. I even went and bought a shirt, I do screenprinting and embroidery, I had a shirt that said I can explain it to you, but I cannot make you understand it. I will wear one day. This r3 13 and other incentives offered for people who cannot afford -- I am born and raised in coconut grove, my family was one of the originators of the [ indiscernible name ] family. These wooden houses, they call them shotguns, I have not heard anyone say i'm going to my shotgun house, I hear them say i'm going home. There is no reason why people could not have spent five dollars for a visa board to fix out these houses throughout the years, these investors or homeowners, that would keep these houses up to par. Right now, there are a few in shambles, but they can be restored.
10:21 AM> thank you for listening.
> good morning, melissa, first I would like to thank the commission for re 13, my late grandfather was a political prisoner for 20 years in cuba, I gained a lot of courage through the story and it inspires me to be an attorney today representing property owners in ford of this commission. I would like to speak of fr 1, I proposed some additional language making sure that the ordinance takes in account for properties that are already under construction. This has been ongoing for a couple of years, I am also in favor for dimensional rustles re 13, I think that $2 million for the miami forever bonds would be a good first step. With that said, fr 2, I would like to correct the record that the pro bono trust mentioned, specifically miami dade code, section three a does not prohibit -- it does not allow for municipalities to prohibit preservation of otherwise historic based on consent. As well as subsection b, specifically allows for municipalities to allow for economic hardship in their municipal codes. I just wanted to make that slight correction to the record. Thank you.
10:23 AM> good morning, my name is teresa gable, I reside in coconut grove, west grove. I'm a resident at 3963 washington avenue, in front of the city college. My house to me is known the little house as the prairie -- as you enter off of grand avenue to come into coconut grove, my home is a shotgun house. I was raised in that home, I am soon to be 60 years old, my home has been refurbished by you all and I just want to stand here to tell everyone on the board, thank you, for considering helping me to keep my home up to par. I am very interested in the homes of everyone at coconut grove, those that are shotgun homes and those that are not, I am promoting the re 13 and the f are two -- fr 2 and thank you everyone for the assistance for helping me to keep my shotgun home -- together. I am going home.
10:24 AM> we actually met before the hurricane, didn't we? I was worried that it would blow away and it didn't.
Good morning, i'm the president of the coconut grove cultural preservation fund. I'm here to speak in support of the re 13, affordable housing dollars, but also I am a little concerned because we did meet at your office, on the 22nd of this month. At that meeting, it was very clear, I asked for the wood frame homeowners to be at that meeting, as well as those that were air to those types of properties. I asked for the list that was generation -- generated and I am still waiting for that list, I requested it many times from your office. Secondly, I also requested a list of all vacant properties in west coconut grove, that was owned by the city, I asked for that list over a month ago and I am still waiting for it. The reason I asked for the list, was to determine, whether or not we could move those woodframe homes to those locations. It was evident from the meeting that the residents they came, the ethnic mix, they look like me, their ages were seniors, and the educational level, we know that some had at least a high school education, but they do not understand the financial aspects of what is going on here. Their concern was, and I quote, how could I get money to finance repairs and improvements? We did discuss the tdr components, but you had to leave, and therefore we could not get to the root of the problem which is the value of the land. What I have done, I did some research, that I asked for your office to do, which was to provide a list to all of those 18 homeowners and what the current values are, for the land and the building separately. I also did research on the homes that are in coral gables that are designated as historic. Their property values decreased significantly. For example, one homes market value, and this is an investors property, to $181,000, a homeowner -- [ no audio ]
10:37 AM>
> he is proposing for the $2 million allocation for affordable housing.
He is president of the homeowners and tenants association for sustaining and maintaining.
10:38 AM> this designation for houses are just to help buildings in our community or just to help the owners. We are concerned about the historic designation, and need to actually help the residents in reference of -- 15, we are in full support and hopefully will be able to fight for democracy. We have so many cubans, venezuelans, and they are in need of our help. Just a brief comment, our mayor is not here, but I would like to know if -- it has risen so many concerns about children we have many children in this community, black, white, hispanic, and we need you to understand that the mayor is not in the city helping the homeless kid. But he flies and goes all the way to texas to have a media frenzy.'s thank you
10:40 AM> hello, i'm here to support the amendment of -- and to bring up my point of how this is affecting me. [ indiscernible- low volume ]
> I have no 401(k), because I invested all that I have in my house. I love -- I lost my job three months ago, I had worked there for 10 years, I have no job right now. All of this is causing me a lot of stress, I have serious health issues. Therefore my medical bills are increasing, I have no insurance. Everything is coming out of pocket. This is affecting me seriously.
10:41 AMGet to the issue now please, thank you.
> this was supposed to help me with my financial retirement -- this is taking me -- I do not know what to do because I can't do anything with my house. Thank you.
> the house was -- are you hoping your home is declared historic?
10:42 AM> I found out by the letters.
And you did not have any recourses?
Thank you very much.
> if you would like to speak now, definitely at your discretion.
> good morning, senator, Mr. Dawkins, outreach and I am a resident of coconut grove. I am here to support the item that Commissioner Russell for preserving the community. But I want you to understand that you need to preserve the people. I have watched elderly people, being displaced within communities that were destroyed, and money had been misused in efforts. I'm not just trying to -- homes are important to the community. Talking about families -- I support the item to really talk about money. I think the amount should be granted immediately. I have seen Commissioner Ken russell's work and how you relate to people. But what is important is that you need to preserve families, community. When you look from douglas to fifth avenue, to the other side, it looks very it's just not fair. It looks on presentable and you are doing everything you can and I can tell you this, continue to get more and continue to preserve communities . thank you very much
10:45 AM> [ indiscernible- low volume ]
>
> my name is daphne campbell and I am part of district 38 which is part of miami. I will not mention all but want to give you a little bit of update on what happened in our last session and present you with my findings. We had a resolution recognizing the city of miami on this notification of 122nd anniversary. The last session was in January and we finished in March 11 -- I have one for everyone here, if you would like this, I can give that to you with the state budget as well. As a taxpayer, you should know how much money the budget was, and I got this from tallahassee, it was $88. 7 million with a reserve of -- the city of miami has two projects, one that never made it into the budget and the other one that we had been working very hard. I will let you know what happened at the last meeting, and what was going on after the shooting. And the chambers working really hard to -- there was a lot of chaos, a lot of chaotic moments in tallahassee, but I could tell you that last year, I worked very hard in bringing money to the city. Vice chairman, we did not get anything this year, with that said, I would like to thank you all for your support and we will continue to work together. Vice chairman, if you do not mind, making this resolution for me and I can give you a copy to each one of you, this is on the last page. If you could read that for me I would appreciate it.
10:48 AM> thank you senator campbell. before the spanish claim of the 1500s, it was a west end or -- whereas, on the rivers of the north bank in the 1500s, there was a target on christianity. Native americans migrated to south florida in the 1700s, and was later known as the seminole tribe. After florida was purchased from spain, there were settlements from the government and william english established a lot of the land. [ indiscernible- low volume ] [ reading ]
10:51 AM> thank you very much.>> I will give each one of you, thank you for reading that.
> correct, this is a token of my appreciation thank you for everything you do.
> thank you senator for this beautiful recognition, and everything that you do. Representatives work hard every year and our senator is always thinking of us and having us in mind, and thinking of us.
10:52 AM> [ indiscernible- low volume ]
10:53 AM> we have a 10 am, that we will take up immediately following this issue.
>
10:55 AM> I would like to take a minute of silence. To give you a history of where we stand we have 100,000 businesses a year. Our parking gap that we have is about 400 parking spots that are needed for veterans. The number one complaint we received from veterans is not about the healthcare we provide it's about parking. They don't come to our hospital because we don't have accurate parking. These spots are something the veterans deserve. They joined the military, so if you have questions i'm here to answer any questions.
10:56 AMThank you, this was sent a long time ago. The same time we had to make some changes in the contract. They are required by the federal government.
I want to make sure it's clear that this does satisfy the original intent for the item that was passed last year. Giving the land for $3. 6 million for use as a result of e federal government through regulations we've demanded to do this way.
We don't have to read the items. It's a veterans affairs item.
There has been an a motion to approve. It has been second. Any further discussion?
There is modifications.
10:57 AMWith amendment?
The amendments are clarified.
There has been a motion in a second. All in favor say i. Motion passes. Thank you, very much.
We are running a little late. are there any details? -- mayoral vetoes?
There are none.
We have deferred item c a five. -- 5. It's been moved is there a second.
10:58 AMYou are not going to get in this fiscal year. Are you going to take it off in the books of this fiscal year? We will recognize the revenue when it comes in. We're taking into account all of our projections. Chris, will give you an update later today.
11:02 AMThe key takeaways are the city's net pension liability highlighted in the statements. Approximately 900 $13 million. That is due to the pension funds and the aggregate. Focusing on the fund is the main operator for the city. During the year they had a change in fund balance which counted the net income approximately $28. 6 million. This results leading to the fund balance of the city. It's reported approximately $160 million of balance of which 72. 8 million is in restricted. 59. 8 million is being unassigned and available through discretion of management to be used. Leading more in terms of the other reports that we issued we issued a single audit which is the compliance report on the city's expenditures for federal and state funding. During the year we noted one finding as it relates to the state compliance which was incorporated in the document. Inclusive and that is management's responses relating to how they are going to address it. Note that in terms of severity findings we did not find this to be significant. It is one that still needs to be reported to management. Our management letter which is a document that houses any conditions that we note or any rooms of improvement are best practices in the current year we have issued that report which represents any findings that we noted during the current year. There are new new -- no new findings. There are still items that we noted that need corrections or things need to be addressed. Similar to the single audit we have responded in terms of how they're going to mitigate and address these findings. This is a quick notation that we don't audit the response management but as our duty we will follow-up with subsequent audits and address findings. If not I will be reported again. As part of our audit we wanted to report we had full access to management. We were not impeded or influenced by anything or anyone. We felt that we had full cooperation as it relates for us to execute the audit. We had no disagreements in the application of the county for auditing procedures. We felt this was a very good audit. With that I will turn over any questions that you May have.
11:05 AMThank you, you have brought up in my briefing a specific item that you felt was important enough to bring out specifically with regard to pension. Is that something you would like to stress?
Approximately three or so years ago the standards made a change to governmental reporting that mandated that liability be reported in statements. Since then the city has complied with that provision. This year it is highlighted and the number is approximately $913 million. That is obligated to fund the pension. The respective pension funds that the city participates in. This is as of September 30, 2017. That number has changed. The number is an assumption with natural calculations. It is an estimate but one that is done by a professional. As part of our audit they review the work that they do and incorporated in the production of this number. We felt it was reasonable. One thing I would say is that a lot of our municipalities are in the same ratio or same boat for the most part in terms of their funding. Nature -- the city being the largest in the state the number is somewhat magnified.
11:06 AMNearly $1 billion pension liability.
That is correct.
My understanding at one time it was $1. 2 billion. I'm going way back for five years.
Okay.
11:07 AMThe administration has to pay that liability.
There are two things that affect that. The contribution and the performance of the assets. That May have attributed if memory serves you right. I assume -- we don't know but I think management in terms of the budget is going to continue required minimum funding. It is management's goal that the assets perform or outperform what it has done in the previous years.
Thank you.
No further questions.
11:08 AMThe hearing is closed. [ indiscernible low volume ]
A motion to approve the public hearing.
Page 3 was moved and approved. -- ph 3 was approved.
We moved to approve. motion is approved.
Let's try to if we can look for some resolution. Is there any discussion about resolutions on the agenda?
11:09 AMI would like to cosponsor jl plummer avenue.
I would like to be a unanimous cosponsorship.
I will be glad to move the road agenda. -- r letter e -- re addenda.
[ indiscernible low volume ]
I believe the Commissioner Manolo reyes is cosponsoring re 14 and 15.
11:10 AMLet me know for the record.
Re 15 and 14.
14 and 15?
Yes.
15 also.
14.
[ indiscernible low volume ]
I think you forgot to put me there also.
Which one?
14 which i've asked before.
We have served for many years here and as a member of the city commission and the pilgrim family of the city of miami.
11:11 AMYou can keep going for another hour. He served with myself and Commissioner Court -- willy gort. We are proud to have worked with him.
I knew him very well.
Miami member.
Re 15 acting Commissioner Wanted to also be a sponsor to that. As well as myself. Re 15 well we have the address southwest 13th avenue between 11th and [ inaudible ] street I would like to make a change to this resolution that it will be at that address and or 13th avenue, the first space that we have behind the brigade 2506 friendship. There is a smaller monument there for a wonderful man that was a great tango dancer and i'm thinking maybe of putting that right behind another one that we have their. This one that we are proving today is extremely -- approving today is extremely close to the heart to the community of miami. I think it would be more important to see if we could put this one right up front if we can. I don't know how we go about it with the other monument. I will gladly move it right behind it. It will still be very visible. If we could have [ inaudible ] at those two locations.
11:13 AMI want to agree with Commissioner Joe carollo. This is an important part of history. People should know that since they want the position to the communists regime and they were fighters, freedom fighters and called guerrillas, they were freedom fighters from one end of the island to the other. It was not only a particular place there worth thousands and thousands of men and women that took to the -- took up arms and thought -- fought. They were fiercely persecuted and totally abandoned because no country including the united states supported them and sent any help. These people were fighting with weapons that they took from the enemies. This is an important part of history. I want to add we're going to have this monument and now we have representatives I would want to add -- in addition to having this monument we should have a plaque. A plaque that will address or tell the history of the people that fought so bravely and many of them were shocked on site. They spent 30 some years in jail and prison and they were tortured. I would like to include in that monument an explanation of what that monument represents and the amount of men and women. That is where women freedom fighters are also. People that come visit will know why that monument is there.
11:15 AMI would like to cosponsor re 15.
Thank you.
I have a question. will the changes made to the budget [ indiscernible low volume ]?
Director and staff are here to address.
Which item, chairman?
Re 5.
Those are my questions.
Good morning, chief legal officer.
The question that I have is at our last meeting there was a lot of conversation about ongoing obligations. There is an issue regarding whether or not it reflected the budget. We want to ensure it was reflected in the budget. We can move the budget forward. Has it been properly reflected in the budget?
11:16 AMAt this moment it has not been and the reason for that is because it is an amendment we have to make at the board.
[ indiscernible low volume ]
What we are looking at with this one is the fact that it is not included. If it were included we would need to shut down many of the programs that we currently have underway including single- family renovations that have $1 million have already been spent and unallocated if we do this.
11:17 AMI have spoke to [ inaudible ] and I have showed him where he could put those dollars in the budget. I have showed where you could enter two programs that we have. Until you want to properly reflect the way you wanted to it is there. The only way I could share with you is up here on this dais.
If I May make a few comments, this is a perceived obligation. In 2000 -- 2007.
Let's not make arguments.
You have board members that believe there is obvious [ inaudible ]. For us to move forward we want to note it. It's not as big of a deal as you all are making it. Stay in your budget. There are items that do not have resolution.
11:18 AMThere are only two items that don't have a resolution and I am happy to go through them with you.
I'm on page 507. end of the budget.
Those are two items open- space initiative?
Listen to me.
Okay.
You see number 19, right?
The bank rehabilitation project?
What is it a next to it?
Infrastructure. remember that the [ inaudible ] got a loan to purchase the bank building and the money is set aside for renovation and rehabilitation.
The one above it.
11:19 AMI am sorry I have to correct you on that one. Number 17 there is a resolution for that that was passed at a previous meeting. It's not updated.
This is the document we are supposed to be going by. My point is it continues to move up. There are number of items --
They have been approved by the board and I have the numbers with me to reflect that. There are only two items on the budget that are not encumbered in the open-space initiative. Approximately $1. 2 million. I am proposing that this amendment budget passed because in January the board voted to the obligate these funds and remove the obligation. I would need the recommendation for the proposed budget for the new fiscal year for $2 million to be set aside to be reserved. The board voted in january.
11:20 AMI own a business. in all my businesses there is a board. That business took a loan from chase bank that board said you know, I don't think we should be obligated by chase financial bank. The board says we are going to take a vote and we voted and says we don't have an obligation. Instead of caring that obligation showing we have a debt to be paid the board says my position is you don't have an obligation. We have the capacity to do xyz that we want to do. Do you have any debt obligations? I said, no. Chase, is going to say no, you do have a debt obligation. To me it's one of those things where I understand what the board May have done.
11:21 AMMr. Chairman?
Yes.
They did not on a whim decide not to pay an obligation. We had a legal and policy decision that the debt was not owed. That is what I believe the executive director is going to share. Furthermore it is this board that sits as the omni cra that approve the budget.
I understand that. I am telling you this, the only thing that's holding me up about the issue is that there are other entities involved in those other entities May have an objection to what we are stating. There is an obligation. That's the only problem.
I think we have had lots of discussion about whether or not it's a two-way obligation between cra and city. The agreement is signed by multiple parties. The county, and also in our back. -- [ inaudible ]. The thing is what makes this obligation so different? All entities don't have to weigh in on the agreement.
11:22 AMBefore we get into legal arguments whether it's owner not owed, I don't believe that's what we are here for today. If i'm not mistaken the city -- the two questions raised about the budget one by the Commissioner And the state law demanding we show the budget. This way the thing is correct illegally. The Commissioner Asked if we disclosed the liability at the time of going out for loans. The question -- to answer the Commissioner It is not necessary to show this line item in the budget. The city and its own practice of budgeting when there is potential disagreement pending litigation. Perhaps on a balance sheet but in a budget sheet if it's not intended to be spent we do not line it up. To the commissioners point it was disposed appropriately before we went out for loans. This is completely legal. I am simply looking for the support of the board to carry for the work we are trying to do at the cra.
11:23 AMIs not about the bank loan. everything was disclosed. It was the requirement of the state. This is a memo from julie [ inaudible ]. September 7, 2012. There's a question on whether this was a statement on the city attorney memorandum stating you had asked whether the omni cra district redevelopment agency has any continuing financial obligations with respect to the project. Your question is in the negative. It's a different document. An amount necessary to fund $60 million for improvements to the park project. To be funding by omni cra completed by the city no later than January 2012 . Contributions to the fund with $2 million. Available through the project through 2030. When I read this, and I read the memo, they call this thing a museum park project. There is obviously something that was supposed to have been done. It talks about a museum park, $60 million for a component of the project. A project in a park component. They must be completed by January 2012. To me it separated from an annual contribution and $2 million. Payable on the date of the completion of the project. What was the park component of the project?
11:26 AMThe park component of the project was a $68 million project. An elaborate park. Land stage park. This park contributed a number of different things. An underground parking, water fountain, and elaborate park to support the museum. This park that was promised in that agreement was never built. Today I drove past the park on my way here.
We never spent $68 million?
We never had a completion of the park?
Not as of this contract we have right here.
This is my understanding, but my -- the way that I see this is if the park was not completed and it has not been completed that frees you from the obligation to take $2 million.
11:27 AMI agree, commissioner.
If were going to follow the letter of the commandment, you see, and it was not completed, you see, you should not be curing it as a liability.
We should not.
That's my opinion. if it is completed, if it had been completed then you oh $6 million to the city. It is hurting you. It could hurt you.
We understand.
I want to know the city's position on this. I wanted to be clear and plain, if $68 million for improvements to the park was completed by no later than January 2012, or that is also different because if there was substantial completion of the park component I want to know if there was a substantial completion of the park. As I read those statement separate of themselves heard --.
11:28 AMObviously I was not around when this deal was entered into by multiple parties. At the same time I was in here when improvements were being made to that park. I will submit the following to the commission. One, I believe what was read here is referring to completion by the museums. If it was referring to the park components where was the city of miami or the trust going to find $68 million? We didn't have it. We all knew that. What would have been entered into was a fraudulent component of that product and I don't think any of the parties were trying to commit fraud. We all know that it is a trust. It does not have capacity. Only the city of miami does. It did not generate near the funding necessary to put up $68 million at one time. Having said that the fact that the omni cra last fiscal year paid for the first time for $2 million that in itself is evidence in any court of law. As you were admitting you owed the 2 million per year. Furthermore we can't decide by ourselves that this is what we are going to do. This is how we interpret that aspect of the contract. We don't have a liability anymore. We don't owe anybody anymore because it is a four party deal . The city of miami, county, both cra's, and before anything could be binding all parties by law have to be in agreement. -- bylaw it will open up a can of worms and so many other things. I don't think many people will be excited when it is in effect. You knew your interpretation. I'm not saying it's the correct one. I think i've made my point. Your interpretation was it was $60 million not spent by 2012, we don't owe any money. Why in the fiscal year budget four years after that did you pay $2 million? You paid it because you knew that you owed it. Otherwise he would not have paid it. The point i'm making is that everyone knows a trust does not have binding capacity. Only the city does. Neither of the trusts nor the city of miami has $60 million it can throw out to build that park and get reimbursed 2 million at a time. What that paragraph is telling me is the deadline was for the museums to have been finished. The component of the park was a different aspect. From day one that aspect and that portion of the contract entered into would have been fraudulent because we all knew there was no money to come up with $68 million up front.
11:33 AMThere are number of different things affected by this. This memo is dated September 2012. Subsequent to that the attorney issues a payment in 2016. Stating this cra did have an obligation. You have two different opinions there. It doesn't say they have two fund $68 million for improvements. It is an amount necessary to fund $68 million for capital improvements to the park project. I will be the first to say that this was poorly written.
I agree.
There are a number of different documents on parts of this that were not agreed-upon in its interpretation. An amount necessary to fund $68 million for improvements to the park project. What is that amount? Is it $1 million? Is that an amount necessary to fund this type of improvement? Is it to million? We don't know. It just says an amount necessary to fund $68 million for improvements to the park component of the project. To be funding by omni cra no later than January 2012. An annual contribution final $2 million payable upon the date of successful completion of the park component project. What is the component of the project?
11:34 AMThat is the key. the park component of the project is why i'm submitting that when they are talking about that deadline January 2012 is a park component.
11:35 AMI recognize you. the cra makes a $2 million payment.
It should also be noted that completion no later than 2012, didn't happen substantial -- since January 2012, the city has not gone after this e. R. A. For these funds.
-- the omni cra has not gone after these funds.
Where is the rest of this document?
I have a copy of the document and I also have a second memo received from the attorney. [ indiscernible multiple speakers ]
11:36 AMYou create an opinion and another creates an opinion. Opinions are like -- everybody has one. We know where that goes, right? Let me see it please. I want to ask you how much is an amount necessary to fund a $68 million capital improvements?
You make an excellent point and that is why there is outside counsel or the city and counsel for the cra. If you are able to agree on a settlement amount that could potentially create this 68 million you May result this issue. Unfortunately there has been demand letters subsequent to these memos because the administration is of the opinion that these monies are owed. Instead of hashing this out here , I suggest that we do what we had talked about which was vice- chairman discussing and deciding what you want to do moving forward as the sport or as the cra board. We have councils that can maybe discuss this and come to an agreement that May be resolved. Right now hashing this out as to which opinion rules I don't think it's professional.
11:37 AMI have a question for Mr. Rose, the city administration. When there is pending litigation about a line item budget do you include in the city's budget? Is it necessary to include a line item of potential liability under pending litigation and a budget? If we can pass this budget and do our work especially considering that the three of the commissioners here that as ward members scrutinized this budget, printed, pastor at the cra, can we move forward with the work of the cra, and what it take its place and at the end of the day we will hopefully have a settlement or decision? At the moment if we decide to stall or kill this budget we might as well close the doors.
11:38 AMThat is not a straightforward question to the administration. We are talking about a legal binding contract very different than what you asked the administration.
There is a difference of opinion of whether it's owed under that contract.
We are talking about two different things, whether it's owed and the legality of the contract. We are getting into an area that is really not part of the discussion. The bottom line is to have a budget that has to be balanced by state law. You have to balance it. What I am saying is that as a chair, this is a global agreement. The only way you could change, no matter how strongly you feel on any item there whether it's legal or not, whether time passed or not, the only way they can be changed is through a global agreement with all parties. Otherwise you are bound by a contract. We have not met with all parties to come to an agreement. Monies owed from a couple years ago in your 16 -- year 16, has to be placed in the book so you can balance the budget. The chair gave pretty good ways to triangle about this. You guys don't want to listen to him.
11:40 AMBy defunding projects we are planting -- planning.
It's going to be years away. you are not going to be spending that money right now. This is what he is saying but you guys don't want to listen.
To make factual representation in order for the city to collect on that it would be a breach of contract because we did not get the value of what we bargained for. The park was not substantially completed based on the master plan. That would be a breach.
11:41 AMWe did not build a parking garage.
Until all global partners agreed to that you are bound by it.
And the city of miami as well.
Let me bring up what I said before. I submit to all of you here that , that aspect in 2012, was a component on the museum side. Otherwise, look, let's not kid ourselves. Everybody that assigned of this new that the park did not have $16 million or anywhere near that. It had no bonding capacity. -- $68 million or anywhere near that. It had no bonding capacity. What were we doing, committing fraud?
11:42 AMYou are simply wrong in this case. Park component is not the museums. It says capital improvements to the park component of the project to be funded by omni cra and completed by 2012. It includes an underground garage. It was never done. The money is not owed.
We are not going to reach an agreement here. We have to keep our eye on the question here. Are we legally bound to put this to balance our budget in the books? We are legally bound to put that. I submit to you that we are.
That is the part I don't understand why you all are banging your head against this wall. The bottom line is that no one wants to hurt the cra's budget. We are not asking for the money. No one is saying you know what, I am the cra give me the money. That is not what's happening. The only thing stated was that it needed to be reflected. That's what, joe carollo brought up in what he believed was going to make our vote illegal vote. When I offered the recommendation we didn't say it has to be resolution and where this money is now being diverted to another issue. It's a matter of having items that don't have resolution. This commission or that board did not vote to have those things as they are. You just change it so that for now it meets the legal mustard. Whatever agreement that you need to extinguish the obligation you do it. That's the part that I don't understand why you are fighting so hard about this. You are going to fight your way to a, no vote.
11:44 AMWhen you asked how we are going to pay for it, we carry the minds of people that brought it up. What we think happened was when the expansion happened to include the tunnel he was supposed to include the whole island.
I don't want to keep getting onto what it means or doesn't mean. We don't agree in that. We are here on approving a budget. I cannot vote for something that I believe the way that it is is in violation of state laws. The bottom line is if you would change some of what is placed in your budget, a lot of what you're going to be spending in rehabilitation or what have you of homes, that is going to be in this fiscal your next fiscal year. It will be in the future. All you have to do to change that -- we would be in compliance with state law and not in violation of it. You would have a 5-0 vote here.
11:45 AMIf you were to do with the chairman has requested, how would that affect the budget? Is it true the way he's asking for to be included would not affect operations?
11:46 AMIt would affect it. it is as simple as that. I went to the office at the last meeting and we went through the budget. There is a clerical mistake on the non-resolutions versus non- resolution. We actually do have a resolution. I am not fighting --.
I would like to make a motion.
[ indiscernible low volume ]
If you have giving us -- even as documents to consider -- given us documents to consider, that is wrong. What else is wrong? The only thing we can depend on is what we read. I am prepared a reading from a page that has pieces of information that tells me something. I will make a decision from there. We would not have been told that there was resolutions for items that said there was no resolutions. Now I don't know if the items that say they are resolutions actually have resolutions. I am confused.
11:47 AMSome of them passed.
I don't know. that is the first thing. The second thing I want to make very clear as I did when I met with you. If you have an item that does not have resolution, and you don't have the capacity, or ability, to spend dollars especially on hundreds of thousands of dollars on an allocation without a resolution. If you don't have a resolution, you don't have the capacity. It does not affect your budget because you don't have the ability to do it.
11:48 AMI agree with everything you said. When we put in the budget and the line items we start working towards that project. There only to without resolutions. We are working on those projects. They May not have come to the point where we are ready to bring the resolution back because we haven't reached that point yet. We are working with the county and the city on improvement projects to the omni cra area. When we get to the point where we are ready to bring the resolution we will bring the resolution one the work is done. We will go back to the board in july.
[ indiscernible multiple speakers ]
That is what we talked about.
11:49 AMWe were to come back in july.
My understanding if you recognize as a liability when you ask for long -- you recognize the liability?
[ indiscernible multiple speakers ]
You have made one heck of a point in that.
I don't expect consensus here. This is a different board than when it was put into motion. I hope for the support of those who have supported it throughout. My earlier motion did not pass. I would like to make a motion on re-13. I believe there are votes here that believes the budget is sound and legal and all notifications have been given.
11:50 AMOmni cra.5. -- re . 5.
It has been moved.
May I suggest the city attorney, we allow -- we have to solve this problem once and for all. Is it a liability or is it not a liability? I agree with the city attorney in that we allowed all the parties involved to agree into making a decision. I ask how long will it take and she said a couple of weeks. Will that affect negatively?
We could pass a resolution right now this commission authorizing the administration to open the global agreement and ask for an amendment of all parties relieving the cra of this clause liability.
11:51 AMD obligated -- obligate or d obligated?
It is owed or not. if this body takes a policy decision to ask for an ally with the cra -- align with the cra and say that the city and the cra would like out of this obligation, because we believe obligations have not been met and the debt is not owed, then we would be aligned and the city would back off of going for the money.
In saying that we accept this budget subject. Whatever decision they make will have to be correct.
11:52 AMThe problem with that is state law says you have to pass a balance budget. We can't do that. Just like next month we can't pass a citywide budget based upon wishful thinking for something that happened.
I never got an answer from Mr. Rose on a line item pending litigation. A potential liability. I would like to know that answer.
This is more. this is a sound contract.
One party believes there was no obligation and was not met by the city.
This is starting to remind me of ira -- our position with the union.
Look where it got us.
This thing i'm looking at -- a document that has no resolution. It is difficult for me because I don't know which does and does not have resolution. I know on this document i'm reading there are eight items the city had no resolution on. A total more than 6. 4 million -- 8 million dollars don't have resolution. I want to do this.
11:53 AMWe can to make the change.
Can I make a recommendation. we will amend the budget to put in the items that have the resolution. We will go back and make this recommendation and come back with the line items that have resolutions for example the bank building we restored. We sent out through the procurement office to do their renovations on that building. We will amend it to fix all items that do not have a resolution. We could do that.
11:54 AMI want to be clear. we watched the last meeting three times. There were two comebacks. We were waiting for the outside general to come back with the report. You chairman, said not to come back until the second meeting in july. We looked at the agenda for this meeting and we realized that the item was in the meeting.
11:55 AMI made a motion to defer to this meeting. It was accepted and voted on. We were taken it on here to pass a budget. Your job between then and now to meet with these commissioners and satisfy their concerns with regard to whether the budget is legal and sam, balanced by state law and whether obligations have been met with regard to liabilities. If there are three people that believe that as happened I would like to get a vote to pass it budget so we could do the work of the cra.
Maybe you need to have looked at the minute a fourth time.
I just need to know from this commission if there is a will to pass this budget. We have worked to do. -- we have work to do. I don't know what's going on here.
I will not vote for a budget against state law in violation of the law.
It's not.
What year was the loan you got?
2018.
11:56 AMWas that signed by you in 2018? Signed by all five of you?
I don't remember signing that.
I have copies of the documents.
The bottom line is this. here in 2016, you gave $2 million that shows -- what did you give it? In 2018, you are admitting under the penalty of perjury in a loan that you do have a liability. You know what you are going to be on the short end of the stick in any court of law if you show that.
I will count you as a no vote. In the sunshine meeting it was very clear that we don't believe it was an old liability.
Let me not go there on the deals that were made with the procession of this chair. -- procession of this chair. If you want I will spill it all out. And let the chips float where they may.
11:57 AMI will count you as a no vote.
You had a question.
I have not got an answer yet.
I want to hear that answer. is it legal?
Is our budget the way the city balances its budget if there is a line item liability under pending litigation do we have to show it?
The words in state law or if it is or if you have a reasonable expectation that the money comes in then you can budget that revenue. If it is settled law then yes, it goes in your budget. If it is unsettled it does not have to go in your budget. It does need to be footnoted. Needs to be clearly said somewhere.
Can we make a footnote?
It is already footnoted.
Why can't we pass this budget?
11:58 AMIt is footnoted everywhere.
Where?
In the application for the loan that we sent all of you by email.
You danced around the words there. We are talking about under the law. The only way we can change it is by having the global agreement. Why is everybody so afraid to call for a meeting of all parties that assigned this.
We are not.
I am open to that resolution. We are waiting for the timing.
You have had plenty of years. I guess since the right person was in place as director and I became chairman of the trust. May be the right time will finally come now.
I am not trying to settle the issue of an obligation being do I want to make sure we fulfill whatever the requirements are. I don't think the omni cra has been particularly supportive of trying to get this thing passed.
11:59 AMThere is no reason -- we found an easy way to get this done we should have used the easy way to get this done.
We have to have a meeting with the omni cra board.
Considering -- I believe he is one of the best budget people we have. He is always honest and straightforward with me based on his interpretation of things if he believes it's noted and identified and there is a possible issue of $2 million I will vote that way. Not because I believe there is or is not an obligation. Not because of anything you said on this microphone. If it comes down to that matter of interpretation I feel comfortable with that. Most of these documents that we have our [ inaudible ]. We want to enter on the side of caution. Move this agenda forward. I will support it. If it's incorrect trust me you will find out.
12:00 PMI want to make sure we understand it's 2 million per year. It's not 2 million.
I understand.
The amount that is owed for several years past. The only year paid was 2070. -- 17. I know that was paid be -- there was a deal cut. It was a deal for someone to have a waiver from this body so they can be an executive director. That is another issue. The bottom line is we are talking legality. In the year 2018, it's been confirmed and stated here there acknowledging -- they are acknowledging a loan document, they put down that they had a liability there. There were no footnotes there. They put down it was a liability which they signed under the perjury. It was a liability. Please explain to me how you can [ inaudible ] a footnote so you can claim you have a balance budget.
12:02 PMLet's go back to completion of the park. There has been four years.
When you say substantial completion these are interpretations. I have given a lot of opinions. You have different attorneys that feel different than they do. That issue I don't think is valid for what the state law requires. How can you in the same year signed under the penalty of perjury a statement that says you have a liability and now you're going to put [ inaudible ] no you don't.
12:03 PMIf it is in dispute -- legal dispute.
A legal dispute is when you go into a court of law where documents are filed. This is still a binding document. Just because one party doesn't want to pay doesn't mean it's a legal dispute until he goes to court.
It's like the city of miami deciding that all of the sudden the contract that we have with flagstone was a binding contract and nobody wanted to listen to the attorney. No one wanted to go to outside counsel. We decided we don't have a contract anymore. What happened with that one?
12:04 PMI think we have spent a significant amount of time on this discussion.
The chairman made a motion. I will second the motion. I think we should take a vote.
The one answer that last question I asked.
If it isn't legal dispute --.
According to what they signed under oath there is a liability. A few months later they are claiming it's a legal dispute. Watch is it? -- which is it? Is there problem?
I don't have my law degree yet. I can say in budgeting in the state law chapter 125 and the other chapters associated with it if it is in legal dispute if you don't have a reasonable expectation that the revenues will come in then you don't budget it.
12:05 PMYou are talking about revenues coming in. There is a big difference between revenues coming in and what we are asked to do here by state law in my ability. It's a liability.
It has only budgeted the $2 million that have come in. They have not budgeted the other $6 million. Backwards or forwards. You need the authority to pay. You don't necessarily need the authority to accept. If the money comes in there is only one use it will be used for. Museum park as managed by the park trust. It does us no good to budget it if there is no reasonable expectation of it coming in.
12:06 PMIn the past budget the $2 million were not counted in the city of miami? You did not include it as a potential revenue?
Is still is a revenue. it's past through the park. Did you recognize that as a revenue?
No, not the new 2 million.
The 2 million that was paid?
Yes sir.
They are under new obligation to acknowledge the liabilities.
It is a question.
I want to go ahead and get to vote on this. All in favor to accept the budget presented say i.
12:07 PMAll against.
Nie.
The motion failed because there were three names. -- names.
Is a motion to approve the rest of the agenda?
Re: 13 to be withdrawn from this so we can discuss it. The motion made is approved.
12:08 PMFor the record they will be amended. Motion passed.
I think it is hot now. I think the commission of the court wants to take part of this because I don't want to hurt the cra. My motion is that you get the party together as soon as you can so we can solve this once and for all.
I did not get a chance to meet with the executive director. It could be fixed by making changes to the budget and the operation.
12:09 PMThey gave examples of how we can do it.
They expressed that we could not and for the record I will state that now that this budget has failed over half $1 million that the cra was going to spend on single-family home renovation will not happen. He voted to approve at the cra on a budget that he voted to approve at the cra. This threesome voted to approve the d obligation of the $28 million as a cra. This group approved about. $100 million on affordable housing in the cra will not happen now that we have not passed the budget.
It will happen by July 6. we will bring all the amendments and take it and approve it.
There is no doubt it will happen.
You have my word that I will support it.
We are not going to settle a global agreement in enough time.
12:10 PM[ indiscernible multiple speakers ]
Just the footnotes on everything that is required.
The commissioner's suggesting to bring this item back with the appropriate footnotes.
We amended the footnotes in this moment.
If that's all you were waiting for our like to reconsider this item.
It by me -- May there were statements made by the Commissioner About the monies not going to be able to go to different areas. The bottom line here is individuals acted irresponsibly. Those monies should have never been allocated until this issue was resolved and how in the world can you spend money that you have obligated without resolving the issue? I mean, you can't spend those dollars twice. Don't blame any of us here for what you decided to do, what staff decided to do, that was not the proper way of going
2:10 PMRecording was Paused
2:11 PMAbout it.
Will there be a recess until 2:00?
We are back in session. [ inaudible ]
Yes, chairman
Weight.
Read sr four into the record.
Sr four?
Yes.
And ordinates of the miami city commission amending chapter 5 article 5 of the coded -- coconut grove business improvement district, design district in wynnewood parking improvement trust front containing a severability clause and providing for an effective date.
-- for discussion. all in favor say aye.
Motion passes on sr 4. sr 5, can you read for the record?
And ordered for the city commission, amending chapter 18, article 3, section 18-115 of the code of the city of miami florida as amended, entitled finance. City of miami procurement ordinance -- donations to strike the freights goods and services from the language of the section and to increase the amount of donations that May be accepted by the city monitor -- containing a severability clause --
2:12 PMMove it.
-- for discussion.
All in favor say aye.
Motion passes. sr 6 eric
And ordinates of the miami city commission, amending chapter 18 article 3 section 18- 72 of the code of the city of miami florida, entitled finance , city of miami procurement ordinance application and exclusions by amending section 18-78 to be to recuse some requirements -- matching fund grant to the city and related advertising providing for certain contractual and related advertising, providing for legal limitations for this exemption, as are provided herein, providing a severability clause, and providing for an immediate effective date.
2:13 PMAll in favor. is her motion to approve?
Second by the chair. all in favor of the motion, say aye. Has been approved.
Read into the record sr 2.
And ordinates of the miami city commission amending chapter 2, article 2 of the city of the florida entitled administration mayor and city commission by updating language to comply with current, legal standards and practices containing a severability clause and providing for an effective date.
2:14 PMMoved.
Excuse me, sir? i'm sorry. I would like to request a friendly amendment to section 2- 33 subsection e for it to read all resolutions and ordinances, except land-use changes, zoning changes, board appointments, and the acknowledgment of election results shall be reviewed by the office of management and budget for any fiscal in buyer -- prior to place on any agenda.
Read it again, please?
I would like for the amendment to read, all resolutions and ordinances, except land-use changes, zoning changes, board appointments, and the acknowledgment of election results shall be reviewed by the office of management and budget for any fiscal impact prior to placement on the agenda.
-- to be clear, what is it that you are adding? Just the election results, greg?
2:15 PMBoard appointments and acknowledgment of election results.
Okay. just so that we knew what was the change. Thank you.
Moved and seconded. all in favor of the motion, say aye.
Motion passes. sr 3 into the record a
And ordinates of the miami city commission, amending chapter 2 article 3 of the city of miami florida as amended entitled administration officers by renumbering and updating the language concerning the city managers, city attorney and independent oddie and -- oddity -- auditor -- established in the new section 2-65 of the city code entitled public records, deleting in its entirety, chapter 2, article 3-89 of the code entitled administration, officer severance pay for executive employees, deleting in its entirety section to dash 143 entitled city -- management program. Continues severability clause and providing for an effective date.
Motion to approve?
2:16 PMMoved. second by the chair. Discussion? All in favor of the motion, say aye.
Against.
Motion passes. city attorney, can you read for the record sr 1?
And ordinates of the miami city commission amending chapter 23 of the code of the city of miami, florida as amended entitled historic preservation to allow for the transfer of development from city -- historic resource site to certain receiving sites, located within the transit oriented development areas, containing a severability clause and providing for an effective date.
I will move it.
Second.
No discussion.
2:17 PM-- moved and it's up for discussion now.
I have a friendly amendment that I don't know if you have received it. You have my friendly amendment?
Yes.
Let me enumerate them. I am going to enumerate them.
You haven't received anything friendly lately.
I want to amend this so that the receiving side can only be t-five and fire, when they already -- the neighborhood. I am trying to protect single- family homes within that radius. Trying to protect single-family homes, because if you throw a radius of three quarters of a mile around, it is going to include some sites that are in single-family home areas. And, we have to protect our neighborhoods. We have to protect families. Okay? We must also discourage the loss of green space, if any green space -- the development areas rezoned. I would like to say that. It is not-green space is not eligible for this program. Our parks and all of that. If you have a park within that radius, you cannot change it. And use it. Also, I want also to take this opportunity, and ask, those people that are benefiting from double density, they should also benefit our residents. And, they will encourage them either to go inclusive, or contribute to -- that is destined to build affordable- real affordable housing. Those are my amendments. I know that I am not going to ask the sponsors -- thank you.
2:19 PMJust to clarify, so I understand if I may, Mr. Chairman. Receiving is t5 or up. At the planning department could help me understand what this would disqualify within the current draft, what is allowed, and what with this change?
Thank you. mindful of the fact that single- family residential areas and duplex residential areas need to be protected, those areas have not been eligible previously for the acceptance of any transfer density. What -- I believe what Commissioner Manolo reyes is saying, t4, the next -- up, also May not be eligible for the transfer of density.
2:20 PMIf under the current draft, anything to three, or abutting t3 is not eligible, to start. So, let's say there is a t4 property that is not abutting t3. Right now, to the current draft, it would be eligible for additional density, and it would not be abutting t3, so theoretically, you could argue that it will not affect the single-family homes. But with the amendment, the t4's would be taken out.
That's correct.
That is precisely what I want. I don't want to be using t4's also-nt threes. Even if they are not letting.
T4 is a very interesting, unused-
It is. that should come before us, and they could requested.
For the density. I don't want it to happen automatically. So, they should come. In case, those are special cases, what you are saying. I would love further analysis between first and second. But I will accept the amendment, for sure.
2:21 PMAlso, the distance from --'s three quarter of a mile, right?
Half a mile just to be clear on the record. Half a mile. Is the radius edit exists.
About five blocks.
I thought it was 3/4 miles on main car weighs. Main streets.
A transportation oriented theory is a radius of one half mile from the metro -- station and metro member station.
I thought that I heard it was going-it's one of the proposal.
The proposal is that I don't have anything against 3/4 of a mile, as long as they are a main highway. Not inside streets and all of that.
Got it. I had also proposed an amendment within this. Because, I think that the circle radius issue, as the crow flies, is not an accurate way to determine where density is appropriate or not. Let's say a receiving site, or a transit is on the river, for example. That radius goes beyond the river. And, those people are not within walking distance of the transit zone. I think a much smarter-i know jeremy was working on this. The department was working on a more specific look at the arteries that could become those transit connect others. And, it doesn't necessarily have to be on our traditional rail. We need to be creative here and think, where are people going to easily be able to flow to those transit spots, and encourage the density there. I do agree with the concept of not abutting t3. Not encouraging density that will creep into single-family neighborhoods. But, I am open to expanding that -i will call it a radius. But I want to find a smarter way to track that radius. Between first and second, I would like to study that a little closer. I know you are already working on it. I would like to see how that works.
2:23 PMI think that we have to be creative, so we don't get into the neighborhoods.
And then as far as your amendment with regards to affordability, I really like this. And one of the people who came to speak publicly about this asked why does this not address this issue? I think it really could. I don't know what the formula would be. Will have to work on this between first and second, where any additional density that is purchased, that there be some sort of inclusionary concept within there. Because this is -- we weren't expecting. There is no reason they couldn't help solve some of the problems of the city at the same time, and be a good example. Whether there is an off-site option as well, I am welcome to study. But it should be more painful than the on-site option. If that make sense.
Yes.
I think that's all I got.
That's all I need?
Basically, there was a motion on the floor. It was a friendly amendment made. Moved and seconded.
2:24 PMWhat other amendment? i'm sorry, I apologize.
It comes into question. there is not full clarity in the draft to me, as to whether there is a cut off timeline for when someone can apply for this and purchase the dvds.
It is prospective only. so, it says drafted. You must present a building application.
That is correct.
It doesn't clearly say you can't present a previous building application. If someone had already done one on it.
The intent of the commission to include some projects that have recently been approved within a specified period of time, there would have to be an amendment after that.
Got it. so, what I would be looking to offer is an amendment that-my philosophy, when I first looked at this, I was open to saying, hey, if this generates a bag of cash for the person who had that historic designation, to help them with their situation there, that was fine. But I recognize, tying it to the actual improvements is very important and very good. What about people that before this was in place, have been spending well above and beyond tdr's or whatever they have been expending for historic preservation, why shouldn't this be able to help the situation as well? I would be looking for an amendment looking back five years. Anything that-i would like an analysis of what that would bring into it. If it's too much that it floods the market and it reduces the value of them, I don't want to do it. But, if it looks like it is something that will help people who have been investing in historic preservation, I would be open to it.
2:25 PMVery well.
I think that it is-your amendment-you clarified your amendment?
Yes.
You want to promote historic preservation? That's what you want to do?
You know this is a slippery slope.
I want to help people that -- did historic preservation.
2:26 PMSome developer will come and buy a building, that could be declared historic. And any other areas that they are not for development. Let's say -- on some other places. And it has some historic value, and it is, let's say, a t6, it has a t6 designation, somebody will come by, get somebody to buy it. By that additional density. List the building like that. And nothing can be done to the building, and that area cannot be developed. That is very dangerous.
That was not with this will allow. I don't want that either.
Okay. I don't know, is the ordinance addresses that very well.
I want to make sure between first and second, that we don't create any unintended incentive to do exactly what Commissioner Francis talking about.
2:27 PMYou will be tasked with capturing -- for the record. Between first and second reading. -- the discussion. : agreements say i. Motion passes.
F r2 ordinance of the -- amending chapter 23 of the city code of the city of miami florida as amended entitled historic preservation to amend section 23-4 of the city code, entitled designation of historic resources historic districts and archaeological sites and zones to provide a procedure for an owner of a single-family residential you zoned -- property to allege and prove that historic designation would cause the owner unreasonable and undue economic hardship, providing criteria, providing for a direct appeal to city commission, providing for a razor of -- and costs in this instant. Further amendment -- amending chapter 62, article 7 entitled putting in his story and environmental historic board. Amending 62--- entitled city code -- duties generally. In section 62-27 entitled membership and qualifications of the board, to provide for all board members to be electors of the city, and to provide that they are subject to dade county and the city -- until further provided, they will not be transacting business of the city during those times of board membership containing a severability clause in providing for an effective date.
2:28 PMThat is f r2?
Yes.
This ordinance, I want everybody to make it perfectly clear, it is not the intention to stop or eliminate historic preservation. The designation of historic preservation. What I want to do with this ordinance is to provide people that they have been selected, their property has been selected as historic. The opportunity to come before us, before the city commission, and state their case. I don't want them to be-to know about, the property being designated as that lady that was here. She was designated as historical, and she found out in the letter. The letter that then she couldn't do anything about it. -- providing people with their -- with the opportunity to come and state the case. I think that we have-we knew more language to really clarify this, if this is in some sort of way, I think some people- they are confused. And, I would like to keep on discussing this. I spoke with the city attorney, and I want it clarified very well with this language. And their -- and certain other things that we want to be included here. When I referred to-it is-it creates people that they are, I would say that if they are not capable of paying, like this lady, that didn't have a job. That this lady that was sick. You know that any appeal before the city of miami requires cost. And there are a lot of people, they don't come here, because they don't have the money for appealing. You see? What ever position the city has made. What I want to provide is those residents, those people, owners, that they see that -- they have reason for appealing, that they will not incur costs. That they could come before us, because that is what we are here to do. We are here to serve. And they will come before the city of miami, and all the fees will be waived. Now, they don't have economic hardship, they could pay the fees and all of that. And basically, that is what this ordinance is.
2:31 PM-- emotion? second to the motion.
For discussion please. thank you, Commissioner Reyes up for the sunshine meeting on this issue. You and I do bump heads on a couple of things, philosophically, but I really, I believe in the honor of what you are doing here. And I understand. We shook hands and that meeting on the concept of not charging our residence for appeals, when -if there is an issue of economic hardship. I absolutely agree with that. I have been studying the ordinance, the amendment specifically, though. And just a potential amendment here because I really feel that paragraph 8 is in the wrong place. It is underneath subsection be called criteria exceptions, which is talking about when you cannot-exceptions that you could not otherwise designate. Cemeteries, birthplaces, graves, historical figures, etc. It says, shall not be considered eligible. However, such properties will qualify if they are in -- parts of the district that meet the following categories. It lists a list of exceptions of those that could be designated, and then, your amendment comes in as number 8, with the economic hardship, it is sort of reversing what the above part of the clauses. I am in favor of the ability to appeal, but I think it's in the wrong place in the ordinance. I would look to meet section 8. But I am all on board with you for the appeals by the owner free of charge, in its right place.
2:33 PMBased on that, it was a good catch. We are putting it as b. So we will amend that.
That's right. before this reading and the second reading, we are going to review and make it clearer. That anybody that reason, that there is no confusion.
I still have some heart aches and issue with regard to putting this on the hands of the preservation officer, whose specialty has not to do with financial hardships. And also noted that the criteria for hardship has nothing to do with the person's average median income or their financial --.
2:34 PMThat is something that we are going to address between first and second reading. That I spoke with the city attorney.
Got it.
My intention, and I am saying it again, is that arbitrarily, somebody comes and says that this is-because they believe that follows the complete criteria of people, then their hands will be tied. And, the rights -- the property rights have been violated. That's what I want to avoid.
Understand.
2:35 PMSo, in order to make the amendments, what we are going to do is make all these amendments I bring it back for first reading again. In the first meeting of july. Oh, July 12. And we will have second reading when it was normally scheduled on July 28. Just so that everybody has a chance-
So we are can -- deferring the item?
Continue.
When we get to July 12. we will deliver the item to July 12.
Let me ask Commissioner Gort. Commissioner Gort?
I want to mention the people do have the ability to come in and argue against having- certain criteria are set up for you to be -- be able to have a historic site. But at the same time, there was no economic-people make a presentation. They talk about how the historic sites have improved. I have improved it -- northeastward have a beautiful home. -- when you go into little havana or little -- in places where you declare one home out of one neighborhood as historic, it is very difficult for those people to comply with it. There is always an incentive. I recall when the miami circle, I don't know if you remember the miami circle right next to the river here. They could not build a building. The state paid $24 million for maintaining that circle. Oh, there was an economic impact. I think this is something that people should be able to come back. If they do have an economic impact, we should remove it.
2:36 PMNow that I am going to take this opportunity, Commissioner Gort , I am going to go further into what you were expressing. I don't want people to believe that because your home, the surgeon areas declared historic, that property values are going to increase. You see, property values increase because of demand. Because of the location. Because of the property. You cannot compare the houses on the northeast, the north side. Those are beautiful old homes that people wanted to leave there. It is declared historic, or in some areas of -- cables, they have beautiful homes. You declare them historic, and they very seldom need any repair. If you go, as he said, you go to little havana, and because of that woodframe and all of that, every single home will be -could be declared historic. The same thing would happen. Who live in the city. And then what happens, you are condemning the people that can they cannot do anything to their homes. I think that historic declaration of preservation is very good, when it applies, and there is some history behind them. Those properties. I want to give everybody the opportunity.
2:37 PMI want to be clear. do you want to pass this item? And then, come back for second reading without changes?
2:38 PMWe are going to pass it today, and then we will make it --
Because the amendments has been stated on the record, we will pass it today on first reading. And, we will hear it for second, when it is scheduled on July 20.
That's right.
Gave us -- the appropriate amount of time to make the changes.
That's right.
On second reading will be when? The 20th, right?
-- be very clear. little havana, the main thing you have historic and all these buildings, are the rats and roaches. Having said that, let me complement my colleague, Commissioner Reyes, for bringing something that I think is very important, and is needed. When you are the owner of your own home, that is something that I think is -- government has to respect. Very differently than any other kind of ownership out there. What I would like to see change on this ordinance, and, I will approve it first reading your couple vote for a. But I would like to see a change in the second reading. For an owner of the single- family in a residential zone owns the property, to prove that historic designation would cost the owner unreasonable or undue economic hardship. The part that I would like to take out is to prove-i think that if it says alleged, that it will cost economic hardship, that should be suspicion. I don't think we have a right to force upon individual homeowners that their homes have to be made historic.
2:40 PMThat prove is what -- I would like to take that out.
Second the motion. I just want to clarify how the process would work with that historic preservation officer, as drafted, if that change takes place. Of they don't have to prove, just allege, that still leaves it in the hands of the preservation officer to make a decision. Am I correct?
No. they can appeal and come to the commission and we make the decision.
), alleging alone-under the way it is drafted, if I am not mistaken, whether it is alleged or proved, what they bring those documents, goes to the preservation officer analysis by the community of economic development. Department. But, they render a decision prior -- that will potentially allow that person out of the process. Is that correct? But, that decision rests with the preservation officer, even if it is alleged, but not prove. They are bringing the document.
We have-the owner has-the owner is informed. That's another thing that we must inform them. But, the owner of the property that is going to be declared historic, they must be informed that they have recourses to appeal. That they have, that they can appeal the decision of --. And, with or without cost, if they don't have the money.
2:41 PMThe second or expects -- accept the amendment as well.
All in favor of the motion, say i.
This concludes.
I would like to -- i'm sorry. Mr. Clerk. you swear in the individuals. I want to get the public comment out of the way.
Before we do that, we got to get into that, I would like to make a motion to reconsider the budget of -- cra.
2:42 PMAsked the clerk if he could -- [ inaudible ].
Yes, sir.
I will second that motion.
I have a motion, we have to reconsider-
First thing is that you have to vote on the motion to reconsider.
That's right. I make a motion.
-- to reconsider our age 5.
All in favor of the motion say i.
All against. motion passes.
I have received, I think that everybody has received the corrections that were made, and , on the budget. I didn't vote in favor of that, because I couldn't vote for a budget that could be, or that was not considered legal by the state. Oh, I am going to ask, where is the budget director?
2:43 PM-- I haven't gotten it. and neither has jeremy.
What is this?
For the footnote language.
Mr. Budget director. sir? Stop cussing me, man.
I want to -- I want you to take a good look at all of the corrections, and I want you and your -- in your professional opinion, to tell me, does this pass the test of being a budget that is not violating any of the requirements set by the state.
No pressure, right?
No pressure whatsoever. listen. If you don't believe it, do it. I don't want it-really. I don't want to go home, having heard some projects that they are being started. Keep this in mind. . Would you put your job on the line if you were ron.
2:44 PMThank you, commissioner.
No pressure whatsoever.
Just to remind everyone, that chris is the city's budget director.
Just for the record, I would like to know what we are looking at specifically before we start opining on it. It just got in and out.
We have followed the recommendation of the board to make the amendments to the budget, making sure that the items that have an ours, they are itemized. They are listed, and we have added, we will add the resolution numbers to reflect that, and also, the footnote language. That has been recommended. And, we are using this footnote language. If you would like me to read it.
2:45 PMWhat happened to chris?
He's coming. I just asked for her to explain what this is before chris starts opining on it because we have not expressed what it is.
Just a moment to look at it, commissioners?
Go right ahead.
-- we want to move on --. before you move on, listen. Under the -- audit and professional services, there are a number of resolution items there as well. That is not in this. Is that actually correct? Under --? Special services. The items that have no resolution listed next to them. Is that correct? In my reading the documents? Okay. On your amended budget page to list a number of items [ inaudible ]. Is that correct?
2:46 PMAdministrative cost. okay.
Under attorney -- resist professional services. And then other professional services. If there is -- there are only two items that have a resolution, out of maybe 11.
Because, he has not-i would be happy to go through it, sir. We will make the amendments. One of them is for the redevelopment plans, the budget, that we are coming back to -- the other for construction during purposes, we are hiring outside counsel. That has to be approved by the cra boards. We have the urban part. We have security for the park.
My question is, is the document that I am reading, is that correct?
The old budget that you have received, sir, is not the actual one. , we will make all of these amendments as recommended by the board, to make sure the items that have no resolution are up aided.
2:47 PMSo, between last time that you saw this at this time, everyone knew there were items on here that -- was correct. This was never correct? That is my thing about it. I don't mind reconsidering this stuff now. But I think that you gave chris an opportunity to do this -- [ inaudible ].
And we finish this, I have another motion to, directed to the city attorney to go and reconsider the global agreement. In its entirety. So, we have to reconsider, and see if we can get out of some of them.
Let's get this business taken care of first.
That's two different-that is the same --.
I just wanted you to be chewing on it. To be clear, we have rules to reconsider.
2:48 PMThat's right.
[ inaudible ].
Good afternoon ladies and gentlemen. We it looks as if you will be speaking on any of today's planning and zoning items, May I please have you stand and raise your right hand. Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth. And, your responses? Thank you chair.
Thank you very much. these items will -- seven -- a miami zoning carpet before the item is her, although some wishing to speak must be sworn in by the state clerk. -- returning items on the agenda -- section 7. 1. 4. 1 five, the miami planning is on ecliptic any person May be heard by the chair but not for the two minutes. Any profit -- him as modified by the chair. If the proposition be continue to reap his -- a later date before the commission takes action on such a proposition. [ inaudible ]. When addressing the city commissioner, the member of the public must first state the name, the address on the item spoken about. [ inaudible ]. The staff will briefly prevent -- present each item. Application requiring further approval [ inaudible ]. If the applicant agrees -- us [ inaudible ] the order of presentation shall be set forth -- in the city code -- appellant shall be presented first. [ inaudible ] -- [ inaudible ] thank you Mr. Chairman.
2:50 PMAll those who wish to testify, please come forward.
There any items that need to be continued deferred or withdrawn? Can you tell us what -- can you tell us what the action is, first?
At present, and for consideration for either a continuance, deferral, or a direction of the items that follow. Pc 10 was published as an item to be deferred indefinitely. It is a pending item to when you heard previously in the regular agenda. In addition to that, and conversations with the applicants for items pc five npc six, I have expressed my reluctance to go forward with these items at this time. -- for their own interest. I would request of the commission that at the very least, these items be deferred until the hearing on July 12. And I am speaking about pc 5 npc 6 -- and pc 6.
2:51 PMThe application for pc 5 states?
Mr. Chairman, for the record, my name is bill riley. I am located at -- here on behalf of the applicant for pc item 5 a 6.
Do you have any questions -- objections?
We understand that there are some questions that staff as. Want to evaluate those questions with us. We will have a meeting with him next week. We would like to proceed today, as -- commission. Only a first reading. But, if it is -- the commission to be continued, just asked for the commission to continue until the July 12 meeting. To allow us to continue to the next step.
2:52 PMSo this is zoning change?
We just find it very hard pressed have staff saying hey, we need more time. -- you need more time. But, one to put too many things on the agenda, it's going to be kind of -- is my only concert, Mr. Chairman. because it is first reading, we believe we can answer all the questions with staff before second reading. Second reading, if we don't meet those commitments, the second reading would have to be deferred.
2:53 PMI am not one of those people that likes to do well on first reading and then second reading, hey, i'm not here on second reading. -- first reading. You got by on first reading. You can get by on second reading. I'm just not one of those. I don't agree to that whole philosophy.
I understand.
If we could be deferred until July 12 work I know it is a big agenda, but we would appreciate it if that is something the Commissioner Would consider.
It's just a week and a half later. The 26th.
The next one is the 26.
That shouldn't be as fast.
I would like to bring up to my colleagues that there is an item that I believe will take hours on the 12th. If we do a special meeting for it. And, that is the bill rees property. And perth -- extension a professional soccer.
2:54 PMAre there any -- items on the 12th? Are there any [ inaudible ].
We have three planning zone items at present.
For the 12th?
Yes, sir.
By that time, you will have already had your meeting with the city.
Yes, Mr. Chairman.
I could fitted the meeting, but if we do that, it's going to be a full meeting. We will be here until the a. M. If we consider changing the meeting of the 12, just a little before, or a little after,
At least one of the issues.
That's going to take hours. if you want it for the 12th, and gloria agrees --
2:55 PMI have no objections. putting it on the 12th. , just remember, we might be here for a long, long time. So, bring coffee.
Are there any other continuances or deferrals into the 12.
-- indefinite vearl -- deferral of pg 10.
Okay. is there a motion to approve the deferral [ inaudible ].
I think it's a motion. discussed remind the city attorney of another key item we have that day.
So, let's see what we can do.
That's a motion. if any reason, bill, we run into a problem, we will send you a little -- with the notice.
I appreciate the consideration.
It ultimately ends up being your time.
2:56 PMI understand, commissioner. I understand the commissions courtesy.
There is a motion.
Moved. seconded. All in favor, say i.
I.
Motion carries. I open the floor to comment. -- any other planning or zoning items, now is your chance to be her big if you're a member of the public, state your first name, elastin, you missed at your address, and one item it is your speaking about. Once again, it is the public comment of this. If you want to speak on any of the planning and zoning items, as a member of the public, it is your first and last name, you May -- your address -- and the item you're speaking about.
My name is sherman ragnar. I am the president of 1809 bricco avenue. Tenants association. Sort of a continuation of f1 and tc 11 -- pc 11. And its convergence between preserving affordable housing and preserving historic properties seems to be many of the same issues going on. I would hope perhaps, you would consider as a member, including affordable housing, including multifamily affordable housing. In the same kind of incentive programs that you are discussing for historic housing. And, why it should not be part of that same bill, since many of those same issues apply. One of the things that we are using that might be useful, if it is something you want to do, then it is kind of a carrot and stick. Hearing that young lady speaking about the impact it had on her life, that makes me think of bert harris. There are a lot of provisions, and awaited deal with that, using the carrot and the stick, where you can discourage people from not doing something you don't want done. And, encourage them to do something you do want done. So, as an example, as a means of saving our affordable housing, which will expire in 2019, and I think this applies to the historic preservation. I know there is a group that is planning a citizens initiative, that will incorporate zoning reversions. Essentially, it's a two-pronged approach. Basically, if they do not continue in one -- keeping it -- affordable housing or incorporating into a future development, they revert back to the original zoning that existed, in our particular case, back to 1965. On the other hand, if they incorporate the existing affordable housing, or, if we are talking about historic preservation, then you give them immense bonuses on what they can do with their market rate housing, and affordable housing preservation. And, in the same way, you would apply that to historic housing. So, there are ways of dealing with this. I know in our situation, we don't have a lot of time. A, I hope you will consider incorporating some of these ideas. I can go into more detail with each of you separately, if you would care to meet with me at how we can preserve 1809 bricco avenue and the thousands of other affordable housing projects that are going to be lost. In the same way that historic housing will be lost if we don't act now.
2:59 PMThank you.
Hi. my name is tammy flood. I live at 928 northwest ninth court. I am speaking on pc nine, which is an appeal coming before you. By becky and steve la. Becky long and steve terry. I am a resident of spring garden. I went to the hearing on the hep board. There was a lot of misinformation given. I just wanted to clarify. You should have 12 pages in the application for the hep. Do you have the 12 pages in your full packet? Do you know?
3:00 PMI haven't looked at it.
I just want to make sure that you guys have seen. Because, the class I permit -first of all, I have a copy of the class I permit in there for the county. It states that it is a new seawall. But, in the resolution that is for today, you say you are repairing the seawall. That is already a discrepancy. Originally, when I can before this commission in March night, there are two grants through fine. One for the big part, wanted -- one for the little part. What we were saying, instead of launching people -- into the miami river, which we feel like is a death lunch, put them in the little part, which is on -- canal. That was really the main reason for all of this. It's not that we are opposing kayakers. We love kayaker. Daughter is a kayaker. But the miami river is the wrong place to do this. The members of our neighborhood, from the spring garden civic association, you have a letter of support, they were afraid that we were going to lose -- if we don't take the dc kayak launch. The -- already has the seawall money in it. As I understand from cip, that money has been allocated. It is $500,000 just from the city. The whole project is $1. 5 million. To repair a seawall. That doesn't make any sense. And, you are going to cut into a park, 500 square feet will be taken off the tip of that park. You are going to just -- in that 12 pages, I have the archaeological zone. We are red. We are a highbred probability of archaeological artifacts. They're going to stop the project. It will take us forever to get the seawall repaired. We are just asking, and becky will make a presentation. We are just asking that you reconsider the whole thing, in the interest of economics. It makes no sense to spend $1. 5 million, when you can spend 100,000. And you can put that money somewhere else in the city. Thank you.
3:02 PMThank you very much.
Hello.
I. my name is diana perez. I am the owner and ceo of american investing group. It is a real estate company. I have done business for a while in the area of downtown --. I am here to speak for pc 2, arch luxury. I'm here to ask you to consider approving this budget. As a real estate broker in this area, I am really concerned, because there is a shortage of rental units. Especially, of larger apartments. There are several one-bedrooms. They are very, very small. And, they are very costly. And, there are many young families that are looking to move to this area. Especially, because they work in the metropolitan area, and as we all know, traffic is terrible. And, there are very few apartments that are two bedrooms or more. So, I think that this budget will be great to set aside those -- currently looking. Also, let's say that the tenants , not necessarily have a family. But, they want to live in the area. Again, because they work around. They could find roommates, and they could still make arrangements to be able to afford it. A one-bedroom apartment or a studio is really hard to do that. I really believe that by increasing the size of the unit, it will greatly improve, obviously my ability to make business, and the ability of tenants who lived in the area. Also, there has been-let's say --. Obviously, new people living here will help the businesses around, and the overall economy of the city. Again, I really appreciate. That you guys take my testimony into consideration. It, I look over to you guys approving this. Thank you.
3:04 PMThank you very much.
Good afternoon. I name is george cabrera. I am 690 southwest -- course. Court.
I am here for . I am the president for -- the one of the oldest organizations in south florida. Our organization is very close, was very close by to the arts project. And, as an educator, and as a former president servicing this community, I am here to urge you to please consider this project . This is very important for the community. This whole live, work, and play initiative is very important for the families. The larger unit that is being built is much necessary for a lot of the young families that we service. So, I am here today before you to please consider this project. Thank you.
3:05 PMAlpha gene, 720 n. 69th street miami.
I am here to speak on behalf of fr to. A very positive public benefit legislation. I want to thank Commissioner Carlollo and Commissioner Russell for championing this legislation. I want to share with you all that the first project, or the project that I hope gets the first benefit from -- is actually the affordable housing project. It is in Commissioner Hardiman's district. Little haiti. It is designated with a 30 year covenant. Through the designation, because of the new legislation, it requires all monies that are benefited from the sales of tdr's and tdd's be reinvested into the properties, it is really important. Which is -- which was to measure reyes's comment that was built into the regular -- as -- exceptional affordable housing. I sit on the commission of miami preservation, with george menasha and lou and --. We had a meeting earlier this week. And, one of the discussions was, how do we come up with funding? Where is the gap funding for affordable housing? The focus on noah. Naturally occurring affordable housing. That sometimes falls into culturally historic neighborhoods. So, again, where by choice, people choose to take advantage of this tool, it could be a source of funding. I know that I am using it. I know that it was discussed at length in the meeting for these buildings that are multi-flex -- multiplex buildings. I think this is an and an important public benefit tool. Chairman. I am in your district. It is palm grove. It is home of --. You have seen how incentives can work. And so, I appreciate your support on this legislation. Again, a lot of work planning and zoning, and a lot of other people in this room. Thank you for I think, what will be a very valuable tool and incentive for affordable housing , and the encouragement of historic preservation. Thank you.
3:08 PMMa'am, you are recognized.
This bike over here is not bad.
My name is katie flood. I live at 928 northwest ninth court in spring garden historic district. I want to address item pz 9, which is the kayak launch at point park. I am a kayak owner at a boat owner. I use the miami river to get in and out with my 40 foot sailboat all the time. And, in all of my years of living near the river, I have never, in my life, wanted to use a kayak in such an active and dangerous waterway. Where cargo ships with limited maneuverability are passing by, six times a day. And, I think that the last thing you would want, as our elected officials, is to put us in danger, by actively placing us in their path. You are also endangering local boaters when you do this. Not just kayakers and small watercraft. I think it is pretty reckless to put them in our way, to put them in the way of cargo ships. You are kind of creating an enormous liability for yourselves. I know that that the florida department of transportation recently published studies for the marine industrial capacity of the river. A, they have plans to double its freight traffic for this year alone. So, there is kind of a conflict of interest epicure trying to increase the freight capacity, the cargo capacity of the river, but you are also trying to put small watercraft in their way. So, I would grade urge you to reconsider this entire project. Thank you.
3:10 PMGood afternoon. my name is cassie ivanov. I -- 11th street. And the mac. I am -- [ inaudible ]. I lived here for the past 30 years. I was waiting to see some improvements. Down the way. 18 years ago, I went to the miami rowing club, north alaskan , to create -- open some doors. I have come here to make this a little bit different, thinking about the european way [ inaudible ]. In the time we can see [ inaudible ]. A long time ago, the president of the rowing club was saying, when somebody fell in the river and in the canal, they were stuck there forever. This is not the case now. -- the canal is damaged. The waterways are different. I don't think money spent into this project in the wrong place. -- can do inside waterway [ inaudible ]. Rivers, canals, and special -- like we have behind the and imac. Getting into this project, I think we can accept two things in one. We have the recreational possibility, and we have some kind of ability to bring -- they were going to create additional [ inaudible ]. They are never going to create additional -- traditional boating. And it will be much quieter. The environment is going to join them. And I think, for this project, any penny the city is going to spend is going to be an addition. That is what you are doing -- in the waterways. Please go ahead and support this issue. Thank you.
3:13 PMThank you very much.
Good afternoon. my name is janessa -- giuseppe -- southwest 27th avenue. I am here in support of item pz 2. For two reasons. One, for the developer behind the item. And, the reason why it is being asked for. The developer is j milton. Is one of the most reparable developers in miami/dade county. The family behind it is also constantly giving back to the community. The company's business model is , build to keep, not built to sell as many of the developers do. This is important, because, it shows how rooted they are in the community. The developer also owns approximately 10,000 units, which mostly are located in the miami-dade county area. Which, I believe makes them one of the top payers of real estate taxes in the county. I think around $9 million in 2017 alone, just in realty taxes. The company also employs around 500 people. Those are temporary jobs. We would also like to consider that the, those are permanent jobs. Also consider the time period -- temporary jobs that each of the projects generate for the city. Because as previously mentioned, I urge the commissioners to facilitate a multimillion dollar investment that the developer will carry, which will benefit the city. In regards to the project, why is this being requested? I think the reason why they are requesting it is because, the change of the zoning will allow them to build bigger units. Not necessarily more units. And, let me tell you, as a person who has earned less than $50,000 a year, the solution is roommates. That is the solution. To be able to share a unit is what makes it affordable, is what makes it attainable. So, please, support this decision, so that we can have roommate friendly units in that area. Thank you so much.
3:15 PMGood afternoon. linda hauser, 20 784 southwest 29th avenue. -- 133. I want to speak on item pz 11 and 12 , I believe. Which are companion items to the fr item that was heard earlier. And, I want to point out, when you brought up t4's, -- metro station. The land adjacent to it was rezoned a long time ago. And, a lot of it was rezoned t4. Well that land is not on a major corridor, it actually sets off of u. S. 1, between 27th lane and 28 fine. Those properties were rezoned t4. They are currently backup to public storage companies. And the current project that is being built, the caustic road project, which is a 12 story building, which is up to the fourth floor now. I just want to make sure that in a true transit oriented zone, that those t fours are not taken off the table for receiving sites for the tdd's. Thank you.
3:17 PMThank you.
Good afternoon. my name is tucker gibbs. I am representing park loss condominium association. I would like to request intervener status for today's meeting and for the next meeting as well. Second reading. And imac.
I just want to be sure that at the time, my clients can speak to the issue.
Which item is it?
Item pz 2.
When we get to it-
Okay. thank you. -- northwest seventh street unit 1001 miami florida 33126. Good afternoon chairman and commissioners. Thank you for the years -- the service you provide our city. I am here in support of pz 2 for three simple reasons. The first one is need. I think that for all of us in the community that drive-by that area and see it from the highway or on the ground, it is basically vacant. It is barren. We have folks coming in from out of town and asked us, what is going on there? Are you guys going to build a soccer stadium or something there? The answer is no. Nothing is going on there. Nothing has been going on there for some time. The purely is in need in the area. There is also a need for income and tax revenue in our city, to do great things. Oh, developing their will bring us some tax revenue. And, probably tax revenue. The second reason for developing, for supporting this item, is the solid developer. As previously mentioned, the militants are committed to our community. And have been for decades. And, choosing to support a developer to continue a legacy left by the father, it allows us to continue to grow our city, and to provide needed households for decades to come. Beyond that, I really approve and what your -- or is one less thing. I am serving on boards becky worry about making a decision that you make an impact and change what has been done previously. Will, previously, similar requests have been made. And previously approved five times. That should provide some comfort, as it did to the -- board. In passing this. Onto you all as well. That is has been done before. It should be done again, with this developer, to fill the need. Thank you, folks.
3:19 PMGood afternoon chairman and commissioners. My name is yeti nts. 1857 northwest 24th street allapattah. I am here in support of pz 1. As -- continues to justify. We continue to support projects like pz 1 that will bring affordable housing to lower and middle income residents. Thank you.
Good afternoon chair, vice chair. Commissioner. -- 14050 northeast sixth avenue, apartment 310 north miami florida. I too am in support of pz 2. It is a great project. I have -- similar -- like everyone else. It is a reputable developer. It is great for the city. -- it would work for everyone. Thank you.
3:20 PMGood afternoon gentlemen. I am richard of beaver. I live at 723 northwest ninth avenue. I am here to speak against the deal. It's a poor decision. The replacement of the seawall at spring garden point park. I have got some photos I would like to -- a small sample. The seawall -- funds. The city has already spent a couple of hundreds of thousands of dollars for getting this project done. The seawall, in my opinion is a liability to the city. As it is right now. There is a dip in the land there. I think it is undermining the seawall. -- a legal liability for the city. So, I want to raise my -- opposition to this appeal, and --
3:22 PMLet's is exactly where the seawall is in this picture.
Thank you. I am charles grant feel. My family has been in spring garden since the 1920s. So we have been here a long time. I am also against the appeal I think it is important that the point park maintain its openness to the open -- to the general public. It is very important. The fact that there will be a kayak approach or roadway into the canal area I think is very important, and more importantly as a taxpayer, I am thrilled that there are other sources, private sources are going to be a part of this project. I am a little tired of always being a taxpayer that pays. It is nice to know that this is going to be a joint project between private and government funding. So, that to me, is terrific. Another point I would like to make is, we use the park all the time. And, I think it is important that people come to our neighborhood, see an open park like that, a lot of people like kayaks. Explore the river. The miami river, at that point, has a sharp turn, where the fifth street ridges. All the freighters have to, obviously, slow down. So, I think there is a minimal danger to kayakers, otis. In addition, kayakers can do a 360 degree turn very easily, as opposed to a jet skier, or someone else, who I think is in more danger than a kayaker. So, I would say, please, think of our park, and thank you city commission, for that consideration, to maintain our park, and open it to people.
3:24 PMThank you, sir.
Good afternoon. -- sixth street. I just have questions for some of those items that will be up zoning. Especially the one on eighth street and ninth avenue northwest and first. They are being -- upgraded from d 5-d 6. Pz 5.
Pz 5 was deferred.
Okay. question for the pz -- utility connections. Are we looking at any kind of ways to get those private owners who have -- going to the property to be able to remove them? Because, I see that, unless it is a project, specific project, is the one that gets the attention of the city. But, as the city, we have many different business owners, privet owners who have -- going to the backyard. And nothing you can do about it. If anything that the city is planning on trying to help those owners who don't want those transmitters behind their backyard, to protect us. That to me, is the only thing I have got to say. Hopefully, all this up zoning that we will be doing will be more continuing miami 21. Miami 21 is nothing -- we approve -- now. We have done more changes to miami 20 want to change everything that we approve, then we are actually doing in miami 21. If we are going to do more changes, are you going to, as the city, plan to, for example, seven street to be up sound, according to what the market is that is going to be -- sown. Now we are having all of this businesses and owners, who are -- in first [ inaudible ]. Who by a cheaper and i'm not doing great step for the future of our city. But where we planning actually on improving the whole thing for anybody who actually still owns it -- the property in those areas? Because, that would be fair. For those who will be there 30 years ago, and now they have to sell because they are broke, because of construction. I think the city should try to think about those that are still there, and help those as well, not just the big developers who come.
3:26 PMFor the comments, I want to close public comment at this time. Let's open up with pz 1. Mr. Chairman.
3:27 PMI have to do --.
For pc 1 -- [ inaudible ] we discussed the project especially in relation to zoning change. -- any decision at this time. A decision is based on the written record -- in the public hearing today. On pz 2 -- 26 2018, we discussed this project, especially as related to zoning changes. The discussion did not -- to any decision --. My decision is based on the written records and testimony presented here tonight.

3:27 PMAnd ordinance for the miami city commission with attachments amending zoning -- 1314 as amended by changing the zoning classification 90 5l, urban centers, limited to -- urban or open of the approximate point 608 acres of real properties located at approximately 1392 northwest 36th street and 3095 northwest 73rd. And 1385 and 1373 northwest 35th street miami florida, as particularly described in exhibit a, -- and providing for an effective date.
3:28 PM[ inaudible ].
You want to go first?