[Music] the broadcast is now starting all attendees are in listen only mode good evening we're calling the evening portion of our February 14th meeting to order the time is now 610 in the evening Madame clerk please call the role councilwoman Marine boras here councilman Rafa Pino pres councilwoman digna Cal pres vice mayor Oscar po Cor mayor chrisy Fraga present mayor have cor all right please rise for the Pledge of Allegiance I pledge allegiance to United States of America to the rep it stands one nation under God indivisible with liberty and justice for all okay we have now the agenda order of business is there any items on the agenda that would like to be moved shifted nope items okay I um I would like to refer um item C I need a little bit more um for next for next meeting for next month meeting well that's my item and I'd like to discuss it if there's a motion to defer it at that time we'll take it up but I'd like to discuss the item okay okay if there's no other um order of business uh items then we will move on to public comments now opening the public comments portion of this meeting thank you very much there's another card public comments portion of this meeting anyone that would like to speak on anything on this agenda or anything gerain to this Council now would be the time to come please make sure you fill out a comment card if you haven't done so already I'll start with the comment cards I have received I would like to remind the public that if you come to speak at the podium that you do so in a respectful manner please do not name any individuals on the council uh and try and address us as a body we will now call up Mr Pier Christ good afternoon Pier Christ 10254 Norway 52 Lane D Al frea 33178 Mr Mayor members of the council and staff Happy Valentine's but I'm sorry to say in Valentine's Day my heart is broken and my heart is broken because what I see is happen in our city uh I know we have challenges we have opinions we have different uh points of view or whatever it is I was able to see a little bit of a portion of this morning session and the session session special session that happened a week or two ago and I'm very very sad we trust on you to recover the harmony we need on the city I respect everybody and I think everybody respect their opinion their extension naturally for XYZ reasons but please to get to a point that we have an attorney saying I don't want to be part of your city I pull my my application right now I don't want to be part of this that reflects that we're at a true bottom and unfortunately you are the only ones who can change that so I please ask you to consider that because it's not only your name that goes down it's the name of all what we have built all together you are there but this city without us is nothing so we're part of the construction of the city and the effort that personally have put together and invest on the city are very Hur today so I appreciate that you consider that thank you thank you Mr Christ any other public comments at this time please approach the podium being none public comments is closed and we'll now move on to the public hearings Madam clerk first reading item 21A ordinance number 20249 text Amendment live local act an ordinance of the mayor and the city council of the city of D Florida amending chapter 68 land uses and Zoning districts of the city of D code of ordinances to create article 8 to be title of local act to establish the development standards for multif family and mix use qualifying developments authorized pursuant to chapter 20237 laws of Florida and procedures for processing the same providing for stability incorporation into the code and an effective date thank you madam city clerk this item is Planning and Zoning item yes if I could call Julian Perez uh Community Development and planning and zoning director who will provide a presentation regarding this item good evening mayor members of the council City attorney city manager members of the audience Julian Perez El service and planning and zoning director the item that we have before you this evening is a text Amendment to chapter 68 land use and Zoning District article 8 live local act text Amendment this is the result of ordinance 2023-24 excuse me if you can get closer to mic can you hear me there good thanks this is the product of uh ordinance 2023-24 that was passed on September 133 2024 we were instructed by this Council and through this ordance to prepare the regulations and standards to be able to implement a program so that the city could evaluate and administratively approve projects that come under the LIF local Act of 2023 those are qualifying development there is a staff report that is provided as part of this ordinance that is before you on first reading that provides you a history as well as an overview of how we got here not only from a state perspective but also from a local government perspective this piece of legislation that was passed last year and this year there are two glitch bills associated with it supposedly to improve Senate Bill 109 102 I'm sorry um Senate Bill 102 has brought a tremendous amount of concern not only to the city of dado but many other cities and County throughout the State of Florida and the reason for it is the deficiency of that build itself and the fact that it allows residential development in the industrial commercial and mixed use so what we did here as I indicated was to put together an ordinance that would able to meet the state requirement but at the same time also protects the city of dado their residents and the Integrity of our comprehensive plan and our Land Development regulations as you can see from this presentation this ordinance that we put together took us almost five months to put together it was not an easy task we looked at what others were doing in terms of sen Bill 102 we also looked at what was some of the perspective that were out there not only from a planning point of view but also from a legal point of view to make sure that we were what we were putting together will stand an illegal challenge so the ordinance itself is divided in over 10 different sections it is very detailed and it was done like that to make sure that we were having a process that met the state requirement but it was one that again made our Land Development regulation a comprehensive plan and it was something that was just and it protected Ed our residents as you can see we're going to go over each one of them very quickly so what is really the intent of this text Amendment request well it's basically like I indicated it just to create an article or article8 to be entitled the live local act to establish the development standards for multif family and mixed use qualifying development authorized pursuing to chapter 23 2023 17s of the laws of Florida and procedures for processing such applications we make sure that uh we also as part of this review we looked at our comprehensive plan and our Land Development code from a comprehensive plan perspective what we have done here is consistent there's two major sections of our comprehensive plan or elements of the comprehensive plan that are impacted by cill 102 and what we're doing that is the land use element and the housing element specifically the housing element in the Land Development code what we have what we have to do here is do the text Amendment one of the major deficiencies in aill 102 is the lack of definitions and specifically definitions that had to do with mixed use development multif family development and so forth major Transit stops also so what we did was we did some research to look at some of those key definitions that were lacking and that was Major Transit stop and like I said mix use development multif family development and qualified development so what is the purpose of what we're trying to accomplish it and basically again the pro the purpose here is to really supplement the existing development uh criterias that we have in our books and to make sure that we're providing specific criterias that applies to the development of multif family and mixed use qualifying development on the Liv local act in looking at what we could permit and prohibit as part of this process we went back and we did a thorough analysis of Our Land Development code and we looked specifically at the dmu which is the more comprehensive and more broad um land use category and as you can see from the slide basically the permitted uses are pretty much consistent with what the statute is indicating so for qualifying development that are mixed use development only in a only in a combination of residential business retail Hotel entertainment offices will be permitted the prohibited uses as you can see they're all listed there and they're consistent with the section prohibited uses in the dmu sections the other thing that uh we also play pay very close attention was the mix use qualifying developments and uh in looking at the mixus qualifying development in industrial commercial zoning District it should be permitted consistent with the established Land Development standards of a dmu and that's why we kept going to the dmu referring to the dmu for the multif family quality ifying development then we went ahead and we looked at the multif family mf4 which is probably the closest in terms of density we have always maintained that the density is 25 dwelling units per girl acre remember we're working on the cabil W2 there may be a difference when they're done with a glitch bill so for now what we're doing is we're doing 25 dwelling units to the gross acre if a developer is interested or would like to go to 35 dwelling units to the grow acre then that developer will have to come before you we only recognize the 25 acres to the unit density as we move on then we looked at all of the standards that we could apply under sill 102 that were not preempted remember several of my presentations I always made a point of those areas in cill 102 that were not preempted that we can look at very very carefully and Implement those regulations and that's what we're doing here so there's a series of standards that we're going to be implemented or implementing as part of our ordinance and there's a if you go to the ordinance itself there's a very detailed description in each one of them and how they work however when we look at Cil 102 we really want to make sure that we're looking at those minimum setbacks and that's what really is going to help us provide the distance lack of a ver turn between properties and between other uses so as you can see we have identified setbacks for front yard side yard interior setback and rear setbacks the setbacks that we're proposing are more aggressive than the ones that we have today in our book then there is the question of how far this type of developments are going to be from the development next door one of the things that we're recommending is looking very hard at the landscaping and open space that is probably one of the ways that we're going to be able to protect those uses that are around Senate uh qualifying development under Senate Bill 102 and and specifically for those families that are going to live in those developments and in the industrial areas so we look at the Landscaping we look at the open space requirements as probably outside setbacks as probably one of the most important components of this ordinance we also made sure that those dwelling units were not units that were built and put set aside in another portion of the development those units have to be incorporated with a market value unit and there's many reasons to make sure that those units are part of the market value unit we have a project here Sanctuary that has Workforce housing and that's one of the things that we made sure that when that project was done that those units were also part of the market value unit very successful as we move forward then we also address the application submit uh submitt requirements which are very important and those are standard requirements for anyone that would like to submit a site plan in the city of theout which makes it now this article consistent with what we already have and it's something that is very important and it's written all over that piece of legislation yes we would allow you to go through this process on an administrative process but you have to make sure that what you're doing is still consistent with the city's comprehensive plan and land development regulation as we move forward we also are going to look at consistency review that was one of the areas that was not preempted and is also very important there's going to be a pre-application conference and we're going to make sure that the folks involved here meet those requirements that we already have in the books specifically those that are going to be part of the professional team the then there's your review your review application process then reso medals that are very important and then making sure that other agencies that typically review our site plans are also part of this process and I have those identified there then we come to probably one of the most important also one of the most important sections and that's the restricted Covenant and the annual reports and penalties and so forth and that is to make sure that the applicant itself follows all of the requirements of sener Bill 102 when it become when it comes to the commitment of making sure that they have to keep these units for at least 30 years as restricted part of the restricted cover now coming back to what is occurring right now either through cville 328 or house bille 1239 if I'm answer correctly okay we may have to come back and look at this later on then there's a section that deals with the expiration so this is not forever and ever if you get a site plan approval you have a certain amount of time 12 months to be able to go into the next phase of this process which is the permitting process there's also an appeal which is also very important so if an applicant disagrees with a director's opinion or Direction then that applicant has the ability to come before you and appeals the director's decision with that this is the presentation I try to make it as quickly as possible I know it's St Valentine's Day and uh folks need to go to their spouses and um there is uh there's a lot of information here uh you know again please uh if you could go back to the to the ordinance and take a look at the ordinance and uh you know we hope that uh we have members of the community look at it also and engage on a dialogue with us uh the second reading of this item uh is supposed to be March uh 133 and at that point that is when the uh the 60 six months uh requirement is met again I uh really want to take also this opportunity to thank everybody that was involved in this this was a it was not an easy task putting all of this and trying to uh you know make sure that we were meeting all of the requirements not only what's happening with Senate bill today but what's going to happen with the glitch bills that are coming out pretty soon soon I would also like to extend my thank to the City attorney that work very closely with myself and the department in putting this together I I can tell you that by looking at others that have been other ordinances and what others are doing I think this is very detail I think this is a document that I think will be in the best interest of everybody and specifically trying to meet the state law as well as our interest and it's the citizens interest that is first year and um hopefully you know this will be something that uh will meet everybody's requirement with that if if there's any questions I'll be more than happy to address those questions thank you Mr thank you Mr profess pre for that um that presentation um I am going to open it up to public comments very quickly I didn't realize this is the first reading of the ordinance I I was thinking was a presentation so I'm going to go ahead and open it up and then we will um take comments item 24- 5473 is now open for public comments anyone from the public that would like to speak now is the time to come up please approach the podium being none Madam clerk the recer reflect no one has chosen to speak at this time and now we will take comments from the council I have a comment and I'd like to ask question uh number one is um I think you did a well you and your staff did a great job at uh putting together what was missing and what we were concerned from this bill 102 and I know there's going to be changes uh I'm not sure if you're aware of the changes that are coming but uh I'm I'm sure that you're reflecting some of them in the presentation and the document that you just presented I got a call from a developers uh representative and also at the LBA meeting yesterday that I attended to some of the uh developers approached me and they were concerned with um with the the way that um I'll tell you in a minute open space requirement compared to what we have with other type of development and I took a look at what we have and uh the PD PUD is 15% the dmu is 10% and the CMU is 15% and you're proposing at 35% correct and um even though we we we are not opposed to um Workforce house and affordable housing uh you know nowadays whoever builds it's going to have to build in an urban area which is a smaller place to build so we don't want to deter them we want to control them and and and I think that if you can revise that and see and and and see how how we can maybe go a little less than that higher than the other ones of course but uh somehow lower so so that uh the ones that are going to in best do have the opportunity to do so sure um answer to your comments uh first of all yes we're very knowledgeable about both bills that are out there um we have developed uh matrices to make sure in analyzing uh what's the language that they're proposing how they're affecting our city um we have been tracking these two bills since they came out and uh and when they first came out uh we were very happy that industrial was taken out unfortunate on January 30th industrial was put back so to us I think it's a major setback um there's two areas where they added preemption and that is on the floor area ratio that's new and then uh there's also the um the transit oriented if you're within a Transit oriented area uh either in the area or the actual Transit oriented then your parking is eliminated it's not required okay but we're not hopefully we're not in a t in a Transit oriented development now to your second comment about the uh landscape and open space yes I had a meeting uh this afternoon with a group that came and uh they were concerned uh that it was a little bit too high um I point out to them that's something that we could look at I asked them to please submit comments for us to take a look at it but I also told them that landscaping and open space is extremely important because it's one of the ways that allow us to maintain that distance especially if you have mature Landscaping to maintain that distance that protects the other uses from that use specifically in the industrial area and as you remember one of the things that I first brought to the attention some of you when this bill originally came out was the environmental issues associated and specifically having people live in areas where you may create an environmental justice issue and that's something that is been talked about but for us one way to to be able to address that is using the landscaping and those buffer we can look at it not a problem any other comments other comments I do have a quick comment um I want to thank you um Mr Perez and as well as uh our City attorney for working on this presentation I think it's so important with all the discussions that we've had regarding Senate Bell 102 and the challenges that cities are facing uh across FL I think that we were definitely one of the first ones to take action um and I think that some of the um the consequences of what we're seeing at the state unfortunately not to our full um you know benefit are because of actions that we took um I was sad to see some of the Renditions of the bill go back to where it was uh I'm very much supportive of this being as strict as we can be why do I say that um to me this is a perfect example of spot zoning with this bill and so as you've already well stated um where some of these areas may go and maybe not necessarily in our city 100% because we're not so big and we're we are developed enough where you're not putting people in like an area that doesn't have close access to schools or Parks or um you know uh Grocery Stores um and and our city's been very well planned out and so maybe not necessarily in our city but just across the board it could create U more difficulties and burdens on these families that H build in these areas that really weren't planned for residential communities so I actually think putting higher requirements um in such things as Open Spaces in areas where you probably won't find Open Spaces as much because it wasn't planned for a residential development is important I think that the most that we can do to try and get uh these developers to come to the table and um and go through the process within the city and not necessarily take advantage of the bill while I understand there's many advantages to the bill for the developer they've really been handed a silver platter already with this with this bill and therefore I think that if we can do things to make it um to make them have to meet the requirements of the city to the most of our ability then I think we should do so and therefore I I I agree with what's been put in the ordinance um while I believe that our city has always been very um business friendly and and uh open to um making sure that there's progress and development I do believe it's important that we protect the characteristics of our neighborhoods and that we uh protect the quality of life of future residents too because these will be future residents and you definitely don't want them living in a box and so um for me that's why I think that after reading the ordinance the way it was done um I think that could have gone stricter on some of these um and we had that conversation so I think that uh I I'm I'm pleased and satisfied to say that I don't think that we've crossed any lines to make it you know unobtainable or or not um unfeasible for the developer but we've definitely made it hard so that they can so they follow the principles of our um of our code and of the quality of life we expect for our residents so you know with that I I I again congratulate you guys for working on this because I know it was not an easy task obviously it's an Ever evolving Bill still and so I believe there was language also placed in the bill to comply with any future modifications to the bill correct correct correct correct yes so with respect to this sorry excuse me trying to move my mic um because it's we're kind of in limbo as to whether industrial is going to be taken out of of um the legislation including in the proposed ordinance is some language that in the event of live local Act is amended to remove either one or both of the districts um which would be industrial or commercial um that said statutory Amendment shall automatically apply to this article and that any existing city regulations prohibiting residential uses will then be reinstated and apply right so worst case or best case for us we would have to amend the bill I mean we would have to amend the ordinance in the future but it does not exude us from being in compliance with any amendments that go up with the bill so correct I'm good with it thank you very much for working on this very much appreciated and we look forward to seeing the second reading so that we can uh move forward motion to approve by councilwoman Pino second by councilwoman cabal if there are no further questions Madam clerk please call the RO just really quickly I am going to make two little clerical changes um one is in section 68- 911 subsection 4 with respect to setbacks we use the term residential um development it should be qualifying development because it would also apply to any mixed use so I just want to make those little changes okay you got that yeah yes okay perfect motion to approve ordinance number 20249 on first reading made by councilman Peno seconded by councilwoman Council Pino yes councilwoman councilwoman poras yes Vive yes fro yes motion passes thank you very much we move on to the next item item 21b ordinance number 202 2410 revising agenda vetting procedures and ordinance of the mayor and the city council of the city of D Florida amending section 270 same agenda and chapter 2 administration of the city's code of ordinances by modifying the procedures for which placement of city council initiated items on the agenda for City Council meetings providing for implementation incorporation into the code severability conflicts and an effective date thank you madam city clerk um Council importas this is your item this items to amend the vetting procedures that we currently have in place um to better align with the city Charter section 410 allows council members to place items on an agenda for discussion within seven days prior to our council meeting without the requirement sorry to place um items on the agenda 7 days prior to the council meeting so what I would like to clarify with this is that we can we have up to 7 days prior to a council meeting to submit agenda items without the requirement of an affirmative approval of the majority of the city council and that would better align with section 4.10 of the city Charter as you all know we currently have a vetting ordinance um that requires us to submit items within three weeks or three weeks out before the city council um meeting and this would again G better align with what's provided in the city Charter which is 7 days prior that's it okay any comments oh I need to open up I'm sorry you're right let me open up to sorry councilwoman I'm going to open up real quick to public comments um public comments is now open for item 24- 5508 anyone that would like to speak at this time please approach the podium if 3 minutes to speak regarding this item being none public comments is now closed Madam clerk let the record reflect no one has chosen uh to speak at this time okay taking it back up to council any other comments I I do have a comment um I actually think this is great um I was never in favor of the vetting ordinance I think that as council members we are elected to do a job a legislative job I know what the intent of the vetting ordinance was from day one which was to make sure that we had sufficient information as council members to make a decision but I think that we are all responsible adults and can decide what uh what um uh what sufficient information is and if not we can have a discussion about what's insu uh insufficient information I think we did that today we you know there was times where there was insufficient information we were asked to make a decision that we weren't prepared for and we moved it on to another time so um I am 100% in favor of this I think that it's something that should have uh consistently reflected what the charter said from day one and and and my vote you know historically has been against uh a vetting ordinance that restricts council members from being able to do their legislative role so Council woman thank you for bringing this forward I would love to even co-sponsor it and um and we can move forward I think this is great motion to approve motion to approve by vice mayor P Cory second by councilman Pino okay Madam clerk please call a rooll motion to approve ordinance number 20241 on first reading made by vice mayor P corve second by councilman Peno vice mayor P corvey yes councilman Peno yes yes councilman yes Council poras yes mayor FR yes motion passes awesome next item item C ordinance member 20241 Capital asset Reserve fund policy an ordinance of the mayor and the city council of the city of D Florida amending article four financial matters of chapter 2 Administration to create section 2 d253 of the city of D code of ordinances entitled Capital asset Reserve fund policy which shall provide for minimum contributions and a minimum fund balance within the infrastructure replacement F of the city's budget providing for conflict severability incorporation into the code and an effective date okay I'm open up to public comments at this time public comments is now open on 24-54 N3 anyone that would like to speak please approach the podium at this time being none public comments is now closed on item 24-54 93 Madam cler the refle has chosen to speak at this time this is my item along with Finance um and so I will just make a quick um quick introduction and then ask either Soul through the manager's office either either Soul or or Fernando to come up um I want to thank them for their support and and help on this so this is something I've been wanting to do for a very long time I actually when I was a councilwoman brought forward and I actually learned this through the good governance initiative hosted by Katie Sorenson which was taught by Dei wiin horn from Miami beach at the time who was the CFO and one of the things they taught us in that class was that it was important to have a repairs and replacement fund what is that and and finance is my background but government Finance I don't pretend to to to know and its dep so that's why I want Finance to explain it but um one of the important aspects of having this repairs and replacement fund is that it requires us to or it it allows us to put away money from our from our pot for future assets uh repairs so for example if the roof on this building was to go damaged instead of taking it from our general Reserve or a general fund we take it from the repairs and replacement fund some of our other assets like our Parks buildings if an AC goes B an elevator Sha those things it comes from this General Reserve so we established that fund back in 201 2016 I brought this forward after I did the good governance initiative we created it and luckily every every year we've been able to fund it a little bit however there should be a policy that requires us to put the money in there a percentage a small percentage so what this ordinance does is it creates a policy that requires us to put the money in this fund it's good government it's responsible government um so that future councils sitting here have a pot of funds that can be used to replace assets um that are deteriorating that have a lifespan and so this allows this policy will allow Finance to um create a a um an asset chart and a and a program a finance program that will schedule them and if there is a year let's say that we have a downturn that we don't have the funds to put it in we can bifurcate and and not put it in the budget but it will require a four fifths vote that way it stays a priority always um because it is it's really responsible for future cities uh councils only for that use only for that use it's only for that fund so that's what it is I would love Soul or Fernando to come up and explain more I think if I did I leave anything out no mayor um good evening mayor council members inim city manager Madam City attorney and City Clerk soleno Perez Finance director the capital asset Reserve fund policy establishes a minimum annual contribution and a minimum fund balance within the infrastructure replacement fund of the city's budget this policy supports proactive financial management and strengthens the community's fiscal Health the funds in the infrastructure replacement fund are to be used solely to address building hardening and security and to fund unscheduled and anticipated repairs and other operational issues relating to the city's properties the minimum annual funding and minimum Reserve also called fund balance sections of the policy follow gfoa government Finance Officers Association best practices for on strategies for establishing Capital asset renewal and replacement Reserve policies now while the policy sets forth a minimum annual contribution of 25% of the annual depreciation based on the city's building asset category reported on the most recently available annual comprehensive financial report the city as part of the capital Improvement element development process will continue funding and prioritizing each year to ensure that Capital facilities are sufficiently maintained and to avoid service disruptions staff respectfully request mayor and city council to approve the Kao Reserve policy thank you question thank you so appreciate it um I'll wrap up and then happy to open it to council so um again this was something that I had been working on for I think since I walked in I said I want to do I didn't get to do it as council member I want to make sure we do it um now because I think it's a good public policy moving forward and really sets guidelines for our aging assets so thank you for your consideration thank you vice mayor it's the way that's you're suggesting to fund it that's the normal way to do this type of um reserve it is guidelines it is a a minimum reserve of course while we do our fiveyear budgets we go through the process every year Public Works and finance will continue working together in making sure that we communicate assets that are in trouble um whether it be the roof and HVAC system and then we make sure that we have this money in the future so this is just a minimum the city could contribute contri more more but um we do meet the fund balance Reserve as it's written right now so the city is put away but by continuously communicating working as a team then we make sure that the future is secure I recently met with someone from a city that uh that has you know it's a small but it has some assets that have never been taking care of and one of the biggest problems they have right now is finding the money to repair them and to put them up to date and if we could do that every year and maintain our our few assets that we have it will be great I I I'm in full support of this thank you thank you vice mayor any other questions or comments at this time through the mayor yes Council poras so I I think during our agenda review you mentioned something about if we wanted to change it or change the policy you're requiring a fourths vote no a 4 fths vote would only be required if the council does not want to make a contribution on any specific year so in essence it would eliminate the contribution of that fiscal year or lower it so to change the contribution every year we would need a four fifth vote correct okay I mean that's something comfortable yeah that's something I'm not comfortable with um this is the first reading right why changing it from majority changing it from a majority to a four fifths meaning four out of five of us have to agree instead of a majority and of course that is the council's vision on whether it be the 4 fths or the majority that yeah I can address why that's that way that's the way I learned it in in in in in Miami Beach and it's to take the politics out of it because it's good public policy and so it doesn't allow it just makes it a little bit stricter to to decide not to fund it you know you really have to be in a financial situation as a city for four people to say we're not going to contribute towards this asset um balance so it's standard is it is standard I I I I literally brought the policy from what I learned okay okay all right it's standard right okay all right are you okay with it all right we're good so uh any other comments yeah the um the only thing that I I would like to see here within this policy that it's a little bit more in detail I know that us say that every five years we do the assessment and based on that then is that we're going to be able to fund the um the capital assessment Reserve no it's every year that's what I wanted to to to understand I just wanted to make sure because I know that inflation changes and so the convers ation really at the administration level of government should happen every year um we should be sitting down construction the fiveyear budget as we do and the building assets need to be a part of that conversation and us making sure that we're ready of course we can also use this funding for unanticipated events as well as the city's Reserve um that's not my question my question is that if uh the assessment on the buildings and the infrastructure um like you said the roof the paint anything aside from the um from the capital what is it that is called the um the the replacement fund um if it's how is it going to be assessed it's every year that you're going to be doing the assessment just to to see you know the year of existence within the infrastructure or is every two years every five years that's what I want to understand from my recommendation in the policy I'm putting annual um if there's any other specification I I would defer to Public Works to just make sure since they are the safekeepers of the assets um and we must plan for the future yeah no I know I know what it means because I was President for my HOA for nine years so I I have a fund in the reserve that it come for assessment and also for the fund for the the replacement so that's why I always have my Finance in order and like when we have a hurricane my community was one of the only ones that were able to be clean because of the reserve that we have for Hurricane emergency so that's why I wanted just to make sure and to have that um clarify how is it that we're going to assess that so we can have it here so we know for sure and the the other department Public Works and also you know exactly like okay this is how we're going to uh be able to do the assessment so then we will be be able to have the uh the capital of the uh uh of the funds already loc allocated within that part that will need to to be uh replaced because I know that it's not the same thing you know having the roof that maybe will last 14 years that you have 14 years to be able to acrw uh those fundings there that having pains that is like every seven years so I just wanted to make sure that also with Public Works we have an idea and it can be also established if it's going to be annually or every two years or every five years within as as the policy reads right now it's an annual process of construction the fiveyear budget within the five years okay and we will get a report I mean sure you will have a report then it depends on all the infrastructure that we have all the buildings that we have within the city that could be something that could be put forward okay perfect motion to approve there's a motion a motion to approve by vice mayor P corvey second by councilman Pino Madame cler please call the role motion to approve ordinance number 20241 on first reading made by vice mayor P corve seconded by councilman Pino vice mayor P corve yes councilman Pino yes councilwoman Cal yes councilwoman poras yes mayor FR yes motion passes all right thank you very much for your support we move on to the second readings second readings item D ordinance number 20241 year round landscape irrigation an ordinance of the mayor and the city council of the city of D Florida amending article 3 water of chapter 47 utilities of the city of D code of ordinances to provide for permanent year round landscape irrigation restrictions adopting conforming restrictions consisted with Florida Administrative Code provisions and section 32- 8.2 of the Miami day county code of ordinances providing for intent definitions enforcement penalties and alternative method of compliance repealing section 71-1 13 landscape irrigation restrictions of the city's code of ordinances providing for conflicts incorporation into the code severability and effective this was approved on first reading on January 10th okay thank you very much we're going to open up public comments for item 24-5 49 anyone would like to speak at this time please approach the podium Mr Pier Christ Pier Christ 10254 Northwest 5502 L 33178 I reiterate the comments that I did on the first reading I would like to know if those were incorporated or not and it has to do when there's failures that need to be repaired because frequently I have seen broken pipes in the D Park area or in private like the golf course that we have and those drink water for days and days because it's a weekend and whatever so on so if we putting strict measures measures to safeguard the water I'm I understand that some of those are controlled by interlocal or or agency or whatever it is but at least on the private property or the commercial properties I think that it was three days or something like that we need to try to make that strike because the water goes out by the minute not it doesn't stop flowing on the weekends thanks SC right but uh we also need to protect that to happen so I raised that comment on the public reading I not heard anything back about that and I don't know if he has been changed or considered so would appreciate if someone please comment on it thank you anyone else would like to speak at this time please approach the podium okay being none public comments is closed on item 24549 Madam clerk the rec no one else has chosen to speak at this time and now turn it over to City manager's office uh good evening uh for this item there's no change between first and second reading if there's any questions uh staff is uh available to respond okay I I don't know if anybody wants to address if there was any changes I regarding no there were no changes between first and second reading but to address the public comment there is a provision already existing um that it's unlawful for any user to cause let or permit allow or suffer the operation of any irrigation system or device in a wasteful or unnecessary manner so um again like if it is being wasteful there is a provision in which code enforcement can use to site the property owner thank you motion to approve motion to approve by by vice mayor pu corve I have a comment second by councilman Pino councilwoman gabal you have comments um to uh uh Mr estra director of co- compliance thank you so much for um taking my advice and reaching out to the county and clarifying how is it that they implement it if you can come if uh through the uh the manager if I can just ask so he can just um also U make the comments on why it was uh where I was asking on the last meeting why is it that the county doesn't enforce this why do we have to enforce it because at that time I know that you didn't have the uh the answer to my question so so thank you for being diligent and meeting with them sure uh my pleasure uh good evening mayor and councel Edgar Darda co- compliance director uh so just to touch upon uh some of your comments I did reach out to Miami day County uh directly to their code enforcement division within uh neighborhood resources and they did confirm that although they did amend their year- round irrigation ordinance in March 2023 at this time they are not actively enforcing it uh durm also does not be enforced this at the moment uh in addition the County ordinance does specifically state that incorporated areas such as dado it shall be enforced by the municipality unless we ask Miami day County to enforce it on our behalf and at that time I just wanted to make sure that we were not you know double effort with the county and also us at the same time placing much more work you know within your department uh the other thing is that um I wanted to ask if it's possible that we may send that notification to the HOAs and the home owners so they understand um this provision how this is going to be enforced so they actually take actions on the on the changes within the schedule uh like also um a pi also mentioned you know for them to make any repairments and all of that before we go out and start enforcing even though I know that you will give a warning first uh to educate the community but I think that it will be important to send a notification to R HOAs and homeowners absolutely uh and actually in the ordinance uh part of the penalties the first time that we encounter something uh per property it is a written uh warning so there's no penalties or monetary penalties that we would impose on a on a community we would educate them first that's great but uh we will also work with our public affairs department to get the word out through social media and to give sufficient time for the community commercial and residential to get ready for it thank you if I could add the department does a great uh job along with public affairs whenever these ordinances uh do impact whether it's residents or businesses to put that information out uh so it's definitely something we are planning on doing and if there anything else that you believe uh needs to be done in order to get the information out uh we welcome the the recommendations thank you thank you I have a quick question was the uh memo attached this changed at all no the memo was never changed from first reading right no I just want to make sure the memo says that on July 20th 2023 the city received correspondence from the district advising that the city may elect to adopt a city owned year round landscape irrigation ordinance equivalent two or more signific so we received corresponden from the county asking us to basically implement this right from the south Florida Water Management District from the south Florida Water Management District correct and the memo that's here from the last meeting wasn't wasn't updated correct correct so it always said stated that we receive that correspondence yes okay just clarifying thanks okay we have a motion on the table in a second please call the rooll motion to approve ordinance number 20241 on second reading made by vice mayor p corve and seconded by councilman Pino vice mayor PVE yes councilman Pino yes councilwoman Cal yes Council poras yes may frag yes motion passes great thank you very much we move on to item e item e ordinance number 20242 retail sales of dogs and cats and ordinance of the mayor and the city council of the city of D Florida amending chapter 3 animals of the city of D Cod of ordinances to create Article 4 requirements for sales of dogs and cats to provide for regulations governing the breeding of salale of dogs and cats and Licensing of candel breeders pet dealers Pet Care Centers and hobby breeders providing for enforcement penalties conflict severability incorporation into the code and an effective date this was approved on first reading on January 10th okay public comments is now open for item 24- 5411 anyone that would like to speak please approach the podium at this time okay being none public comments is now closed on item 24- 5411 Madam cler the rec reflect no one has chosen to speak at this time and we will turn this over to Code Compliance I know I brought this good nor is on this one the same no change between first and second reading so unless there's any qu if there's any question we'll def to approve second motion to approve by vice mayor PR cor second by councilwoman cabal Madam cler please call the RO motion to approve ordinance number 22 2402 on second reading made by Vice May corve second by councilwoman Cal Vice May corve yes councilwoman Cal councilwoman poras yes Council P yes may Fraga yes motion passes okay great we move on to item F item F ordinance number 20243 amending legal advertising and ordinance of the May on the city council of the city of D forward amending section 1-2 definitions and rules of construction section 2-71 notice of meeting section 2- 353 procedures section 1153 notices and section 38- 63 notification for street names of the city of D code of ordinances to provide for the definition of publication and eliminate the requirement for newspaper publication providing for conflict cability and Corporation to the code and un affected date this was approved on first reading on January 10th okay we will open up public comments for item 24- 5418 anyone that would like to speak please approach the podium at this time being no one public comments is now closed on item 24- 5418 Madam clerk at the record reflect no one has chosen to speak at this time and this is your item yes no changes between first and second reading um the mate county is still in the process of finalizing their ordinances so as soon as that'll happen our ordinance will be affected okay need a motion motion to approve motion to approve by councilwoman gabal second by Vice and by councilman Pino please call a rooll motion to approve ordinance number 20243 on second reading May by councilman cabal second by councilman Pino councilwoman cabal yes councilman Pino councilwoman poras VI mayor corve mayor FR yes motion passes okay item G item G ordinance number 20244 amending legal advertisement Land Development code an ordinance of the mayor and the city council of city of D Florida amending section 525 definition sections 53184 approval of development plan section 53-21 notification for public hearings section 53- 562 procedures for administrative determinations section 68-85 development standards and additional regulations section 77- 103 necessary information Section 8 3-20 encroachment on in or streets of the city of D Land Development code to provide for a definition for publication and to eliminate the requirement for newspaper publication providing for conflict cability incorporation into the code and an effective date this was approved on first reading on January 10th okay public comments is now open on item 24-5 433 anyone would like to speak to this item please approach the podium at this time being none public comments is now closed on item 24- 5433 mam clerk f one has chosen to speak at this time time and this is also your item correct no changes between first and second reading still pending the county to finalize the ordinance as soon as they do our ordinance will be effective motion to approve motion to approve by councilman Cal second by councilman Pino please call a vote motion to approve ordinance number 20244 on second reading made by councilwoman Cal seconded by councilman Pino councilwoman cabal yes councilman Pino yes councilwoman poras yes vice mayor P corve yes mayor Fraga yes motion passes okay last item item last item item H ordinance number 202 2405 ethics code of conduct an ordinance of the May in the city council of the city of dral Ford amending article 7 code of ethics chapter 2 of the city of deral code of ordinances to rename and renum divisions to create a division one specific to standards of conduct and a division two specific to code of ethics thereby delting the conduct being regulated and providing that the mate Commission on ethics has enforcement jurisdiction solely over division two the code of ethics renumbering the section pertaining to security screenings for visiting City Hall and creating a division three for set purpose providing for a repealer avilability incorporation into the code and an effective date this was approved on first reading on January 10th okay public comments is now open on item 245416 anyone would like to speak on this item please approach the podium at this time being none public comments is now closed on item 24-5 416 Madam cler th no one has chosen to speak at this time and now we will turn it over to our City attorney thank you uh there are no changes between first and second reading as you uh recall the mate Commission on ethics recommended these changes um to clearly delineate and reorganize that chapter to provide that they only have jurisdiction over the ethics matters and not standards of conduct okay thank you very much Madam motion to approve by councilwoman kab second that was a tie yeah second by councilman being Madam clerk please call the rooll motion to approve ordinance number 202 2405 on second reading made by Council cabal second by Council P Council Cal yes Council yes Council vice mayor cor mayor frag yes motion passes all right the honors all right please do motion to adjourn motion to adjourn this meeting Happy Valentine's Day second by councilman p on fav say hi hi meeting is adjourned