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HomeMy WebLinkAboutCC 2021-05-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * INCORPRRATED * 1808 � u 1 Meeting Minutes Thursday, May 27, 2021 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 27, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Watson Absent: Commissioner Reyes On the 27th day of May 2021, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Vice Chair Russell at 9:50 a.m., recessed at 1:35 p.m., reconvened at 4:29 p.m., recessed at 7:03 p.m., reconvened at 7:37 p.m., and adjourned at 10:40 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 12:10 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning. Thank you, everyone, again for your patience. Welcome to the May 27th, 2021, meeting of the City of Miami City Commission in these historic chambers. Procedures for the public comment will be explained by the city attorney shortly; procedures for the swearing in of the parties for the planning and zoning or quasi-judicial items will be explained by the city clerk. The members of the City Commission appearing before this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, your chair. Also appearing are City Manager Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. The meeting will be opened with a prayer by Commissioner Watson and the Pledge of Allegiance led by Commissioner Diaz de la Portilla. Please stand. Invocation and Pledge of Allegiance delivered. Vice Chair Russell: Thank you, you may be seated. PART A - NON -PLANNING AND ZONING ITEM(S) City of Miami Page 1 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 9062 PROTOCOL ITEM Honoree Presenter Protocol Item Winners of the Miami 125 Mayor Suarez Recognition What Miami Means to Me Art Contest City of Miami Police Officers Mayor Suarez Recognition City of Miami Police Officer Patrice Humbert Mayor Suarez Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and City Commissioners recognized and presented prizes to elementary, middle and high school student winners of the `Miami 125 What Miami Means to Me" art contest. 2) Mayor Suarez and City Commissioners presented Certificates of Merit to City of Miami Police Officers Tania Bauza, Alexander Cruz, Jonathan John and Patrick Poll in recognition of their excellent service; specifically, for responding to a citizen in distress who was standing and attempting to maintain his balance on the railing of the South Miami Avenue Bridge on May 1, 2021. The subject was successfully removed from the ledge and was later transported for medical treatment and observation. Elected officials expressed their confidence that these officers will continue to excel and serve the community to advance the quality of life in Miami. 3) Mayor Suarez and City Commissioners presented Certificates of Merit to City of Miami Police Officers Raul Arcia, Brian Betancourt, Jose Moreno and Raul Oliva in recognition of their excellent service; specifically, for responding to a citizen in distress who was attempting to jump from the South Miami Avenue Bridge on April 12, 2021. The subject was successfully removed from the ledge and was later transported for medical treatment and observation. Elected officials expressed their confidence that these officers will continue to excel and serve the community to advance the quality of life in Miami. 4) Mayor Suarez and City Commissioners presented a Certificate of Merit to City of Miami Police Officer Patrice Humbert in recognition of her excellent service. Officer Humbert was injured in the line of duty on May 30, 2020, when her unit was mobilized due to rumors of a protest that was taking place from the George Floyd incident. Officer Humbert was tasked with protecting the rear of the City of Miami Police Department Headquarters. While on the line she was struck by a brick on her right hand which required surgery and therapy before returning to work eight (8) months after her injury took place. Elected officials paused in their deliberations to recognize her bravery and service in protecting the residents and citizens of the City of Miami. Vice Chair Russell: But first, now that the mayor is here, we would like to take up the City of Miami Page 2 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 ORDER OF THE DAY protocol items. There are some people we'd like to congratulate for their great work in our community. And so we will pass the microphone to Mayor Francis Suarez. Good morning, sir. Presentations made. Vice Chair Russell: Alright. That concludes our protocol items for the day. Thank you -all for those of you who have been awarded and recognized. Vice Chair Russell: And we'd like to send our best wishes to Commissioner Manolo Reyes. He's in New York right now with family. He recently lost his sister to Alzheimer's. She was 96 years old, I believe. And so he can't be with us here today, but he sends his best. My mother was just diagnosed with Alzheimer's yesterday, actually, and my father also passed. It's a -- Commissioner Diaz de la Portilla: Wow. Vice Chair Russell: -- it's -- so, we're thinking of him, and we hope everything's well with him. So, Ms. Madam City Attorney, if you could read the procedures for the meeting, and Mr. Clerk, swearing in of the PZ (Planning and Zoning) items. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code, must register with the city clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. Any person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action, pursuant to Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online, 24 hours a day, at www.miamigov.com. Any person may be heard by the City Commission through the chair for not more than two minutes on any proposition before the City Commission, unless modified by the chair. Public comment will begin at approximately 9: 00 a.m. and remain open until the public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting their written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City administration throughout the day so the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the Chair closes public comment. Public comment may also be provided at City Hall at 3500 Pan American Drive subject to any and all City rules. Speakers who appear in person may be subject to screening for symptoms of COVID-19. Any persons exhibiting symptoms will not be permitted City of Miami Page 3 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 to enter City Hall. All interested parties are required to abide by state, county, and local emergency orders and are urged to practice social distancing. if the proposition being continued or rescheduled -- the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will he spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c), Florida Statutes. The public may be given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Commissioners have been generally briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting maybe you requested at the Office of Communications, reviewed online at www.miamigov.com. For PZ (Planning and Zoning) items, they shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code as temporarily modified, pursuant to Emergency Ordinance Numbers 13903 and 13914. Pursuant to these emergency orders, parties for any PZ items, including any applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervenor, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications, pursuant to Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will briefly present each item to be heard. For applications requiring approval, the applicant will present its application or request to City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentations shall be as set forth in Miami 21 and the City Code, providing the appellant shall present first. The appellant will present its appeal to City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise making devices. This meeting can be viewed live on Miami TV, the City's Facebookpage, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Vice Chair Russell: Thank you, Madam City Attorney. Good morning, Mr. Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for planning and zoning items and any quasi-judicial items on today's City Commission agenda will be as follows. The members of City staff or any other individuals required to be sworn in who are currently present in City Hall will be sworn in by me, the City Clerk, immediately after I've finished explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for planting and zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to City of Miami Page 4 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please e-mail a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the planning and zoning item and or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you will be providing testimony. Commissioners, are you comfortable with all the noticed provisions set forth in these uniform rules and procedures we have established for this meeting? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Yes. Commissioner Watson: Yes. Mr. Hannon: Chair, may Igo ahead and administer the oath? Vice Chair Russell: Yes, please. Mr. Hannon: Good morning, ladies and gentlemen. Good morning. If you will be speaking on any of today's planning and zoning items -- if you will you speaking on any of today's planning and zoning items, may I please have you stand and raise your right hand. Commissioner Diaz de la Portilla: Help us all. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. (COMMENTS MADE OFF RECORD) Mr. Hannon: Thank you, Chair. Vice Chair Russell: Thank you, Mr. Clerk. So just so you -all can measure your day out, I'm going to let you know how we hope to work through the agenda. So we always have public comment at the beginning of the day, and that's where everyone has two minutes to speak, each, on any item on the agenda. However, there are some items today where people will be seeking intervenor status, which will gain them a heightened ability, to interact with the City, as well as the applicant. And so we're going to take up the intervenor question first, before we take up public comment. So that if you are granted intervenors status, you'll know not to speak this morning on your two minutes, but rather when the item comes up and interact with attorneys, et cetera. However, if you're not granted intervenor status this morning, that would mean this is your time to speak when we open the public comment. So I just wanted to let you -all know that's what we'll be doing before we get into the business of the day and public comment. [Later...] Vice Chair Russell: We are now going to move to the business of the City. Coniniissioner Watson: All the art students hold one second. (UNINTELLIGIBLE) Barbara, can you have -- tell our (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Booker T., hold on a second, where is Booker T.? Arthur Noriega (City Manager): Booker T. City of Miami Page 5 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Did he leave the room? That's your high school too, right? Oh, St. Michael's. Vice Chair Russell: Morning, Mr. Manager, when you're ready, we'll move to the order of the day. Are there any items that the Administration would like to see deferred, continued, or withdrawn? Mr. Noriega: Good morning, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and or withdrawal the following items: RE.2 to be deferred to the June 10th meeting; RE.4 to be indefinitely deffrered; RE.7 to be deferred to the June 10th meeting; RE.11 to be deferred to the June 10th meeting; SR.2 to be deferred to the June 10th meeting; AC.1 to be withdrawn, and on the Planning and Zoning Agenda, PZ.1 to be withdrawn. Vice Chair Russell: Thank you, Mr. Manager. Commissioners, is there -- are there any other items you'd like to see? Commissioner Diaz de la Portilla: Well, hold on, not so fast. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: Thank you. There are some rather controversial items that you moved to defer this morning, correct? That we have -- we're going to have a conversation. And so the question for you, Mr. Chair is, one of your items which is Miami Marine Stadium item with the Rickenbacker, there's a conversation needs to be had about that. Do you want to put the genie back in that bottle or do you want to defer and have the conversation some other day? Vice Chair Russell: My preference under the request of Commissioner Reyes because he's gone for family emergency, that we wait to have the full discussion with him here. Otherwise, he'll miss out on when we talk about today and I'm sure he has an opinion so -- that why I figured we'd save it all instead of having a conversation twice but definitely the conversation needs to be had. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: It's a big one. Commissioner Diaz de la Portilla: Well -- well, I mean, we've had that conversation probably about a dozen times in the past, even before I got here, we are having a conversation, but you put it on the agenda, so my question to you is, why was it on the agenda? And why are we having the conversation we already agreed to go through a process of having a conversation with all marinas in the City of Miami versus one particular grant to one particular company? Vice Chair Russell: Got it. Commissioner Diaz de la Portilla: To me -- well, because you just can't in the morning defer items and create controversy for three days and conversation, and then all of a sudden defer an item because -- for whatever reason you were deferring, but you knew this was the case when it was first filed, right? Vice Chair Russell: Not at all. Commissioner Diaz de la Portilla: You didn't know if -- City of Miami Page 6 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Commissioner Reyes' request came late when he was planning to travel. So I'm honoring his request. I'm happy to talk about it, but 1 think we'll he talking about it again when he's here. Commissioner Diaz de la Portilla: But we talked about it I don't know how many times, right? We had a special meeting on it. So the question is, why would there be a proposal on the table that talks about, you know, one particular company getting one particular contract at 2.5 million when we had testimony before this commission on that special meeting that those marinas combined could generate over $6 million. So why was there -- why was that put on the agenda in the first place? Vice Chair Russell: Got it because 1 am very frustrated with our inability to issue a successful RFP (Request for Proposal) over six years, six years. I've been here. Commissioner Diaz de la Portilla: I wasn't here. Vice Chair Russell: And I'm telling you though, this item has come before us for over six years, and we do not have a winning bidder through a regular process to manage that marina for us. It is in need of redevelopment. We have environmental concerns. We have operational concerns -- Commissioner Diaz de la Portilla: So, tell me -- Vice Chair Russell: -- please let me continue -- Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE) -- Vice Chair Russell: Please let me continue. So you're asking me why I'm bringing this as an item? Because through this frustration, I want to see something happen. Something happened during my eight year tenure to show that, that we care for this marina and we're giving it direction and if we can't figure out through an RFP bidding process, I'm going to send it to the voters. But it's up to the will of this commission. This body may not agree with me at all and that's completely fine, but I'm trying to give it a chance to move forward. So that's why I brought the item. Commissioner Diaz de la Portilla: Well, if I may. Commissioner Watson: Go ahead, go ahead. Commissioner Diaz de la Portilla: Just to kind of not to lose my train of thought here. So if there is -- you're giving voters an option in your item, without going into details of the item, but we need to talk a little bit about it, right? You're giving them one option, not options. You're giving them $2.5 million a year, right? Even though we had a conversation three weeks ago about the potential, I think Mr. Barcena's here, the potential this area generating $6 million for or more for the City of Miami. So why is that the only option you came up with as the only alternative left to us after six years of frustration, your frustration took you to a place that basically leaves us where we're at. There's no language in that ballot language that you are asking about that talks about redevelopment. There's no investment requirement. So what's going to happen as we move forward in the conversation between now and November? We are facing a deadline, correct? You're frustrated because your time is running out and you're leaving, and you're termed out and your eight years. Okay, so what time -- when are we going to have a conversation? Vice Chair Russell: So as soon as Commissioner Reyes is back with us. We have a full dais. Everyone has an opinion -- City of Miami Page 7 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Didn't we have a special Commission meeting on this? Vice Chair Russell: Just a moment. Not on this ballot language. Commissioner Diaz de la Portilla: On Marinas? Vice Chair Russell: Not on this ballot language. Now, I'll answer your question though. You asked why on the value, et cetera, et cetera. We're getting into the merits of this subject. Right now, what I'm trying to do is just setting order of the day, whether you want to defer it or not, but I'll answer your question. There was a competitive process which yielded the maximum bidder. So we know the most that someone is willing to bid on that property. We've seen that through various iterations of an RFP, so that's my starting point. That's my base, the maximum bid we received is my base, butt want to leave it up to the Manager to be able to negotiate with the tenant to make sure the City gets the maximum value and once he's done that, to ask the voters if we should extend their lease or otherwise were without directions. Commissioner Diaz de la Portilla: So the question becomes to negotiate with the tenant who lost the bid, twice? Not fbr the Manager to negotiate the best deal for the City of Miami, but simply to negotiate with one particular vendor. That's what you're asking? Vice Chair Russell: 1 am asking that this existing tenant be given an option to the voters to extend their lease. The winning bidder in the first iteration before you were here, did not disclose that they had committed the greatest contamination in our waterways is in our City's history, yet they still won the bid. When we threw out that bid and asked for the scoring to be changed to make sure that's a factor, well, then they disclosed it, but they still won as the greatest contaminator of our bay in its history. That bid was thrown out as well. The only remaining bidder was the existing tenant who is there, who without an extension of lease, cannot invest in the property to bring it up to what it should be in yield the maximum results for the city. So that is my motivation for bringing this ballot language. This Commission may not agree and that's fine. The voters may not agree and that's fine, but that's why I'm saying let's ask them. That's it. But -- Commissioner Diaz de la Portilla: Now that you got into the merits or lack of merits of the proposal. Let me ask the City Manager a question. This existing tenant promised to voluntarily pay every month a certain amount of money. How much is that amount? Which you -- by the way, you should know at the top your head. Well, okay. Commissioner Watson: He has somebody that does. Anthony Barcena (Assistant Director, Department of Real Estate and Asset Management): Anthony Barcena. Vice Chair Russell: Good morning, Mr. Barcena. In just a moment. Mr. Barcena: Yes, sir. Vice Chair Russell: All I need to know from this body of three is how we're going to take this item up today -- Commissioner Diaz de la Portilla: No, no. City of Miami Page 8 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: No, no, please. Commissioner Diaz de la Portilla: No, no, no you talked about contamination -- Vice Chair Russell: No, no, no. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Now I'm asking. Vice Chair Russell: So now you are asking to work with administration on the various details -- Commissioner Diaz de la Portilla: No. I'm asking a question that I want an answer to, because you brought up an issue. So I want to talk about the issue. Vice Chair Russell: Mr. Barcena, you recognized. Commissioner Diaz de la Portilla: Thank you. Mr. Barcena: What was the question again, sir? Commissioner Diaz de la Portilla: The existing tenant -- Mr. Barcena: Yes, sir. Commissioner Diaz de la Portilla: -- is paying an amount on top of with the winning bidder, let's call him the winning bidder for lack of a better term -- Mr. Barcena: Correct. Commissioner Diaz de la Portilla: -- for now. The -- over $100,000, is it a month? Mr. Barcena: $100,000 supplemental rent a month. Commissioner Diaz de la Portilla: Okay. In supplemental revenue. And how -- are they up-to-date in those payments? Mr. Barcena: They are up to date on the rental but supplemental. Commissioner Diaz de la Portilla: That's not what I'm asking. You know I'm not asking about rental. You know what I'm asking. Mr. Barcena: In supplemental. No, they're not. Commissioner Diaz de la Portilla: Okay so how much in arrears are they? Mr. Barcena: In the arrears for supplemental I believe it's eight months. Commissioner Diaz de la Portilla: Eight months? Mr. Barcena: Correct. Commissioner Diaz de la Portilla: So 8 times 1 is $800, 000 -- almost a million dollars? Mr. Barcena: Correct. City of Miami Page 9 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: And why is that? Mr. Barcena: They just haven't been paying the supplemental. Commissioner Diaz de la Portilla: Do you guys invoice them? Mr. Barcena: Pardon? Commissioner Diaz de la Portilla: Do you guys invoice them? Mr. Barcena: There was a resolution that was passed in December that -- to pay the supplemental. It was a verbal, but 1 don't think there's anything on the contract leasing like on the -- in writing we haven't. Commissioner Diaz de la Portilla: But if this Commission expressed -- right, before I was here, expressed the ability to keep this tenant there and said we will keep that tenant here, but you've got to pay supplemental. He agreed to pay supplemental, it's not contractual in nature, but it's a good faith thing, right? But they're not paying? Mr. Barcena: They haven't been paying the supplement. Commissioner Diaz de la Portilla: Why? And what does the City do to collect those dollars? Because we had the same conversation about Jungle Island, remember, and we've had conversations about people not paying the City what they said they're going to pay the City. Remember the Jungle Island, the $11 million that they still owe us all and all that? So if we have an agreement, there's a good faith agreement on their part to pay us 100,000 a month and they haven't paid in eight months. Who in the City, I'm just curious, picks up the phone and say, hey, you owe us $800k? Mr. Barcena: The administration or you can direct us too, we can send -- invoice them if you'd like. Commissioner Watson: That was germane to that particular person because they were here looking for something at the time. Just for -- that person was looking for something at the time and so when they came forward, that is what we agreed that they should do and that you're correct. I don't think there was a directive across the board, but the fact that they came here, we wanted to make sure before we now gave them something else, they gave us what we needed. That was it. Commissioner Diaz de la Portilla: Well, I think what happened and let me correct me if I'm wrong, what happened was that there was a bidding process or there were two bidding processes or whatever over seven years before we got here -- Commissioner Watson: Right, right, right. Commissioner Diaz de la Portilla: -- right? And whatever happened happened. And they agreed when they lost to match what the -- for lack of a better term again, what the winning bidder agreed to do, and they agreed to pay a monthly supplement that - - that's -- that they agreed to do. My issue is very simple, it's not that complicated, if they agreed to do it, but they haven't done it -- Commissioner Watson: Okay. Commissioner Diaz de la Portilla: doesn't matter how it came about. Commissioner Watson: No problem. City of Miami Page 10 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Why haven't they done it? Mr. Barcena: They paid the first year and then -- Commissioner Diaz de la Portilla: No, no, no. Mr. Barcena: Okay. Commissioner Diaz de la Portilla: They owe us eight months. I'll tell you, we were going through a lot of rental assistance issues right now, and if 1 don't pay for eight months, they're going to evict me. Unless there's a kind of moratorium, right? So why haven't they paid the money they agreed to pay? Commissioner Watson: I just wanted -- Vice Chair Russell: You're recognized, Commissioner Watson. Commissioner Watson: Thank you. [Later...] Vice Chair Russell: In the spirit of congeniality and smiles. Commissioner Diaz de la Portilla: We're not deferring yet. We're going to finish this up real fast. Once 1-- once I finally get an answer to what? Mr. Barcena. Mr. Barcena: Yes -- yes, sir. So the -- Commissioner Diaz de la Portilla: Very simple. Mr. Barcena: So the supplemental rent that the resolution that was passed in December of 2018 was basically like a voluntary, payment of a supplemental. So $100,000 on top -- Commissioner Diaz de la Portilla: Right. Mr. Barcena: -- of its baseline. Commissioner Diaz de la Portilla: Right, which they are $800,000 behind. You said eight months. My understanding -- Mr. Barcena: They haven't -- they -- they stopped paying eight months ago after they were awarded the RFP (Request for Proposal) was to by -- basically thrown out. So - Commissioner Diaz de la Portilla: And did they give you notice they were going to -- to stop paying? Mr. Barcena: They -- yes, they --just stopped paying. Correct. But it -- it was again - - that was a -- a voluntary supplemental rent, the $100, 000 on top of its base. Commissioner Diaz de la Portilla: So, i[I may, Mr. Chair, so have you had conversations with the -- the tenant about giving you a check, giving the City of Miami a check? Mr. Barcena: For a 100,000? City of Miami Page 11 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: No. Mr. Barcena: Or for the -- Commissioner Diaz de la Portilla: For the eight months of that -- that they had originally back in December, agreed to do? Mr. Barcena: So to be clear -- Commissioner Diaz de la Portilla: Of 2018. Mr. Barcena: Yes, that's -- Commissioner Diaz de la Portilla: So that's three years. Mr. Barcena: So to be clear, he has been paying his current rent but the supplemental on top of the -- Commissioner Diaz de la Portilla: I know what supplemental means. Mr. Barcena: Correct. Commissioner Diaz de la Portilla: Yes, the question is very simple. Have you had a conversation with x tenant about paying the $800k? Mr. Barcena: I -- I -- I didn't personally. I -- Arthur Noriega (City Manager): I -- I have. Mr. Barcena: -- (UNINTELLIGIBLE) -- my staff has. Mr. Noriega: I have. Commissioner Diaz de la Portilla: You have, Mr. Manager? Mr. Noriega: Yes. Yes. Vice Chair Russell: You are recognized, Mr. Manager. Mr. Noriega: So when they -- when the RFP process concluded and they were not selected, they -- we had a conversation and they basically, you know, notified me in person that they were not -- no longer going to make that payment. Commissioner Diaz de la Portilla: So eight months ago they stopped making a payment. They notified you, City Manager, that they were not going to make that payment, and I found out about it last week. And so I think $800,000 is a lot of money, right? And nobody had a conversation with any commissioner. I don't know if you had a conversation with him, I don't know. No one has had a conversation about them not paying us anymore? And what kind ofgood-faith does that show from any vendor, from any -- anyone who does business with the City of Miami. They simply had a conversation with City Manager we're not going to pay you anymore because we didn't get what we wanted so we're not going to pay you. And no one has done anything as a result of that after that. And that wasn't even brought up at the special meeting that this commission called to talk about marinas. Specifically to talk about one issue, marinas, and you went through the whole presentation including that marina and you never mentioned that they owed us $800,000, City of Miami Page 12 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 supplemental. Agreed to, good faith, whatever, you know, it's not contractual. I get that, but it's kind of what you do when you're having conversations with people and say, we're going to do this in good faith and you take them out of their word, right? Why was that not brought up? Mr. Barcena: I believe it was clear in the presentation in 2019, and I think I made it clear -- Commissioner Diaz de la Portilla: I'm talking about -- 2019I wasn't here. Mr. Barcena: No, no -- Commissioner Diaz de la Portilla: Neither was Commissioner Watson. Mr. Barcena: I'm talking about the presentation at the special -- Commissioner Diaz de la Portilla: I'm talking about the special -- we called the special meeting -- Mr. Barcena: Correct. Commissioner Diaz de la Portilla: -- to discuss marinas. Mr. Barcena: Correct. Commissioner Diaz de la Portilla: So, this is -- this is a -- very quickly. We called the special meeting to talk about marinas. Commissioner Russell -- Chairman Russell comes up with a resolution out of the blue, he thinks is -- it's -- I understand the frustration by the way, I'm not questioning your judgment, I'm not questioning your motive. I do know that it's only one option you were giving people. So, to defer and have another conversation about something that you want on the ballot in November, you know, we have three meetings, something like that, left, right between now and then. So -- and Commissioner Reyes is not here, so I get that. But the next meeting, June loth, what's going to happen? What's going to happen? June meeting and then we're done, right? And we maybe have one in July that we can probably get it on the ballot. So the question becomes all this information that we need to have available to us, if we have a special meeting, to talk about marinas, I recommend, moving forward, that you tell this commission everything that this commission needs to know to make an intelligent decision, right? Mr. Barcena: Yes, sir. Commissioner Diaz de la Portilla: By the way. the supplemental they still owe us 800k and they are not paying, they walked away from the deal. They don't -- whatever it is. Otherwise, how can we make an intelligent decision other than having this public debate about it or conversation about it. And -- and we find out as we happen to ask particular questions. So I happen to ask a particular question today and I happened to get an answer, but had I not asked a question, would I ever have gotten the answer? Would I have ever heard that they owed us money? Mr. Barcena: Yes, sir. Commissioner Diaz de la Portilla: That's the purpose of a presentation. To tell us, these are all the cards. This is what's happening. And this is how you make a decision, based on information. But if you don't give us that information then we don't know. City of Miami Page 13 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Barcena: On the presentation 1--1-- I did put the supplemental rent in 2019. And I believe 1 did mention something similar. Commissioner Diaz de la Portilla: This is not -- I'm -- I'm not -- I'm not a commissioner who berates people. I'm not -- I'm not one of those. Mr. Barcena: Okay. Commissioner Diaz de la Portilla: I'm just being very specific with you. Mr. Barcena: You're correct. Commissioner Diaz de la Portilla: That you put it there. Yes, 1 -- because 1 read presentations. That you could have said very clearly to this commission, by the way, the supplemental they haven't paid. It would've been kind of important information for us to know, right? Mr. Barcena: Yes, sir. Commissioner Diaz de la Portilla: And you know that because you're smart enough to know that. Mr. Barcena: Noted. Commissioner Diaz de la Portilla: We're going to defer it, right? Or we're going to vote -- we're going to vote -- Vice Chair Russell: That's the goal. Commissioner Diaz de la Portilla: -- but there's a couple of other items we want to defer that didn't talk about too. But anyway, so -- so -- this one in particular, I just want to know where the Chairman is at. I can't have a conversation with you privately because ever since I got to the City Commission, we -- we have a Sunshine law here, which we didn't have in Tallahassee. We purposefully exempted ourselves for a reason. In the state legislature, right? We made sure that we can actually figure things out before we have to air it in public, but it is what it is. So we can only have this conversation in public. Right? Vice Chair Russell: Fair enough. Commissioner Diaz de la Portilla: So what's your intention moving forward since you represent this area? But you know again, we had again to debate about whether you have, you know, control of our waterways or whether the entire city commission has a say and what happens in those waterway, right? Vice Chair Russell: That's why I'm trying to give to control with the voters. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: But 1 understand that -- Commissioner Diaz de la Portilla: No, no, I know where you're coming from, to give you more of an option -- to give them more than one option. You are not here -- it's not the same thing. Hey, option A, option A and option A. You are not given any other option. I'd say, hey, pick between A, B, and C. That's -- that's -- those are your options. That's a mandate, you vote yes or no. City of Miami Page 14 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: It's a yes or no that's been vetted by us and the Manager, and if we don't feel it passes the test, it doesn't get to the voters. So, you know, 1 respect your position on this. I appreciate the deferral so Commissioner Reyes can weigh-in. And I -- I do hope to get it to the ballot, but well see how this body decides. Commissioner Diaz de la Portilla: But what's your intention as district commissioner. What's your thinking? Remember when I was first elected, and we had a huge debate about our city manager at the time. Vice Chair Russell: Sure. Commissioner Diaz de la Portilla: And you turned to me, and you said, well, you're the new commissioner here on the dais, what's your opinion? Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: So, I'm asking you, Chairman, what's your opinion on what we should do here? Vice Chair Russell: I want us to take care of this basin in the most environmentally way possible. I want the City to get the maximum return but without completely over commercializing the space. And so my hope is that we come up with -- and the Manager comes up with a negotiation that yields exactly that. The existing tenant, we've gone ups and downs with them over the years, lawsuits and settlements. But 1 believe they have been a responsible tenant. And so much like what we did with the Monty's Marina just a few years ago, this is very similar. We put it on the ballot to extend their lease. The voters said, yes, we now have a brand-new marina there with a Sushi restaurant and a Starbucks and a new Monty's -- Commissioner Diaz de la Portilla: Yeah, which they sold. Vice Chair Russell: Which they sold -- Commissioner Diaz de la Portilla: Sold five months ago? Vice Chair Russell: Yes. Success for them -- Commissioner Diaz de la Portilla: They sold our marina, our lease. Vice Chair Russell: Yes, and we received a transfer fee in the process so success for them -- Commissioner Diaz de la Portilla: How much? Vice Chair Russell.• 600 -- I'll leave it to DREAM (Department of Real Estate and Asset Management) to go through the real estate estimate. Commissioner Diaz de la Portilla: Well, I know the numbers. Vice Chair Russell: But -- but my, point is it's a success for them. It's a success for us and we have an operating brand-new marina for residents and tenants. I call it a win. And the voters got to decide. But we vet those choices up to the voters. And we spent six years vetting this property with multiple bidders. I see this is the only remaining option. If there are other options, well go that direction. But I do want to see something happen there, because the -- that basin is in chaos. Commissioner Diaz de la Portilla: Are you -- are you open to a specific commitment City of Miami Page 15 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 from whoever it is that they're actually going to develop the property -- Vice Chair Russell: Of course. Commissioner Diaz de la Portilla: So you 're -- let's say -- let's say we agree with your parameters not over development, but you know, restaurant here, something there, right? Is there any -- are you open to them actually being specific on how much money they going to invest in that property? Vice Chair Russell: Absolutely. Commissioner Diaz de la Portilla: Because they haven't done anything so far right? They haven't spent a penny there. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: I was there on Sunday. I almost got hit by a forklift that was moving a boat. It was total chaos by the way. Vice Chair Russell: It's true. Commissioner Diaz de la Portilla: This organization between the Rusty Pelican and the marina and the people across the street and everything else happening. No, There's -- there's no -- there is a -- I did ask the Manager for a -- a master plan, a Virginia Key master plan. A copy of something that came out with five years ago, was it, four years ago. 1 have yet to see any of that. I have yet to see what the vision is. Is there a master plan for that whole area? Vice Chair Russell: Absolutely. Commissioner Diaz de la Portilla: Okay. Well, -- well, what is it? Mr. Noriega: Dates -- it dates back to 2010. Commissioner Diaz de la Portilla: The first one, but there was a revision, right? Ms. Mendez: The first one was in like 2000 and there was -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mr. Noriega: The update is 2010. Ms. Mendez: Right. Commissioner Diaz de la Portilla: The -- so we have a master plan that's 11 years old? Mr. Noriega: Yeah Commissioner Diaz de la Portilla: So that's obsolete. Well, I paean, what do you think of -- City Manager? You think that something's 11 years old, how Miami has changed in 11 years? It's -- it's something that's doable now? Mr. Noriega: I think as a baseline plan is actually probably appropriate. Could it be updated or tweaked? Probably. But I -- but I mean, we can plan and evaluate and study this thing to death. At some point, I think we need to take action, whatever is the will of the Commission. But you said it, it's chaos there, right? There's a lot of City of Miami Page 16 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 unimproved city property there. From the marine station to the play park, to the ramp, to the basin, to the marina. I mean, there's -- there's a lot that still needs to be done there and we'd been stuck in quicksand for a decade, for all intents and purposes. So we'll execute whatever plan the Commission gives us direction to do. Commissioner Diaz de la Portilla: But that's my point, right? The Commission cannot execute anything without information. And what we-- and -- and if -- if we have a new commission, right? Obviously from 2010 everybody (UNINTELLIGIBLE), right? And two bids for that particular marina. Now -- now there's a City run marina next to it we want to give to them to them too. That's what your resolution included. It included an additional piece of the pie for them, right? You added something to it. Plus we have (UNINTELLIGIBLE) marine stadium in the 40 something million. What is it? $45 million, in the electrical and structural and everything we're doing there, right? And then we have the leases that are, you know, the sweetheart deals. So we have going on, on the right, on the left without being -- naming names. I'm not the naming names commissioner. We know that, right. So we have all these things going on that have been done the wrong way. As a matter of public policy, I think this commission needs to have all of the options before us, an updated master plan that says, we're going to do this with Miami Marine Stadium, that with Atlantico, that with the Rowing Club, that with the Rickenbacker, that with Miami -- all of them. Put it all together. What the heck -- the heck happens to the boat show who knows? Vice Chair Russell: They're gone. Commissioner Diaz de la Portilla: They'll come back, maybe not. We'll talk about it two years from now. I guess (UNINTELLIGIBLE) you'll be -- you'll be gone. You'll be in Congress. I think you're going to Congress, right? So -- so what happens? That -- that commission is, it's -- it's kind of like, you know, it's -- it's wash, rinse and repeat. Wash, rinse and repeat. Vice Chair Russell: The master plan is actually really' good. It's a great master plan Commissioner Diaz de la Portilla: Great. Great. So we are still going to amend it -- Vice Chair Russell: I don't want to start from scratch, I mean -- Commissioner Diaz de la Portilla: Well, okay, great. Then we take something as it is from 2010 like we did with Dinner Key back here where I'm going to remodel my parents' house and I'm going to put Formica top instead of granite or marble because Formica was in in the 1970s. So we're going to redo the same thing. We are going to take something that's old, that no longer works for Miami in 2021 and we're going to say, okay, that's a master plan we have in place that we developed in 2010, that we haven't had a debate and done nothing with it for 11 years. We as collectively as the city -- as the city, not we as a Commission. So if you think that 2010 plan, which I thought it was 2015 by the away. I'm surprised. I'm learning. So the 2010 plan you think is viable in 2020 in Miami -- in Miami in 2021? Vice Chair Russell: I do. Coniniissioner Diaz de la Portilla: Okay, good. Vice Chair Russell: Because it's been and let me answer, because it's not always that you need more and more. Some assets are meant to be enjoyed for their natural beauty and their ecological protections. So we -- we have a good plan there and it does contemplate a marina. It contemplates sporting fields. It contemplates protected City of Miami Page 17 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 areas. It contemplates, you know, passive sports and active sports -- Commissioner Diaz de la Portilla: So a decrepit -- a decrepit stadium that's been there -- Vice Chair Russell: Is part of the master plan. Commissioner Diaz de la Portilla: -- that's been there for 25 years like that. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: And no one's done anything about it. Vice Chair Russell: Not true. We have moved forward. We have moved forward -- Commissioner Diaz de la Portilla: How? Vice Chair Russell: -- on the Marine Stadium. Commissioner Diaz de la Portilla: No they (UNINTELLIGIBLE) -- Vice Chair Russell: Absolutely, they have already done the structural analysis. We're in RFP. We're working on an operator. We have design plans. Commissioner Diaz de la Portilla: I think I've been in government longer than you, but I'm not as jaded by government as you, how have we moved forward? If you drive by Miami Marine Stadium, or you drive by that property and you -- I agree that we have to have a balance between, you know, the environment and development and it's not all -- it's not all about money. I get that, it is a balance. But to have that -- area's clearly distressed, and nothing's happened there and you're termed out, right, in a year -and -a -half and nothing would've happened there and it's your district. And I'm not again, not blaming you. I'm just saying that what -- what can this commission do to stop thinking like the government and start thinking a little bit like the private sector. Vice Chair Russell: Well, we -- Commissioner Diaz de la Portilla: Hey, let's paint it up. Let's spruce it up. Let's do some changes. Let's have a real plan that works. Let's include everybody -- Vice Chair Russell: We -- Commissioner Diaz de la Portilla: -- let's look at all the leases. Let's reevaluate the leases and see if we're getting a good deal. Or we can jump from there and we can just, you know, look, we can leave it blank and we can put Watson Island or a Hyatt - - we can even put anything we want in the city of Miami. Vice Chair Russell: Master plans can take ten years to implement. Marine Stadium has certainly taken that long, but it is moving forward. I'm very proud of the progress. I just wish it was a lot of faster, but they are already doing the engineering assessments. We have an intention. We've identified funding. We're moving forward. What could be the wrong thing to do is to switch horses midstream and reassess that entire master plan, adding another two or three years to the discussion. Where we have a plan that says we have a marina, let's get it moving. So I appreciate the deferral. I'd like to table this now and continue with the -- the remainder of the order of the day and take a vote on that item. City of Miami Page 18 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Noriega: 1 have an additional item -- Commissioner Diaz de la Portilla: So, not to beat a dead horse or continue with your analogy, not to beat a dead horse, I don't know about switching horses in midstream, about ten years is a lot more than midstream. And just keep that in mind as we move forward, as we do our analysis of what Miami needs to do moving forward on any issue. We can't ever -- I don't ever want to hear, otherwise, I'm wasting my time on this commission, that hey, we had a plan ten years ago and now we have engineering study that's going to tell us we're going to do it because I'll be dead and so will you and so will -- and we'll be out of here, nothing would have happened. So, is something going to happen and the next year, the next two years, three years, four years or are we wasting our time having this conversation even this morning? Mr. Noriega: 1 guarantee you well bring a plan but let me give you a little bit of -- since we're talking about revisionist history. Commissioner Diaz de la Portilla: Yes. Mr. Noriega: If we had actually followed through an either one of those RFPs for Rickenbacker, that marina would be done and actually generating probably 2-3 years' worth of stabilized rent to the city. Commissioner Diaz de la Portilla: 1 agree. Mr. Noriega: So -- so ultimately, the administration can bring a plan forward. It takes the political will to get it to the finish line. So that -- that challenge, I will make the commitment that we will come forward with a plan, right. I'll fully brief you on the current status of the master plan, and where all the components lie because it's not just the waterfront, there's upland area, there's area within Virginia Key itself. Commissioner Diaz de la Portilla: Correct. Mr. Noriega: It's also -- Commissioner Diaz de la Portilla: And the outer basin and the inner basin. We're going to have -- we're going to have a complete in the sunshine conversation about this where all the conversations are had, right? Where we talk about leases, where we talk about everything that's happening and how we fix it for Miami's taxpayers. Mr. Noriega: That's entirely your discretion. Commissioner Diaz de la Portilla: But hold on -- Mr. Noriega: You decide whether you want to have it in the sunshine. By the way, that you -- if you give me direction, you want to have a meeting specific on that issue Commissioner Diaz de la Portilla: Absolutely. Mr. Noriega: - well present it, but I'm committing to you that I'll have -- that meeting with you one on one as well. I'll -- I'll present it to you one-on-one. I'm making that commitment as well. Commissioner Diaz de la Portilla: Okay, that works. I prefer to have a public meeting -- I prefer to have a public meeting. We're not going to call for any meeting now, don't worry. But I prefer to have a public meeting where we have a conversation about everything. We don't leave out what we don't want to talk about. City of Miami Page 19 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 We don't -- we don't skip this lease or that lease, right? We talk about everything. And then we say these are the options available to you. These are the things that -- we don't leave out that somebody owes us 800k. We don't leave out that somebody has a month -to -month lease on a particular restaurant. We don't leave any of it out. Full-blown conversation, open to the public, everybody can see it. And then we have a conversation, and we have to make a decision. But we don't have private conversations where I don't know that Commissioner Russell -- Chairman Russell is coming up with a proposal to grant them to one particular vendor, which is what happened today, right? Because that's what it is. Not to hand it, it's through a referendum but to not give the people a choice, just one choice. It's like the politburo, you get one candidate, you get one choice -- Commissioner Watson: Well, -- Commissioner Diaz de la Portilla: -- you vote on it. Yeah, well that's what's on the -- that's what I read. To grant a lease to a particular company that pays X number of dollars a year with X percent -- you know, 6 percent, of -- of retail, well, you know six percent -- I could've put 99 percent because 6 percent of nothing is nothing and 99 percent of nothing is nothing because there's no retail, right? There is no retail. Commissioner Watson: No, no, no, not now, you're right. But -- Commissioner Diaz de la Portilla: Yeah. Commissioner Watson: -- but let me -- let me -- let me just say this and give the Chair what he's trying to get in deference to our colleague who's not here because that happens during times, right? A couple of things. No, no -- look alright, the Marine Stadium and a duel -- gun duel 30 years ago, I say and none of us were here at that same Marine Stadium. The truth is, some things take too long, alright? And we're losing money, and the processes don't work. And so now we're here to look at the process to make it work. And if its that, deferral, and come back, and the lease, then so be -- you're right -- you're right, administration. You are right about this. People don't realize that you guys exempt yourselves up in Tallahassee. So they don't get a chance to see y'all going at each other behind closed doors. We don't have that opportunity. And so everything we do seems like we're a bunch of crazy guys and we're not. Now I trying to explain that to people, but they look at me glossy eyed, but they don't understand you -all exempt. And I know y'all be cussing at each other and all that other kind of stuff that they see us now, and you think, oh man, you guys -- Commissioner Diaz de la Portilla: We never cuss at each other, we're very nice to each other. Commissioner Watson: I know. So, I think that the one thing that we want to do is be expedient in trying to resolve this and get the most money for us, Coach. Commissioner Russell has been a great steward of our most valuable asset, our coastal line. However, just like road safety, water safety, there's a lot of people showing up in this town that only come here to party and be crazy. And so we have to take in consideration the people who have now been here and understand and respect the value of those assets and make sure we have the property (UNINTELLIGIBLE) you're absolutely correct. The manager wasn't here. We were not here, and these things continue to go on without resolution. So let's go forward, Chair. Vice Chair Russell: Thank you. Mr. Manager, do you have another item you'd like to add to the list? Mr. Noriega: Yeah, PZ.3 to be deferred to the July 24th meeting. City of Miami Page 20 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: When you -- Mr. Hannon: I'm sorry, Mr. Manager, did you say July 24th or July 22nd? Mr. Noriega: 22nd. Mr. Hannon: Understood. Mr. Noriega: 22nd, sorry, wrong date. Commissioner Diaz de la Portilla: Can we go through the list again? Vice Chair Russell: Thank you. Just a minute. is there anyone that'd like to add anymore before we go through the entire list? Commissioner Watson, any other items you'd like to see deferred? Commissioner Watson: That's a good point. I was trying to hear what he said -- right now ifyou can go back through, I don't have. Vice Chair Russell: Okay. We'll go through the list. Mr. Clerk, ifyou could read off the ones that have been -- Mr. Hannon: Yes, sir. RE.2 -- to be deferred to June loth, RE.2; to indefinitely defer, RE.4; to defer to June 10th, RE.7; to defer to June loth, RE.11; to defer to June loth, SR.2; to be withdrawn, AC.1; to be withdrawn, PZ.1; to defer to July 22nd, PZ. 3. Vice Chair Russell: Thank you, that's exactly what had. Is there a motion on that -- Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: -- order of the day? Moved by Commissioner Diaz de la Portilla, second by the Chair. Any further discussion? All in favor, say "aye?" The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very much. PUBLIC COMMENTS FOR ALL ITEM(S) 9140 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MAY 27, 2021 CITY COMMISSION MEETING. rRESULT: PRESENTED Vice Chair Russell: Let's move to public comment. So, what I'd like to do is recognize anyone who is here to speak on any item other than the Charles Avenue zoning application. Unless you do not intend to seek intervenors status. If you are just a member of the general public, not more greatly affected than anyone else, this would be your time to speak on that item as well. But ifyou are seeking intervenor status, I City of Miami Page 21 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 recommend you wait until Mr. Winker, if he's representing you, or yourself if not, to apply for that intervenor status. So for right now, anyone who is here to speak on any other item remaining on the agenda. So the idea is if something's been deferred, the best will be to bring that that issue up substantively when we take that item up. And then that way we're not repeating, and everyone comes again and says the same thing again when we do take the item up. Mr. Manager. Alright, so here's how we're going to work public comment. We're going to please share both lecterns. We have a hand sanitizer at each lectern. Clara can help disinfect. And that way we'll alternate lecterns. So after someone speaks, please let it be cleaned and then the next person can speak over here. You have two minutes. Please state your name, please state which item you're speaking on. And then you'll hear a buzz at about 30 seconds. That's your signal to wrap it up, so that we can keep moving along and everyone gets a fair two minutes. Good morning, Mr. Kurland. Nathan Kurland: Good morning, Commissioner. Vice Chair Russell: Let's hear your zinger of the day. Give it to us. Mr. Kurland: This is for Commissioner Watson. Nathan Kurland, Day Avenue, Coconut Grove. The three most difficult things to say. Number one, I was wrong. Number two, I need help, and number three, Worcestershire Sauce. Commissioner Watson: I would have started with number three. Mr. Kurland: Commissioners, 1 appear here today to invite you to the biggest room in the world, the room for improvement. Neighborhoods throughout Miami are under attack by developers, and we need your help. The fourth most difficult thing to say, seemingly in the country as well as here in Miami is let's compromise. A 36-story building is not in scale or character with the single-family homes of Bay Point, Magnolia Park, Brentwood, and Buena Vista East. 36 stories is not even in scale with the Design District. Instead of making plans that fit the rules, the developers want to change the rules to fit the plans. The only gateway here is the gateway to excess. The proposed 36-story building is in a T6 -- in a C6-12 [sic]. Twelve stories are by right for those of you who don't know, already too high for the upper east side. The city has already compromised on height by allowing the purchase, the purchase of bonus floors up to 20 stories. Please know that 12 stories could result in a building 179 feet tall. Twenty stories could be 291 feet tall. The 36-story building could be a whopping 525 feet tall. That's the height of a traditional 50-story building. The beauty of the Design District is it's low scale, mostly one or two-story buildings with a handful of five stories. Thirty-six stories would be seven to ten times taller. Seven to ten times taller. Not only is the proposal not in scale with the character with the surrounding area, it's legally required to be as it's legally required to be. It's not in scale and character with the rest of the Design District. Vice Chair Russell: Thank you, Mr. Kurland. Mr. Kurland: Finally, Commissioners, it's time to visit that room for improvement, please vote to compromise on PZ.8 and 9, thank you. Vice Chair Russell: 8 and 9. Noted. Thank you for your comments. Just a moment. If you could wait until, she's going to clean this one and alternate lecterns. Morning Mr. Gray, how were you? Ijamyn Gray: Morning, morning, morning, morning, Commissioner. Great rise kings and queens, thank youfor Father God for the breath of life to see another beautifid day. I just wanted to come up here and thank everyone, and especially the mayor, Commissioner Watson, Mr. Shiver and everybody for giving me this opportunity to City of Miami Page 22 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 come and be able to empower our youth. Vice Chair Russell: Mr. Gray, if you could state your name and the item you'd like to speak on. Mr. Gray: My name is Ijamyn Gray, sorry about that, and I'd like to start on -- speak on item PH4. Sorry about that. I represent Encouraging Dreamers, Breaking Barriers, and once again, I would just like to say, I thank each and every one of you all for this opportunity. I'm looking forward to bridging these gaps between the community and the city, and we looking forward to just being a vital thing to the community. So thank you all again, and I hope that you pass the item and let the item go by. Vice Chair Russell: Thank you, Mr. Gray. Madam City Attorney, that item, PH.4 is also a four -fifths item. Four fifths of the body or four -fifths of those present. Victoria Mendez (City Attorney): The time. I'm sorry -- Vice Chair Russell: No, no. This is PH.4. It's a bid waiver. Ms. Mendez: Of the body, four. Vice Chair Russell: Of the body. Ms. Mendez: Everything -- Vice Chair Russell: All the four -fifths we have today -- Ms. Mendez: Four. Vice Chair Russell: -- we roust have at least four commissioners here to vote on, correct? Ms. Mendez: Yes, Chair. Vice Chair Russell: Thank you. That's what I thought. Thank you, Mr. Gray. I understand Commissioner Carollo would be here relatively soon. It's my understanding. Good morning. How are you doing, Marlene? Marlene Erven: Good morning, Commissioners. My name is Marlene Erven. I live at 3066 Washington Street, resident of Coconut Grove for about 40 years. Regarding the Design District Special Area Plan amendments, PZ.8 and 9, I am strongly opposed to a 36-story building in that location. It is illegal to increase the height on the land because it is not contiguous or abutting the SAP (Special Area Plan). It is separated from the rest of the SAP by the railroad, which is private property. Therefore, it must comply with T6-12 transect under Miami 21, which does not allow height variances. A 36-story building is not in scale and character with the rest of the Design District, which is mostly one and two-story buildings. As Nathan told you previously, this would be a terrible precedent for 95 and would dramatically change the quality and nature of our precious Design District that attracts people from throughout south Florida. There are mostly single-family homes, and it would block -- be blocked by such a tower. Trafc is a nightmare at the location where this building is being proposed. I urge the City to lobby the State to buy properties on either side of Biscayne Boulevard for desperately needed on ramps to the expressway that would be in the best interest of the public. Commissioner Russell, I ask that you vote with the law and not be influenced by contributions you've received from the developers. One of the main reasons Miami 21 was conceived was to specifically prevent situations City of Miami Page 23 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 like this. Miami 21 promised us a form -based code, with a defined building envelope with a hard ceiling. This proposal violates the form of a form -based code. It goes against the whole reason we have Miami 21. We were told Miami 21 would end upzoning. They said it is not an upzoning that they want to add 16 floors. So it is a de facto upzoning of a form -based code. There's place for tall buildings, and that's downtown, not in this district. The Planning Department said the land south of I-95 could go up to 48 and 60 stories. That is insane. This not only should -- this high rise be rejected, the City should down zone that area. Miami is already hugely over zoned. We do not need any more gateway buildings. The city of Miami and its residents are facing a lot of sustainability issues. Let's look at improving the quality of our life over the quantity of mass development. Uncontrolled growth will come to haunt us all in the future. Thank you. Vice Chair Russell: Thank you for your comments. Morning Mr. Althabe. Andres Althabe: Good morning, Commissioners. Andres Althabe, 1900 North Bay Shore Drive. I'm here to talk about the changes to the Design District SAP. We have had several conversations for a long time with Craig Robins (phonetic). We think we understand each other. It's not that we agree completely on everything, but we all know that that intersection is a problem, traffic problem. We know that buildings are going to be built there on both sides of Biscayne. He understands that he is not asking for increasing the number of square feet that he, by right, can build. But he is asking for -- to be accommodated for more height. And 1-- in our discussions with him, I explained that, yeah, it may be a better project that what you can build by right, but that has a cost, and that cost is public benefits. You have to contribute to public benefits. There is when we disagreed, right? Because he probably benefits are being calculated at 3.5 million. Well, what we are requesting is that he needs to make his contribution like everybody else. And that contribution should be dedicated to traffic mitigation. That contribution should not be going to a general fund. It should be dedicated to that area. And if we get that -- well he's also -- he is contributing to some traffic mitigation. Well, with public benefit, the contribution to traffic mitigation would be exponentially better. Thanks. Vice Chair Russell: Thanks for your comments. Good morning, Mr. Fernandez. How are you doing? Marcelo Fernandez: Good morning. Marcelo Fernandez, 3936 Main Highway. I'm here as the chair of the Coconut Grove Village Council. We are a member of nine that are elected officials here and trying to liaison between the City and the residents. On the Charles Inn, we have had numerous meetings and amongst us nine, we've spent hundreds of hours in looking at this plan and talking to the City and the residents. And unfortunately, the main reason why it's even coming up here, it's the fault of the City. The City has not been keeping up their part of the plan where keeping Miami 21 zoning up to speed. When Miami 21 was completed over 15 years ago, your consultants told you that they didn't finish the plan. They need to come back and revisit some areas. One of those areas was NCD-2 (Neighborhood Conservation District) of the West Grove. There is -- it is -- many properties do not follow the gist and the intent of that. And this is a project that is perfectly in there. You have a T3-R which is single-family, low density, right next door to G1 and T5. That is not part of the plan. That should've been corrected years ago. Your -- your consultant asked you to come back and review that plan and get it done. After ten years, this zoning should be revised. Ten years passed, didn't get done. We brought the issue back up three or four years ago in trying to revise NCD. Again, it got shutdown by this -- by this committee. We should not be here right now. This development now is bringing part of that into compliance with Miami 21. And even though there may not have been -- not everyone's going to be happy on this, the developer has done everything they legally have to do to try to get this thing going. The biggest issue here is traffic. In City of Miami Page 24 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 2017, the Village Council started working with Public Works because this street, Evangelist Street, a historical street, needed traffic calming and being re -developed. The City must keep infrastructure in play in order to have these developments go forward. And now here you are, four, five years and they just try to do one street in as far as traffic calming thing, and it's not done. Now it's going to be put on the developer. The traffic must be attended to, because I know this developer is going to do well, and it's a good project for the community, but these 500 -- these residents 500 feet have all the right in the world. Their claims are correct, and traffic is an issue. And I can see what's going to happen. He's going to finish his project, and the City is still not going to do jack about this street. You must require that the City -- and don't put the burden on the City -- on the resident or the developer. The City must review and implement the reconstruction efforts Public Works started in 2018, and get it done before this project is finished. Vice Chair Russell: Mr. Fernandez -- Mr. Fernandez: That's already passed. Vice Chair Russell: -- what is the resolution -- what is the position of the Village Council? Mr. Fernandez: We passed two resolutions. We passed an approval for this project with conditions. Some of those conditions have been met, and the developer has proffered some those conditions in their covenant. And right after that, we also passed resolution for the city, endorsing the city to continue and finish their Charles Avenue construction project. We passed those resolutions back in end of '18 and still here we are here today in 2021. Vice Chair Russell: Excellent. And you're absolutely right about Miami 21. It is unfinished. And so I hope the Village Council's involved in the new -- the Village West affordable housing blueprint exercise that the Planning Department is taking up now. So it is a complete look at zoning, instead of looking as one applicant, after one applicant applies to us, we're going to look at the comprehensive view of the neighborhood to see what is appropriate and how we should go forward, so -- Mr. Fernandez: Also, I know that you've put together a board to review that Miami 21 plan right now. Unfortunately, that board has -- is not filled with any residents and it's filled with, you know, attorneys from -- zoning attorneys -- we have to take a look at that before it goes forward. We are going to be bringing it back in smaller pieces. We think our mistake was we went to broad and brought too many things, but if this is going to be brought back. And if this foundation of the plan was corrected, if the plan was corrected, you wouldn't have these issues. And it really affects the market, because people -- the neighboring property right now is marketing their property, which is T3-O, as a development site for multi family. So it confuses the market. It creates all this work and if we had a foundation plan of Miami 21 corrected and updated quickly, we would avoid a lot of these issues right now. Vice Chair Russell: Thank you. Bottom line, Village Council in support of the project and in support of the City continuing and finalizing the street improvements. Mr. Fernandez: Absolutely. Vice Chair Russell: Thank you. Mr. Fernandez: Thank you. Vice Chair Russell: Good morning, sir. City of Miami Page 25 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Tim Grey: Good morning. Good morning. My name is Tim Grey. 1 live at 3900 Charles Terrace. 1 am here to support PZ.6 and 7. 1 am a fact -guarantee witness that the developer hires within the community. I have been with them for 17 years on the first development. And we, for 17 years, have been hired within West Grove. Now, I understand the thing about traffic, and things of that sort, but I'm here to give witness and fact that this project will bring jobs to my community. All of West Grove, all of Coconut Grove, not just a certain point of area, everyone in Coconut Grove. So I am a witness to this developer hire within the community. Thank you. Vice Chair Russell: Thank you jbr your comments. Good morning. Mike Lingle: Hi, good morning. My name is Mike Lingle. I live at 498 Northeast 55th Terrace in Morningside. I've lived there for three years. Good morning, commissioners. Regarding the Design District special area plan, PZ.8 and PZ.9, I'm here to strongly oppose a 36-story building. As someone just mentioned, it is illegal to increase the height on that land because it is separated from the rest of the SAP by the railroad, which is private property. So it is not contiguous or rebutting the SAP. Therefore, it must comply with the T6-12 transect under Miami 21, which does not allow height variances. Here's a fair and reasonable compromise. Let the developers have the many other benefits agreed to at the end of the first reading, but keep the maximum building heights as they are, not 36 stories, only 20, which already includes an eight -story compromised bonus and is already way too high. Thirty-six stories would be out -of -scale and character with the surrounding area. There -- these are mostly single family homes and two-story apartment buildings in the T4 and T5 zones to the east, and single-family homes in Magnolia Park, Bay Point, Brentwood, and Buena Vista East. I live in one of those. Thirty-six stories is not even in scale and character with the rest of the Design District, which is mostly one and two-story buildings with a few five -story buildings. And this would be a terrible precedent north of I-95, and unfortunately, these exceptions get used to create further exceptions down the road. So this is not just about this one building. Traffic is a particular concern of mine. It's horrible there. It's horrible at that intersection on 36 with the Denny's, the on -ramp to 1-95. This will make it worse. It will not get any better until there're expressway on -ramps from southbound Biscayne Boulevard without having to make a left turn. Rather than allow a 36-story building, it would be great if the State would buy the properties -- get the State to buy the properties on either side of Biscayne Boulevard there for on -ramps. This would be best for the public welfare. I deal with that intersection all the time. I know that these developers make big contributions to the campaigns, but we as citizens also make big contributions. So you may not see a big contribution from one of us, but all of us in the area do contribute and I encourage you to take that into consideration as well. Vice Chair Russell: Thank you. Just a quick question for you, because this is -- clearly people are repeating specific things that have been -- have been stated, that -- so if there's no increase in density, and no increase in intensity, square footage -- so if there's no density increase, no more units or people or -- would be living there, how does that affect traffic? Mr. Lingle: It creates -- well, first adding people creates more traffic. Vice Chair Russell: But if you're not adding people, because there's no additional units -- Mr. Lingle: I understand that the density doesn't increase. The way it does is in the future, by allowing this 36-story building, it creates precedent. So already this building is looking at Aqua to say, okay, there are already higher buildings. So every time we make an exception, we allow, for higher and higher buildings in the, future. City of Miami Page 26 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 And that is what is eventually going to create the problem. Also, this is creating an opportunity to have a conversation about how do we fix that intersection with the Denny's? If we're going to be adding more buildings of even 20 stories in the future, can we take this moment to talk about on -ramps and do what actually needs to be done for that intersection so that we could prepare for the buildings that are coming. Vice Chair Russell: Understood. So you're saying that the -- Mr. Lingle: That's my concern. Vice Chair Russell: -- the domino effect of it -- Mr. Lingle: Correct. Vice Chair Russell: -- could invite other taller buildings which would be more dense, which would because more people, which cause more traffic? Mr. Lingle: And that intersection is already a problem. Vice Chair Russell: Okay. I understand your point. Thank you. Mr. Lingle: Thank you. Vice Chair Russell: And Mr. Garcia, I don't need to take it up now, but 1-- I please remind me when we take this item up, there's been a few mentions of illegality with regard to an SAP crossing a railroad track. So 1 would like to address that within the code and the law whether or not an SAP -- because my understanding is that the SAP does cross the railroad track and always had. But I want to get a clarification from you on that. Mr. Garcia: Yes, sir. Vice Chair Russell: Thank you. Good morning, Mr. Torres. James Torres: Good morning. Good morning, Commissioners. My name is James Torres and I'm the president of the Downtown Neighborhood Alliance, just want to be clear for the record that I'm here representing the DNA. We are also thankful on two items that were deferred today. So I want to say congratulations to both of you on that. Let me get that number. When I mentioned the word Marina, we're just going to hold off, okay? So the DNA's position on RE.2, 9090 and SR.2, 8727. The 9090 as it relates to the Marina, we appreciate that that's being deferred and have further conversation and other bids as well. SR.2, 8727, the position of the DNA is also, thankful, for that, this is going to be deferred and have, further conversations. We would ask Commissioner Ken Russell if we can have a seat at the table to have that conversation as it does affect Downtown Miami and other high-rises throughout the city as well. Thank you for that and also inviting you on June 2nd, to the Bayfront Park, for the ice cream with a cop and the scooter initiative, the safety and education piece. You guys are more than welcome to be there. Vice Chair Russell: Thank you, Mr. Torres. Mr. Torres: Thank you, guys. Vice Chair Russell: Have a good day. Good morning. Carol Davis Henley: Good morning, Commissioners. City of Miami Page 27 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: You're very welcome. Ms. Henley: My name is Carol Davis Henley. I'm the granddaughter, of E. W. F. Stirrup. Pin at 3277 Charles Avenue, which means my house is right next to the development. And this is something that I had been looking forward to, because first of all, I want to see that Bahamian architecture back in Coconut Grove, which is totally disappearing. And in terms of the traffic, they -- it -- the tragic can be minimized. And I live -- my grandfather's house was right across the street, which meant I went there every day after school. I was there when the playhouse was open and that would have had far more traffic, and it was not an issue. But more importantly, when I look at that map, I know that there are residents that are listed within 500 feet that should not be on that map because some of them said they signed the petition based on incorrect information, and you will hear that. They have -- they now want to get their names off of that petition. It is a good thing. It's something that the family thinks will help reserve -- preserve the Bahamian heritage of Coconut Grove. Not to make money or anything like that, because we are losing it. And I've been fighting it on every front, trying to preserve that history with Vizcaya and other organizations. The person from the church in Odd Fellows Hall, was supposed to be here today, could not be here due to personal problems. But she spoke at the last meeting, and she's across the street diagonally. And as you heard before, she is also for the project. Thank you. Vice Chair Russell: Thank you for your comments. Good morning, Mr. Phanord. Bernard Phanord: Good morning, everyone. I'm Bernard Phanord, 3655 Grand Avenue. I'm here on behalf of Apostle, Dr. John Chambers, president of the Coconut Grove Ministerial Alliance, and Believers of Authority Ministries. I'm here to speak in advocacy and in favor for PZ. 6 and PZ.7, the Charles Avenue Project. We support the development efforts of the Homegrown Grovites through which much needed community benefits will be proffered, which include but are not limited to, funding to assist repairs and improvements for vulnerable homeowners and tenants, overall, home preservation, job creation, employment opportunities resulting from the construction of the project, as well as the much -needed traffic mitigation, which you have heard previously. So again, Believers of Authority Ministries, Coconut Grove Ministerial Alliance and Apostle Chambers, we encourage the commission to proceed with the approving of these items for the good of the community. Thank you. Vice Chair Russell: Mr. Phanord, one question. The two entities you mentioned, both Believers of Authority and Ministerial Alliance, are they receiving any financial contribution from the applicant, from the developer in exchange for this zoning? Mr. Phanord: No. No. Vice Chair Russell: Thank you. Good morning, Mr. Cruz. Elvis Cruz: Good morning, Commissioner. Just waiting for the -- there it is. Commissioner, I have been granted extra time from Cecilia Kurland. So, I just wanted you to be aware of that in case Igo a little over. She's given me her two minutes. Vice Chair Russell: Good morning, Cecilia. Good to see you. Glad you're well. Mr. Clerk, if you could put four minutes in the clock, please. Mr. Cruz: Have I lost quorum? Vice Chair Russell: We don't need a quorum for public comment and the audio is pumped right into the bathroom so everyone can hear. City of Miami Page 28 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Cruz: It wasn't working there earlier, hut I'll go ahead. So, good morning, Commissioners? Commissioner Watson: It's working there now. Mr. Cruz: Thank you. Good morning, Commissioners. Good morning, Commissioners. Elvis Cruz, 631 Northeast 57th Street. For PZ.8 and 9, the proposed 36-story building is indeed illegal because the properties east of the railroad are separated from the rest of the special area plan by the railroad, which is a private property, not a street or alley. Therefore, those lots cannot be part of the SAP and must comply with a T6-12 transect under Miami 21, which does not allow height variances. Here's a fair and reasonable -- Vice Chair Russell: Could you pause the time for one second, Todd? Mr. Cruz: Yeah. Vice Chair Russell: Because I know you have a lot of things to go through, so I just had a question for you about that statement and that's what I asked the Planning Director to address later. Are you saying that when the SAP was created, it was created illegally, because the SAP does span across private property? Or are you saying this current application is illegal, because the amendment of the SAP spans across private property? Mr. Cruz: The SAP was created in increments as other properties were added. 1 don't believe these two properties were part of the initial SAP, but I'm not sure. However, whether or not they were part of the initial SAP, they're not part of it because they're separated. Moreover, there is enough acreage to the west of the railway road tracks. So there is an SAP there, but these two properties are out of balance so to speak. Vice Chair Russell: So your assertion is when they were added to the SAP, that was an illegal move, is what your assertion is? Mr. Cruz: Correct. That was the -- Vice Chair Russell: Thank you very much. You can restart the time. Thank you. Commissioner Watson: But hold -- don't restart the time, because -- Vice Chair Russell: You have a question? Commissioner Watson: Well, we get -- we get-- I hate the word -- to use the word liberal, but we get real -- kind of throwing darts at everybody involved in the process, because no one up here -- the unfortunate irony of change is that sometimes you participate, sometimes you watch it. Most have to endure it, right? And I think to say it's illegal because that now's the second time, we need to at some point have an opinion that allows us to determine whether or not it's illegal, because if it's illegal, then there's no basis for discussion at all. You see what I'm saying? And, of course, I know a lot of people was promised things, and on all of this, you know, hoopla that this Miami 21 was supposed to be so great, has not been reviewed or revised, it causes us a lot of problems relative to what we have to decide. I know we're waiting for a report in August, but, you know, everybody would holler and scream if we stop any sort of zoning matters until that was done. So I think that to say that it's illegal needs to have a fair hearing relative to our counsel. Because if it is, then we -- what are we talking about this for? You understand? Because that's been the second time you heard that, and I've heard that on a number of occasions already. I don't know that it is. It's not a private property, it's a public right of way. City of Miami Page 29 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Would you like to ask for clarification on that now, or you want to wait until the item? Because we can -- Commissioner Watson: I'il wait. I'll wait. Vice Chair Russell: It's been brought up quite a few times already. Commissioner Watson: Yeah. Vice Chair Russell: You're right, and so it's setting a record that this -- Commissioner Watson: (UNINTELLIGIBLE). Vice Chair Russell: -- action today -- this potential action today is illegal but I've -- what I've ascertained from Mr. Cruz though, is that what was done was illegal is what you're saving, because it crossed a railroad track. We will get -- when we get into the quasi-judicial item itself we will definitely take that up. But your point is well -noted, Commissioner Watson. We'll restart the clock. Thank you. Mr. Cruz: So here's a fair and reasonable compromise. Let the developers have all those other benefits agreed to at first reading but keep the building height capped at 20 stories. Not 36 stories, only 20, which already includes an eight -story compromise bonus and is already way too high. 36 stories is illegally not in scale and character with the nearby single-family homes of Magnolia Park, Bay Point, Brentwood and Buena Vista East. It's not even in scale and character with the rest of the Design District and the beauty of the Design District. And it's a wonderful place. The beauty of it is, it is low scale. The planning department looks south across the dividing line of I-195 to recommend this. They discounted a one to three stories scale and character of the surrounding area. Bay Point is closer to the property than the Blue Condo, which is south of the interstate, but they didn't speak about Bay Point, and how this would tower over that single-family neighborhood. This would be a horrible precedent north of 1-195. This property should be down zoned, not increased in height. Commissioner Watson, I was at your town hall meeting on Monday, and you said that you had not heard from Bay Point. In my hand is a petition signed by 36 Bay Point residents, which I'll be handing out after I speak. There's a lot of opposition to this in Bay Point, but many of them work for a living and were not able to be here today. Traffic there is horrible because southbound Biscayne has no on ramps. To do the right thing, get the State to buy the land on either side of Biscayne for expressway on ramps. This is the only major arterial in the city that does not have on ramps from both directions. Ken Russell received $10,000 in campaign contributions from this developer. That's not right. Why would a developer give $10,000 to a commissioner who will be voting on his project? The public will no longer silently swallow while commissioners make decisions in favor of developers who gave them thousands of dollars in campaign contributions. Please do the right thing. Please move for a fair and reasonable compromise. Let them have the other benefits agreed to at first reading but keep the building height capped at 20 stories. Not 36, only 20, which is already way too high. At this time, I'd like to ask everyone in the room who is opposed to this 36-story building to stand and be recognized or raise your hand. Thank you everyone for corning out and taking time away from your day. In closing, I have on my sheet, to ask of the Chair, ifI may ask the City Attorney, specifically, are those two properties east of the railroad separated from the rest of the SAP by private property and therefore, not eligible to be in the SAP, and therefore, must comply with Miami 21 rules or a T6-12 transect. Vice Chair Russell: Thank you. Mr. Cruz, you and I -- you and I have had a good, respectful relationship for the last seven years, I would say. City of Miami Page 30 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Cruz: 1 agree. Vice Chair Russell: I -- I enjoy robust discussion with you on things we may agree on and some things we may disagree on. The techniques you're deploying here to gain support, I noticed in posts, in the Grove you're showing pictures of a Gable's building of super high height, and then the Grovites come in, and these accusations of illegality are very -- very strong. Mr. Cruz: And they're correct. Vice Chair Russell: Okay. And that's up for debate. And that's what we're going to get into. And I'm not going to ask the city attorney to address that at this moment, when the item comes up, we'll definitely get into that. Because nothing up here that is going to take place will be legal [sicj, whether it's voted up, voted down, compromised or whatever. But that is your technique to gain support. And same thing with attacking me personally, that -- it's going a little beyond, because I think my reputation proceeds me with regard to items. Now this item has gained a lot of attraction for the height that it's being proposed -- that's being proposed right? But that's also masking whether or not there's going to be additional intensity and density. So by saying that there's going to be additional traffic, that's implying there's going to be more people going in there to live or work. But there's no additional units, no additional square - foot. So really, it's just a change in shape. So the opposition here is to one of height, which is respectable. It's a respectable opposition. But we're going to get into whether or not, one, is it a legal for an SAP to cross private property, and two, whether it is illegal to grant height if this is in line with transitional zoning that allows for incremental heights, because that's what the code requires, right? So, of course you don't want giant next to tiny, right? That's the way the code's written. But -- but I'd really ask that we keep our debates healthy and respectful to the item and not the character of the people. Mr. Cruz: Commissioner, I strongly disagree that 1 have attacked you personally. All I have done is mentioned facts. The concept of you being -- of me calling out your having received $10,000 in campaign contributions -- Vice Chair Russell: That's not what I'm talking about. Mr. Cruz: -- but -- Vice Chair Russell: I'm talking about when you write that there's deception going on, implying me. When you say that I've gone -- come back to the lights side, and these types of things, is it -- Mr. Cruz: Yes. I -- Vice Chair Russell: These are character attacks. Mr. Cruz: I stand -- I stand by that comment. If you would like to have a line -by-line reading of my e-mail in a public forum, I would welcome that. And I say it at the microphone, sir, to your face. You used to be great. We remember when you first ran, and you said so many wonderful things and you spoke against candidates being influenced by developer money. Please come back to who you were. You have greatness in you. Don't let the water fountain here -- don't drink from the Kool-Aid at City Hall. Become who you were. Vice Chair Russell: Again, Elvis, I wouldn't do the same to you. Because I've certainly learned more about you and your techniques of getting support for you -- the items City of Miami Page 31 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 you want passed and the way you want them, and I don't think they are very above hoard either. And so 1-- please, I've listened to you. Butt still respect your time, and 1 don't attack your character. Mr. Cruz: I have not attacked yours. Vice Chair Russell: You have. Mr. Cruz: No. Vice Chair Russell: But that is your right to speak in any way you want at your public time. But 1-- that's just my ask of you, as a friend who has -- and you may think I've changed, but 1-- I'm still me. And I have been. And I've always been in favor of healthy development. And what I've learned about you is you will go to the mat if you don't get your way, and you will rally the troops to attack whoever is opposed to, or in a different opinion. Whether that's about trees or shorelines or building height. I respect you, Elvis, and I just wish we maintain the mutual respect. Mr. Cruz: I hope we do. Please know -- correct me if I'm wrong, I asked you three times for meeting on this issue, and I got no response. I would love to meet with you afterwards. We're wasting a lot of time talking about -- Vice Chair Russell: We're not wasting anytime. Mr. Cruz: Okay. Vice Chair Russell: This is the -- this is -- but because you don't get a meeting, that does not validate a personal attack. So -- Mr. Cruz: It was not a personal attack. We disagree on that, I understand. Vice Chair Russell: Fair enough. We're going to move on. Thank you, Elvis. I appreciate. Mr. Cruz: Thank you. I'm waiting for the -- will the question be answered that I've -- Vice Chair Russell: It'll be answered at the item. And trust me, I've already noted that question because I would love to hear the answer to it as well. Mr. Cruz: Thank you, sir. Vice Chair Russell: And I will vote based on what I learn on the legality or illegality of that item. Thank you. Mr. Cruz: And I appreciate that very much. Thank you, sir. Vice Chair Russell: Good morning, Pastor Robinson. Nathaniel Robinson: Good morning. Reverend Nathaniel Robinson the Third, senior pastor of British St. Paul African Methodist Episcopal Church, and the chair of the Board of GRACE, Grove Rights and Community Equity. I want to start by saying that, on items PZ.6 and 7, GRACE will continue to offer support for the passing of those items. When GRACE was initially organized, one of the many reasons we were organized, is because the voice of the community was underrepresented as it relates to development in West Coconut Grove. One of our goals was to seek to amplify the voice of members of the community. And so I say that and, follow that with, GRACE fully supports any member of the community or organization in the community's right City of Miami Page 32 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 to voice their opinions and concerns. We are in full support of that, because that is a part of GRACE's mission. 1 want to go further to say that the -- GRACE's position has definitely been misrepresented lately in the newspaper and on social media. And we want to speak to some of the things that GRACE has done rather than some of the things that GRACE has not done. On February 25th of 2020, GRACE held a town hall meeting at St. James Baptist Church, where all members of the community were invited. Commissioner Russell, I believe you attended, and members of the community who live in -- who are requesting intervenor status also participated in that meeting. We gave out -- we let everybody in the community know that we were developing -- we were negotiating community benefits agreements, and we again made our information available for anyone to contact us and to participate. Additionally, at the 11 th hour when GRACE was contacted by members of our community who had some additional concerns, GRACE delayed the execution of the community benefits agreement that we had made with the developer, to add their concerns to our CBA (Community Benefits Agreement). And so GRACE, we just wanted it to be known here today, that if GRACE's name comes up and may -- if -- it could be potentially misrepresented, it will be available, if you would allow us to make comment in in response to what GRACE has done. Vice Chair Russell: Yes. Thank you. Mr. Robinson: Thankyou. Vice Chair Russell: And Pastor Robinson, I believe 1 know the answer; but I'd like to ask the same question because this has been -- this has been an assertion that has been -- has the GRACE organization or will the GRACE organization receive any direct funding based on this rezoning? Mr. Robinson: No. Vice Chair Russell: Thankyou. Good morning, sir. John Calkins: Alright. My, name is John Calkins. I live at 431 Northeast 51st Street in Miami. I'm here to speak against the proposal to increase the building height to 36 stories. The area is zoned for 12 stories. It is currently approved or initially approved for 20 stories. And now they want to -- the developer wants to raise it to 36 stories. That's a three fold increase. That's three fold what the area is developed -- is zoned for. From 12 to 36. So what I say, is 20 is plenty and nix 36. And I don't understand -- I know that there are reasonable people who sit at these commissioner seats and there is a real dilemma here. I know that it doesn't make sense to increase the size of that building from the point of view of the citizens of this community who live in the houses and in the surrounding area. It's totally ridiculous. And any thinking person could understand that. So what's the elephant in the room. here? Why is it that this gets serious, serious consideration, and may very well pass this commission? Well, the answer is obvious, it's money. And it's money that is given in the form of cash to campaigns. That is the only reason that commissioners would seriously consider this proposal. It makes no sense for the community. It makes no sense for the neighborhood. If you want to know why people distrust their public officials, here is a wonderful example. So what I say is 20 is plenty, nix 36. Vice Chair Russell: Thank you for your comments. Commissioner Watson: Excuse me, sir. May I ask you a question, right quick? Mr. Calkins: Me? Commissioner Watson: Yes. City of Miami Page 33 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Calkins: Yes. Commissioner Watson: Where do you live? Mr. Calkins: 431 Northeast 51 st Street. Commissioner Watson: 431 Northeast 51st Street. Mr. Calkins: It's in Morningside. Commissioner Watson: Yes. You have about 15 blocks away from this development, right? Mr. Calkins: I live several blocks away, yeah. Commissioner Watson: And it affects you how? Mr. Calkins: It's too high. Of course, it's too high. Commissioner Watson: And it blocks you? Mr. Calkins: And it's -- and it's -- it keeps corning north. All these huge buildings. 1 thought that I-195 was supposed to be the barrier. Commissioner Watson: And how long -- Mr. Calkins: And this is on the other side. This is jumping it. Commissioner Watson: How long have you been living there? Mr. Calkins: I've lived there for 44 years. Commissioner Watson: And you say you thought 1-95 was supposed to be the barrier. Based on what? Mr. Calkins: I'm sorry. Commissioner Watson: Whv did you thinkl-95 was the barrier? Mr. Calkins: I-195? Commissioner Watson: Yeah. Why did you think that was a barrier? Mr. Calkins: Well, because that's what I was told was the barrier. Commissioner Watson: You was told by whom? They -- who -- Mr. Calkins: I -- Commissioner Watson: I mean who were you told -- Mr. Calkins: I've heard it many times. I don't remember who told me. Commissioner Watson: You've heard it many times -- Mr. Calkins: Yes City of Miami Page 34 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: -- but you don't know who told you that? Mr. Calkins: Well, wait, what's your point here? I'm -- Commissioner Watson: I'm asking you a question. You're saying, somebody got cash, or we get cash and all these things. And I'm just trying to understand when people are making these unfounded claims -- Mr. Calkins: Unfounded? Commissioner Watson: -- where they're coming from. Mr. Calkins: What is -- Commissioner Watson: So I'm just -- Mr. Calkins: -- unfounded about the claim that it's ridiculous to put up a 30 story -- 36-story building in that area? What's unfounded about that claim? Commissioner Watson: Okay. Vice Chair Russell: Thank you. And, sir -- Mr. Calkins: Well, I'm told that Miami 21 promised that there would be no building of that height north ofI-195. Vice Chair Russell: And I would love to address that when the item comes up, but the Planning Zoning Appeals Board voted overwhelmingly in favor of this item, including my representative on that board that 1 appoint, who is a staunch protector of single- family neighborhoods. Mr. Calkins: Voted overwhelming for what? Vice Chair Russell: In favor of this project. Mr. Calkins: For 36 floors? 36 floors? Vice Chair Russell: The application as it stands, none of them have campaigns, none of them receive contributions. This is an appointed body of the City that analvses these things. So the accusation, it's just a little tough, but you're very welcome to that opinion, but the Planning Zoning Appeals Board including appointees that would normally be very -- because I think what's being conflated here is height with density and intensity. If no intent -- no change to the number of units or the square footage, it's just about the shape of the building, and whether or not it's in context. And I really look forward to bringing that up with staff as to whether or not -- because you may be right. You may be right. Nothing should be allowed north of 1-195 at a certain height. We're going to analyze that, but I really appreciate your comments. Thank you. Good morning, Linda, how were you? Linda Williams: Good afternoon, Commissioners. I'm Linda Williams, my primary address is 3523 Charles Avenue, butt temporarily live at 3517 Hibiscus Street. I'm here while I speak or represent a number of boards in our community, I'm speaking as a long-term resident. On regarding PZ. 6, it's desired of the purposes to amend -- become a low density restricted commercial project. This project represents future growth. I5n in favor of it. The West Grove community is largely in favor of it. Patrons will visit this site. They won't just walk up and down Charles Avenue. They will City of Miami Page 35 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 primarily go out to Main Highway, visit those restaurants, shopping centers, and even into Center Grove. This project offers culinary training, hospitality training, and jobs, unlike the major hotels in our area are not doing, at least not to my knowledge. This project will become a destination for visitors locally and out-of-town, offering a Bahamian experience. We have Taco Bell, we have Chinese food, Asian food, you name it. We don't have anything representing the culture here by the Bahamian influence. Hopefully, this project will spur small business into primary Village West. PZ.7, the purpose meets the design guidelines ofNCD-2, while most other developments do not. May I defer to two minutes. Vice Chair Russell: How much more do you have? Is somebody -- Ms. Williams: A minute. Vice Chair Russell: I'm sorry. Ms. Williams: A minute. Vice Chair Russell: Go ahead. Ms. Williams: Most calls that I've received reflect on the traffic. The traffic can be resolved. That issue can be and will be. It falls primarily not to the developer or the owners, it falls primarily to Code enforcement. That's largely the core problem of a lot of issues in Village West, code enforcement has not been enforced. This project is supported largely, and the landlords or landowners are not responsible as they've been requested to build affordable housing. That's a slap in the face, really, to tell an owner what they should or should not build. Affordable housing is a responsibility of our city, our county, and our state according to the Affordable Fair Housing Act of 1968. Again, I support this project, and I think it will make a big grand difference in our community, known as Village West. Thank you. Vice Chair Russell: Thank you, Linda. Good morning, sir. Houston Marshall: Good morning. My name is Houston Marshall, I'm here to speak onPZ.6and7. Vice Chair Russell: You get just a little closer to the mic, please. Mr. Marshall: PZ.6 and 7. Vice Chair Russell: Thank you. Mr. Marshall: Oh okay. It is better. I live at 3278 Thomas Avenue, which is in the borders of the 500 feet of the project, the hotel. I've been a resident here in Coconut Grove for over 70 years. My sister lives at 3220 Thomas Avenue, she has a house there. And we both are in support of this project. What happened was, there were individuals, couple of weeks ago, in our community, in West Grove, and they were going door-to-door trying to, in search of signatures on a petition. And they gave all the gloom of building the hotel, but none of the atraments that would happen because of the hotel. So we also signed, but we're here today to -- want to rescind that signature, if possible, by being a part of that -- not wanting the project in the Grove. What happened was, they gave a false representation of the traffic situation that would be created. The safety of the residents was also misrepresented. So I'm here today to be in favor of that particular project. I know members of the Stirrup family, they have always been and looked upon as good neighbors. Looking forward to doing things within the community that would benefit the community. I thank you. City of Miami Page 36 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Thank you. Good morning. Ashley Snow: Good morning. I'm Ashley Snow, and I'm here representing Rebuilding Together Miami -Dade, and I'm also a resident, and I reside on 3555 William Avenue, here in Village West. Tin here to speak in support of PZ.6 and 7. In full transparency since it has been asked, Rebuilding Together will receive $150, 000 from a community benefits agreement that will be used to repair existing naturally occurring affordable homes here in our neighborhood. We have a strong presence here. We've been working here for a couple of years; our office is on Grand Avenue. We're very committed. If anybody has any questions about our plans and how we plan to use the money, 1 invite them to come in, e-mail me, call me, anyway. But as a resident, I want to comment, I want to speak. I moved to Miami eight years ago. 1 have a lot of people that come in from the Seattle area, and one of the things that Hove about the city is the multicultural diversity. And when I have people that come in from out-of:town, one of the first places they want to go to is Little Havana. People love Little Havana because it celebrates a culture in our community. Bahamians do not have that same celebration. They deserve that. We are celebrating 125 years in this city. We would not be here without the Bahamian pioneers. That's a fact. I mean, it's just the truth, and we don't have that -- those same things here in this community, celebrating Bahamian culture. This is a step in that direction. It is wrong that there are no Bahamian restaurants, and there's no food. The architecture no longer reflects those things. We're seeing these white boxes all over popping up. This is something that the community supports. It's something that's important because the community is more than just homes, it is a thriving community image and pride in our history. Thank you. Vice Chair Russell: Thank you very much. Good morning, sir. Rick Holton: Good morning. I'm Dr. Rick Holton, and I reside at 3350 Hibiscus Street, and next door, 3521 Florida Avenue. I've been at that same location for 69 years, Commissioners. And I'm going to speak from a different perspective. I've heard everybody, talk. But I'm talking now as a resident. They say if you are a native, that means that you were born there. You were born there. And I was born at that location. And as I look, and as we talk and we discuss, I hear the name Stirrup. I'm here to support the project. The Stirrups have been a pillar in our community, and what that says to my grandchildren and my neighbors is that if you cannot support something that has the name of Stirrup, you ought to be ashamed of yourself You need to get up and get out. Because what that tells me, Commissioner, is we can't support that, then I know we can't support anything else from a Gibson or a Holton, or Lennar or anybody else. So when we talk about supporting this, I think it's a good thing. I spent 15 years as the president and the chairman of the Coconut Grove Local Development Corporation, tasked with the responsibility of doing exactly what they are trying to do. I was a member of the first, the first village council, and they support this. So I say to you, and I say to them, we need this, we need this. If you can't support it, shame on you. It'll never happen in my lifetime. So you have an opportunity, Commissioners, everybody, that hears me, you have an opportunity to put your signature on this project. Don't let it escape. If I can vote right now, I'd suggest that we'd go ahead and call for a vote, and it will be in favor. Now you asked a question, Commissioner, to a couple of people, what are they getting from this? What are they going to get from this? And they say nothing, but I'm going to tell you, I'm going to get something from this, and is called legacy. It's called pride. It's called community, sustainability, jobs. Let's do the right thing. Thank you for your time. Thank you. Vice Chair Russell: Thank you for your comments. Good morning. Carolyn Curry: Good morning. Fiery act to come behind. My name is Carolyn Curry. I live at 3070 Hibiscus Street. I've been here all my life, and I am in -- I'm speaking today because I'm in support a PZ.6 and 7. I've seen a lot of development in the City of Miami Page 37 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Grove. But it's so refreshing to see development from a family that's been here, 1 guess, maybe since the beginning of Miami. It is so refreshing to see that type of development, and is something like Rick said, Dr. Holton, you can pass it onto my kids, it's something that we can do with our property to think outside of the box. So in conclusion, I hope that the commissioners see fit to support and pass this development. Thank you. Vice Chair Russell: Thank you for your comments. Good morning, sir. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: Good morning, Doctor. Freddie Young: 1 hope that you will give me the opportunity to speak for myself in addition to the NAACP (National Association for the Advancement of Colored People). I'm Dr. Freddie Young, Gillum (phonetic) Young, formerly, and born at 3767 Percival Avenue. So I'm here, passionately, in support of this. You received this letter from the NAACP. Now you have met with us. This is not the first time the NAACP has been involved with situations in Coconut Grove. So we didn't just come up today on this issue, right, Commissioner? You've -- we have been here before. So I'm speaking to you on behalf of the president, fbrmer senator, Dwight Bullard and Carol Donaldson, who happens to be the chairperson of the housing committee for the NAACP. We are involved in all aspects of living in our community. 1 head and chair the education committee. We're involved with things with our children, in the school board. So, NAACP plays the big role in every aspect of our lives in fighting for civil rights and equity. The letter is extensive, but 1 would just say that the South Dade Branch of NAACP, who used to be part of the Miami -Dade Branch; we represent from Flagler all the way south as the South Dade Chapter. We are here in support of this project. And we've supported along with many black residents and homeowners in West Grove and the Caribbean inspired Stirrup Development Avenue, Grove Inn. The West Grove community proud roots date back to 1800 's when Bahamian settlers immigrated to this area in search ofjobs. You may recall that it was the City of Miami annexation of neighborhoods in 1925 that changed the dynamics as de facto housing segregation ensued. In the nearly 100 years since that time, the neighborhoods have been borne in disproportionate gentrification induced displacement of some of the members of the community, and I'm one of those people who were displaced. The HUD (Housing and Urban Development) took the whole block of 3767 Percival Avenue, and those of you from old where -- which you call it certain areas on that block. So now it becomes low-income housing, and we had to move because we could not find housing in the Grove. And we ended up moving to South Miami, butt continued to be involved, and I wanted to validate who I am. When I came back after being involved with civil rights in New York and I worked for CORE, the Congress of Racially Equality, with James Foreman, and I was at the 1st march in Washington with CORE. So I've been involved with civil rights a long time. When I got back to Miami because my mother had a serious car accident and I had to move back home, Father Gibson got me involved in the community, and I was appointed through Father Gibson on the first Community Action Agency Board. At that time we elected Ike Withers (phonetic) who was the first chair of the Community Action Agency. Vice Chair Russell: Doctor. Ms. Young: And I -- just one more minute. And what I want to say, I was the first -- on that board as the first chairperson and -- no as the first person representing Coconut Grove on the Community Action Agency. I had to leave that agency as the president because I had to be moved out and we moved in South Miami and I could no longer serve as a leader of that -- of the community action agency, but I am still involved and concerned about the community and this job, this building would bring jobs and City of Miami Page 38 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 opportunities and I'm working with -- Vice Chair Russell: Thank you. Ms. Young: -- trying to make it happen. So I'm passionate about this. We need this in the community and I -- we support it. NAACP and I support it. Vice Chair Russell: Thank you for your comments. Applause. Vice Chair Russell: Good morning -- please hold your applause. Good morning, Mr. De la Paz. Guillermo de la Paz: Good morning. I want to thank you for being on time today, Commissioner. I was prepared to talk about other things, and someone caught my attention with the word shame. I'm not ashamed to the opposed to this particular development. And if we were going to use that word, I think someone should feel shame, it will be the Stirrup family to rent the name to developers. The Stirrups are not developers. They have partners in this. We don't talk about the partners. We don't talk about the trajectory of those partners. We don't talk about the amount of zoning code violations cited by the City and that property. We should -- and I'm going to use the word shame, we should be ashamed that we have the president of the Coconut Grove Village Council talking about a resolution, when we as a resident didn't have the time to vote or comment on it. We should be ashamed to have an association, Hoda (phonetic) Association, the West Grove, that if you happen to be a Latin, Cuban, you're treated like you should not talk in those meeting. We have members of this Stirrup family, were you present telling me ifI don't look like them my opinion should not be taught. I have been told because Cubans, politicians, Nelson Mandela was not able to come to Miami in the world tour. There is a lot of races on the Coconut Grove. There is a lot of people who no accept people come into the community and their label drug dealers because they live in new homes, and they put a lot of labels behind. I can deal with that, I'm a grown-up guy. The -- my point here is, if you're going to use the name of the company, of the person, of a legacy of someone, make sure that we know everything that is behind and what is the end goal of that renting of the name because at the end of the day, if you look at the Stirrup property and you check at the city records, you will look into a lot of violations, a lot of them. In fact, last week, the Garbage Department was there citing the property for having mountains of garbage in front of them. The situation is so bad that there is a camera from the Garbage Department in front of the Stirrup property. And it's a shame that someone rent their name and their legacy for someone else to make money. Thank you. Vice Chair Russell: Mr. De la Paz? Mr. De la Paz: Yeah. By the way, there's nothing here about jobs. People on the West Grove, they don't care about jobs. People in the West Grove. They don't care about their community. They had let it go that community. The only business -- the only prosper of business in Coconut Grove is in 37 and Grand Avenue where they are selling the drugs. Vice Chair Russell: Wow, Mr. De la Paz. Mr. De la Paz: So if so -- Vice Chair Russell: Mr. De la Paz. City of Miami Page 39 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. De la Paz: Yes. Vice Chair Russell: I would like to ask you a question. You live on Charles Avenue. You're a member of that community, you are a neighbor in that community. Mr. De la Paz: I live there. I'm not a member because I haven't been able to be part of Vice Chair Russell: Okay, you don't feel that your -- Mr. De la Paz: No, no, I -- let me rephrase that. When 1 moved to the community, I looked for the local association which is called Hoda. I pay my $25 and I become a member, but 1 have been told in that meeting -- Vice Chair Russell: You mentioned that, that you don't feel welcome there, that you don't Pei free to speak. But my question -- my question is this -- my question is germane to the application, because you live on that street? Mr. De la Paz: Yes. Vice Chair Russell: And that is within a Neighborhood Conservation District NCD-2, which has vernacular protections for the Bahamian style of architecture. You live on Charles Avenue, which is designated as a historic street, which has further protections and intentions for the Bahamian vernacular. And 1-- and I'm not saying this to attack you because your development is legal. What you did is legal, so 1 will not subscribe -- Mr. De la Paz: Sorry, could you rephrase that? Vice Chair Russell: Okay. Where I'm going is that you own the most modern home on that street. Mr. De la Paz: No, no, the part that you said legal. Vice Chair Russell: Is legal. Mr. De la Paz: Is legal. Vice Chair Russell: My understanding of how when you built your house and went through the permitting process, it is completely legal -- Mr. De la Paz: Okay. Vice Chair Russell. • -- for you to have built a modern home. Mr. De la Paz: And what that have to do with the hotel at my corner? Vice Chair Russell: And I'm going to get there. I'm going to get there. Commissioner Watson: What has to do. Vice Chair Russell: Here's what it has to do. Because what we're seeing here's a struggle of culture. Mr. De la Paz: Yeah. Vice Chair Russell: A struggle of a history. City of Miami Page 40 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. De la Paz: No. That is racist. Vice Chair Russell: You have your characterization of it, and you've been very vocal about your opinions on the neighborhood. Mr. De la Paz: Yes. Vice Chair Russell: But the fact that you were able to build a modern home on a historic street in a protected neighborhood for the vernacular of Bahamian design paeans that there is a flaw in the code. Because what the code says is should honor the Bahamian, intention to show the vernacular. But throughout a warrant process or the Urban Design Review Board, you're able to get permission Jromodern. Now, what -- ifthe intention for this area is to respect and try to continue that vernacular, what's in the code is not protecting us and what can be built as of right on those six properties to be exactly like your home as of right, by legal ability and so with this -- Mr. De la Paz: Commissioner -- Vice Chair Russell: Please let me finish. In this application -- Mr. De la Paz: Yes. Vice Chair Russell: -- because they know that the code would allow them to do modern development, they are offering a covenant where they will commit to the Bahamian style architecture to try to preserve that culture. And so I think that's a nuance that's been lost here and I'm not demonizing your property. Although many people feel that we should be trying to honor your legal ability to create modern architecture on a historic street means that we have a flaw in the code. And so that's something I'm like -- I'm -- I've asked the Planning Department to look into as an amendment to the code. Mr. De la Paz: But that's not what we're discussing here. Vice Chair Russell: Well, where you went was a completely different direction, but what I'm here to discuss is this application. Mr. De la Paz: Okay. Can I ask you a question? Vice Chair Russell: Yes. Mr. De la Paz: You as a resident or wherever you leave, do you -- will approve a 63- unit hotel at your block? Vice Chair Russell: If it's allowed within the code and goes through a legal process, this is what we're looking at. Mr. De la Paz: Well, that's what they are asking -- Vice Chair Russell: Yes. Mr. De la Paz: -- because the code -- the land that they require is zoning single family. Vice Chair Russell: Yes. Mr. De la Paz: And that is treating -- there is not commercial. There's single family City of Miami Page 41 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 homes. Vice Chair Russell: Right, and they're seeking support with -- for a change to that zoning Mr. De la Paz: Who is they? Vice Chair Russell: -- through -- the family and the development group that is working on that. Mr. De la Paz: Let's talk about the developers. Vice Chair Russell: Wait, I'm not here to have a debate back -and --forth with you. Mr. De la Paz: Okay, okay. Vice Chair Russell: They're seeking that and trying to earn as much support from the community as possible. Now clearly, they're not finding support within many that directly abut. But I don't see this as a race issue so much as an impact and traffic and neighborly issue and you are very close as well. So I would like to try to take the personal attacks out of this. Mr. De la Paz: Oh you did when you mentioned my house, Commissioner. Vice Chair Russell: I actually mentioned your house in a very respectful way. Mr. De la Paz: No, you did not. Vice Chair Russell: To clarify that you went through a legal process to achieve what you did, and I respect that. What you did is not wrong by the law, okay? So, I'm not attacking your character. But what you said here today is very attacking of the neighborhood and I got to assume it's toward the goal of your opposition to the project, which is your prerogative. But my retort was to bring up the -- what we'll go there. But for -- Mr. De la Paz: Yeah. Vice Chair Russell: -- this change and this commitment to the Bahamian vernacular. But I -- your opposition is well noted, and I thank you your comments. Commissioner Carollo: Chair. Vice Chair Russell: Yes. You are recognized, Commissioner. Commissioner Carollo: Can I ask the gentleman a question and make a statement? Vice Chair Russell .• Yes. Commissioner Carollo: Sir. How long have you been living -- Mr. De la Paz: Sorry, I can't hear you, sir. Commissioner Carollo: How long have you been living where you are living at now? Mr. De la Paz: How long? I should be -- I have been living there, for about six years. Commissioner Carollo: Okay. So you are what we call a transplant, someone that City of Miami Page 42 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 came from -- Mr. De la Paz: A what? Commissioner Carollo: A transplant. You're not from the area. You're not from the neighborhood. Mr. De la Paz: Yeah. Commissioner Carollo: You're from another area that moved there and to -- on top of that, be as blunt with you as I can. Mr. De la Paz: I'm sorry, sir. I can't hear you. Commissioner Carollo: I want to be as blunt with you as I can. Thank God we live in America, and everyone has a right to express their opinion no matter how wrong or right it is. This is the America, and you are allowed to do that. But since I've sat up here, the first time at the tender age of 24 and in those years we ran citywide. Vice Chair Russell: I was seven then by the way. Just saying. Commissioner Carollo: 1 can tell you that your statements are so far off -- Commissioner Watson: So far. Commissioner Carollo: -- the wall. The community that lives their cares about their neighborhood. You could go and drive by there by most of the single-family homes and being poor doesn't mean that you don't care. The vast majority of those homes are being taken care of rightly. People care about their homes; they love their community. This is why when we had an opening one time when I was mayor, a person that 1 went brought by the hand and -- Mr. De la Paz: Can I ask you for something? Commissioner Carollo: Hold on. Mr. De la Paz: I have to go -- I have to go to work. Commissioner Carollo: You've spoken enough. Commissioner Watson: Yeah. Commissioner Carollo: Now it's my time. In fact -- Mr. De la Paz: You should have been here earlier. Commissioner Carollo: You've been given more than two minutes. Mr. De la Paz: I have been waiting for an hour. Commissioner Carollo: You know what, then you should've been here more than six years ago, okay? Mr. De la Paz: Okay. Commissioner Carollo: If you want to make those statements. City of Miami Page 43 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. De la Paz: Alright. Commissioner Carollo: But I've been living in Miami in this community for well over 50 years. Mr. De la Paz: Well, you should show more respect to the community, and being here on time. Commissioner Carollo: I have a right to speak. And frankly, if you want to be a wise guy, you can be a wise guy. Go ahead and run, that's what wise guys like you do. They can't take the heat. You throw the fire out, but when it is thrown back at you, you get your behind and you run. But the last point that 1 want to address, because this has to be addressed. He has the right to say whatever he wants, but 1 have a right, and others here have a right to rebuttal that. He made the statement, and he wants to talk about racism, the statement that he made when he said the only business that people want to have out there or something to the effect is selling drugs. What he was trying to imply was that the whole community there is involved with drugs. And you know what, that is a blatant lie. Yes, there might be some people selling drugs out there, but then they're selling drugs in every neighborhood of Miami. Every neighborhood of Miami you have drug dealers. So I am sorry. I apologize. I just couldn't sit back and hear this man put, forward what are truly racist comments, especially a transplant, that's got no roots in our community. Just like he confirmed. He's only been here for a handful of years. Vice Chair Russell: Thank you, Commissioner. I tried to stay reserved, but you helped me out. Applause. Thelma Gibson: Thank you, Commissioner. Vice Chair Russell: And not to cut you off but seniority does have its benefits. The commissioner -- the Commissioner Thelma Gibson is here to address this body -- Commissioner Carollo: Absolutely. Vice Chair Russell: -- and she'll be afforded that respect. Ms. Gibson: Good afternoon. Thank you, Commissioner. You know, we worked together here on the, but I'm showing off today. I have on a shirt; that says that some people don't know whose shoulders they stand on. And I didn't know about this shirt and Jackie Collier, said you don't know about this shirt? So a couple of weeks ago she brought me this shirt. So today I'm showing off because it has the name of my late husband on it along with Athalie Range who was the first person of color, and a woman, to serve on the Miami City Commission, and then was the Reverend Graham. And then third was the Reverend Theodore Roosevelt Gibson, my late husband. And he talks about on this shirt, D.A. Dorsey, who was the first person of color who was a millionaire who owned Fisher Island. And a lot of you don't know that. But a black man owned Fisher Island. And like everything else, it was sold, but he left a legacy. And it also has Georgia Ayers, and everybody know how Georgia Ayers fought for the rights of people all over this place. And then, yes, the name, it always amazes me, of the family that had the newspaper, the Reeves family. And this is the kind of thing that our young people are showing other young people that we stand on the shoulders of many others. I'm Thelma Anderson Gibson and I live at 3661 Franklin Avenue. I'm finished showing off now. So I'm here in support of this project primarily because I wanted to buy a piece of property on the corner of Douglas and Thomas, across from Saint Paul Church, and Dr. George Simpson who's sitting there, was sitting there, City of Miami Page 44 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 said to me that the grandchildren and great-grandchildren of the Stirrup family now has a foundation, and they have decided they are not selling any more property. They want to do something in this community. So I was so proud when one of the young people came to my home and brought me a copy of what they wanted to do up at that corner of Charles Avenue and Main Highway pretty much. And I looked through it. And I said my goodness, these young people want to do something to remember their grandparents, and they're going to give us a hotel. And then just a week later, another young man from Coconut Grove came to me with a copy of what he wanted to do on the north end of Plaza Street. And so I was so excited to see the children of the people who lived here all of their lives come back and want to do something for our area. And when people talk about parking and the traffic that goes up Charles Avenue, you know, people who come to hotels don't drive around. And especially anybody who come to this corner because they will be walking up the Main Highway, go into Green Street, or going down to what used to be The Taurus, where 1 had my first job when 1 finished high school. And I talk about this primarily because my grandparents came from the Bahamas. And my grandfather was the second person to buy a piece of land on Charles Avenue, 3326 Charles Avenue. All of us know about the Mariah House and the fact that she was the first person of color, we were colored back then, you -all don't know that, you were either colored or a Negro. We just got to be Black in the '70s and then in the '80s, we got to be African Americans. So I stand here and tell you that, you know, I like to talk about the history of Coconut Grove because all of my childhood and early life was spent there. And I'm 94 years old, and can hardly breathe sometime, but 1 had to come here in support of this project. And to show off a little bit about some young people who know whose shoulders they stand on. And so, Commissioners, you know, all I ask of you is to consider this as one of the prime projects for Coconut Grove. It will truly make a difference for us. It'll be the first hotel that we have in Coconut Grove. And we don't have anywhere for people to come and eat in the West Grove, so they're all going to stay up in that area. So don't worry about the transportation folks, because these people are not coming to be driving around. And I just hope the Commission will consider this project in good faith and say yes in your vote today. And I thank you so much for having the old lady come up and show off today. Vice Chair Russell: Thank you, Commissioner Gibson. Commissioner Carollo did -- when Commissioner Gibson was appoint -- she was appointed as commissioner based on an absence on the dais; is that correct? Commissioner Carollo: That's correct. Vice Chair Russell: And in -- much in the same way that we appointed Commissioner Watson after there was an absence on the dais. Commissioner Carollo: That is correct. Vice Chair Russell: Commissioner Watson, you have some big shoes to fill in Commissioner Gibson's footsteps. Ms. Gibson: Well, he came to see my late husband right out of college. Commissioner Watson: Most definitely. Ms. Gibson: A young man who serves as his chief of staff brought him to see my husband. And they talked about politics way back then. And this is over 40 years ago. So I would have you to know that I'm proud to be standing here seeing this young man serve for the City of Miami and the Overtown area. Thank you, Commissioner Russell. City of Miami Page 45 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: Thank you. Thank you. Vice Chair Russell: Thank you, Commissioner Watson: First time I got called old and young at the same time but thank you. Vice Chair Russell: Thank you, Commissioner. Good morning, Rose. Rose Fountain: Morning, I'm Rose Fountain and most of you know me -- Vice Chair Russell: Your microphone, if you could make it a little closer, Rose. Thank you. Ms. Fountain: I'm Rose Fountain, I reside in Coconut Grove, Coconut Grove Village West. And most of you know me when it comes to preservation of our community. I had no idea how rampant this would be, so I took time out, and if you bear with me, and I tried to acknowledge the concerns, what we are participating in right now as far as this project is concerned. From whatl understand on PZ.1, 2, 4, 5, and 6 are all relevant to Coconut Grove and Coconut Grove Village West. The Miami Comprehensive Neighborhood Plan is very relevant. Discussions, I tried to surpass that, but I see that 1, 5, 6 and 8, I cannot get passed. Neighborhood Revitalization District where -- which is part of what Commissioner Watson represents, and Neighborhood Conservation District, which is in -- now in Coconut Grove Village West and has progressively helped us in renovating homes, building and preserving our community. Having said this, the CRA (Community Redevelopment Agency) package under PH 6, 2, 3, all interlocal agreements, the funding, I don't know if anything has been distributed, but I see about 2.4, I see a $100, 650. I don't know if this money' is relevant. I see a stimulus package and what I -- I won't go into all of what I understand here. But I do see that Coconut Grove, the business district, the corridors of the avenues which would be mainly Charles Avenue for us, since Grand Avenue is being developed. I think it would provide the sustainability in our community. This Odd Fellows Hall is my concern really right now. I found out, I've been at this for about 20 years, I'm not as aggressive as some of my fellow compadres here. I've been at it for about 20 years, excuse me. And from what I understand, we were trying to get the City to compromise and work with us to rebuild it across the street from (UNINTELLIGIBLE) and I found out the owners would like to have it rebuilt on their site. Now, some of them want it in the original form because they look at the Stirrup House and they like what they've done. Some like the more modernistic form of it. There is a structure at Booker and Grand Avenue, it's a restaurant and a salon, a beauty parlor, and they like that. So I would like the City to work with us if they can, and the people, the congregation there, because I don't actually know who's involved. And -- but I do know the congregation -- Vice Chair Russell: Thank you. Ms. Fountain: -- is -- Vice Chair Russell: And Rose, you've always been aggressive with your advocacy. I've received handwritten letters from you and e-mails for six years. So, thank you. Thank you for your comments. Good morning, Doctor. George Simpson: Good morning. Morning. My name is George A. Simpson, MD. I'm a retired surgeon. And I've lived in Coconut Grove for 65 years. Now, that's a -- the family that I have joined, that's a relatively newcomer, because they've been here for like 120 years and more. But they have the reputation of having been the original builders, preservers, and accomplishments of the people especially from the Bahamas City of Miami Page 46 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 and West Grove. Now, when 1 was sitting here, what came through my mind first was the words of Henry Wadsworth Longfellow. He said, "Let us, now, be up and doing, with a heart for any fate. Still achieving, still pursuing. Learn to labor and to wait." We have labored long. And the reason we are laboring is because the grandfather who built that house on Charles Avenue in 19 -- in 1897, always wanted it to be left in a condition that would take care of his family if they needed help. It was not the decision of the family, but the decision of the commission to designate this a national historic site. That was quite in parallel with the family's decision to preserve this house. And so we had to do everything we could to preserve it. Unfortunately, there are no monies assigned to preserving national monuments or sites. But in order to do this, there had to be some economic basis. The family was fortunate in having made a partnership with the development group that also had the goodness, the progress of Coconut Grove in mind. The least obstructive structures or business that could be built there probably, was this of the Inn. And this is what they decided to be done. You had to have some sort of income to preserve the national site and you had to have some sort of income to develop the land which has been vacant for so long. We do not want to duplicate what to me has been a -- an eye soar for 40 years like the Mariah Carey House, with no visible method of support to preserve it. At the same time, a project which would preserve the heritage, the history, and the aspirations of a community was something which should be pursued. There was (UNINTELLIGIBLE) there was a factor of jobs being preserved, of being abandoned and preserved in the building, and in the maintenance of such a thing as this hotel. We pursued this. We have labored long, and we have waited even longer. The majority of the people in Coconut Grove West are in favor of this. You'll always find some people who are going to digress from progress. But the majority of the people who live and have interest in Coconut Grove West are in favor of this project. And so I urge the commission to end the last part of that, the wait part. We have waited three years for a -- for a completion of this development. So we hope that we will have to wait no longer. We hope that there will be a quick and decisive end to this long wait so that the history, preservation, culture, and aspirations of West Grove can continue. Thank you. Vice Chair Russell: Thank you, Dr. Simpson. Good morning, Mr. Gibbs. Tucker Gibbs: Good morning. Can you all hear me? Vice Chair Russell: Yes. Good afternoon at this point. Mr. Gibbs: Oh. Thank you. Good afternoon. My name is Tucker Gibbs with law offices 3835 Utopia Court in Coconut Grove. And I'm here on PZ.8 and 9, which is the Design District SAP amendment. My client is Bay Point Property Owners Association. They have directed me to state that it is taking no position on this application. And there's' a reason for that. The reason is the community is divided. It isn't like everybody is in favor of it or everybody is against it. It is literally split. And the board could not get a consensus on voting either way. And for that reason, they wanted me to report that to you and be specific about why. So thank you very much. Vice Chair Russell: Thank you for your comments. Commissioner Watson: So, Tucker, the Association is not taking a position? Mr. Gibbs: That's correct. Commissioner Watson: But individual residents are -- Mr. Gibbs: Absolutely. City of Miami Page 47 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: They can -- Mr. Gibbs: Individual representatives can take whatever position -- Commissioner Watson: Alright. Mr. Gibbs: -- they like. Commissioner Watson: Okay. Alright. Thanks. Mr. Gibbs: Thank you. Vice Chair Russell: Thank you for your comments. Yes. Mr. Gibbs: By the way, I can't go -- Vice Chair Russell: You're doing a Colombo on me. One more thing. Mr. Gibbs: I'm sorry. I can't leave this podium after hearing all of this today in my community and not say something. This is a great project. It's a great project for the community. The community wants it, and I hope you all vote for it. Thank you. Vice Chair Russell: Thank you for your comments. Is that on behalf of Bay Point? Good morning. Michael March: Alright. Good afternoon. My name's Michael March, and I live at 3586 Charles Avenue in a shotgun shack built in 1935. I would like to express my gratitude to Mr. Gibbs for at least not offering an opinion for his organization because something to bear in mind with these organizations is that they do not hold votes for the members. They issue resolutions and opinions based on their executive boards, or in some cases, single people. Okay. So, as a resident of the local organizations, as somebody who attends the meetings, I want you gentlemen to know that they may claim to speak for everybody, but they don't give us residents votes. So, people have told me, yes, you need to form your own homeowner's association, and maybe I will some time, but for the meantime, we by to give people the benefit of the doubt, and at least speak our piece even if we can't get them to take our votes on these items. Okay. So, anyhow, I would like to remind you gentlemen that Charles Avenue is a historically designated street, as you brought up, Commissioner. I'm here to oppose PZ (Planning and Zoning) items 6 and 7. First off I don't believe you should get a commercial upzoning on any residential street without the express consent of all of your neighbors. Secondly, as I mentioned, Charles Avenue is a historically designated corridor, and you gentlemen have been there with me through this in this journey of several years. The designation of Charles Avenue is something that weighs heavily among those of us who still have standing houses on the street, whether our homes are individually designated or not. Homes on Charles Avenue which are older than 50 years cannot be demolished without permission firom a City of Miami historic officer. Has everyone here heard the saying, "A rising tide lifts all boats? " If one family has redevelopment rights, then we all should have redevelopment rights regardless of our ethnicity, our political influence, or our. finances. I ask you, gentlemen of the Commission, please either deny the applicant's upzoning today or remove the historic designation of Charles Avenue for the rest of us. Otherwise, to grant this upzoning on a historically designated street would mean that the rules do not apply equally to everyone. Please vote against PZ items 5 and 6 and thank you for listening. Vice Chair Russell: Thank you for your comments. Good morning. I'm going to call it morning until I get lunch. City of Miami Page 48 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Eileen Bottari: Okay. It's almost 1: 00 p.m., so I'm going to say, good afternoon, Commissioners. Vice Chair Russell: We're going to try to get everyone in for public comment before lunch so that nobody has to come back after lunch to be heard. So, as soon as we're finished with public comment, we'll take a break. Thank you. Ms. Bottari: Okay. Eileen Bottari, 505 Northeast 76 Street. Ilive in historic Palm Grove in the Upper East Side community. I'm here to say that am opposed to PZ.8 and 9 which is a 36-story high-rise. I'm going to to; not to be repetitive of all -- what have -- or has already been said, but 1 wanted to bring to your attention that if you drive down Biscayne Boulevard, which is the commercial strip in the Upper East Side community, you will -- you start at 87 Street and you go south to 36th Street, you will find four buildings that are 12 stories high. You will not find any buildings that are higher than that. The rest of the buildings on Biscayne Boulevard are between 2 and 6 stories and we worked very, very hard when the planning process was implemented for Miami 21 to make sure that our zoning on Biscayne Boulevard reflected what was already there. So, you keep bringing up this -- that it -- even though they want to go 36 stories, that the density is going to be the same and it's not going to have any effect on the traffic. Well, I can say to you, after living in the Upper East Side for 38 years, and I've seen the traffic reports, that Biscayne Boulevard is already an `F" road, so it's not going to make any difference. We have gridlock every day starting at 2:30 and going on to 7: 00 p.m. So, whether the building -- and I'm opposed to the building even being 20 stories. 1 believe that Miami 21 was supposed to protect our neighborhoods and make sure that when development came, and we're not against development, that it was in balance. You cannot put a 36-story high-rise next to a 12-story building, which is on the next block, right next to it, and say that's in balance. It is not in balance. So, I am opposed, and I hope that you will vote to lower the height back down and put this in balance with the rest of the Upper East Side community. Thank you. Vice Chair Russell: Thank you for your comments. How's it going? David Porter: It's going well. I'll try to be brief My name's David Porter, 3351 Hibiscus Street, and I'm also president of Stirrup Properties. Oh, yeah. I guess I should take my mask off. Thank you for that. First, I want to say I'm proud to represent my family here in trying to represent my great grandfather's history and tradition. One of the things that's always interesting when we have these kinds of conversations is people to talk about the history of Charles Avenue. And my great- grandfather is at the center of that history. You look at the head of Charles Avenue, that's the house that he built. You look at the other end of Charles Avenue is the cemetery that he built because there was no appropriate place to bury his wife at that point in time. And so Charles Avenue's history really is my familv's history, and the history, is complex. Well, E. W. F. Stirrup was known primarily for all the affordable housing that he developed, some of which he sold to people so they could start building their own individual wealth. His legacy was much more than that. Even though I like to be able to say, hey, probably in the West Grove, we're still, after over 100 years, still the largest provider of affordable housing within the West Grove. But it wasn't just that. I mean, if you look at where this -- these empty lots were, that's where his partnership with Burdines was. There was a store there. There was a (UNINTELLIGIBLE) in there. That was his commercial district, initially. Because that's what black folks had to do at that time because we didn't have access to other things. So, when we think about the history, let's think about all the history that Charles Avenue represents and what can be representative of what the future is. The last thing I would say is that we have been working on this project for quite some time and we've done a lot of outreach. I mean -- and I think one of the challenges right now is a lot of the outreach started before COVID and so when we met with Hoda, when City of Miami Page 49 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 we met with the Ministerial Alliance, and even when GRACE came up after we were already well into the process, we started talking to them, and we're even now talking with the current residents who have issues. And we will continue to do that because that's also part of my great grandfather's legacy of always being involved in support with the community. And so I say all that to say that obviously, I'm in support, but we are going to continue to work with everyone in the community to try and make this a successful project. So, thank you for your time. Vice Chair Russell: Thank you for your comments. Hello. Kristine Stump: Good morning or afternoon or whatever. My name is Dr. Kristine Stump and Tin speaking in opposition to PZ.6 and 7. 1 live at 3470 Florida Avenue, formerly 3373 Charles, and 1 still work within 500 feet of the site at Ransom Everglades every day. 1 have strong personal connections to the Bahamas, and one of the things I respect most about the West Grove is its rich Bahamian history. Since the Grove was annexed by the City in the '20s, the West Grove has been on the losing end, especially egregious maybe that trash incinerator that operated for decades despite objections, spewing toxic ash and contaminating nearby soils with heavy metals that are still causing problems today. As has been true for l00 years, West Grove residents would suffer the consequences of poor decision making by the City. Not only will residents down the street hardly benefit but will be harmed for many reasons. My expertise is in environmental consideration, so I'll speak to that. It would be irresponsible to approve rezoning with intent for a project of this scope without an upfront environmental assessment and mitigation plan, especially in a historic neighborhood, because there will be acute and chronic environmental degradation. Flooding is already a problem because storm grates clog with trash. That's only going to increase with more commercial property up the street, and runoff will be worse with more pavement and less green space to absorb surface water. Stormwater picks up anything that's on the street and the system drains directly into the bay. So, with a commercial property, there would be more harmful fluids from more idling delivery trucks, municipal waste trucks, fertilizers, pesticides to maintain commercial landscaping, industrial volumes of detergents and solvents to maintain a commercial property, especially a hotel. We already have major water quality issues in the bay, and it's largely because of Miami's history of ad hoc development like this without proper mitigation planning. This is not progress for the people who live down the street just because it's Bahamian architecture. This is another example of the West Grove's death by a thousand cuts. Our neighborhood isn't a financial opportunity. It's a residential community and it's zoned that way. So, please vote no on commercial rezoning, or at least defer until the residents' concerns can be earnestly addressed by the City. Thank you. Vice Chair Russell: Thank you for your comments. Mr. Savage, good morning. Paul Savage: Good afternoon, Mr. Chairman. Paul Savage with law offices at 2555 Ponce de Leon Boulevard in Coral Gables, representing MacArthur Properties III on PZ.8 and 9. I don't want to say anything on the merits right now. Just, as we did last time, Mr. Chairman, I just wanted to check in at this stage to confirm my intervenor status that was recognized by the Commission last time. And I -- the -- I did want to publicly thank the Planning Director who was good enough to communicate with me on some documents and things, so I wanted to signal to the Commission that we're going to move quickly and not get bogged down, et cetera. So -- Vice Chair Russell: Thank you, yes. Your intervenor status is preserved from the last hearing, and we're going to try to take this item up after lunch, relatively early if we can. Mr. Savage: I thank you again, Mr. Chairman. City of Miami Page 50 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Thank you. Hello. Robert Young: How're you doing? Robert Young, 3576 Charles Avenue, currently 3576 Charles Avenue. When I was a kid, maybe 3, 4 years old, where those vacant lots are, I lived in those properties where those vacant lots are. I have -- the guy who was over there, Ricky Holton -- Rick Holton, I know him, my classmate. I have lived in that community 69 years like Mr. Holton, a lifelong member. His mother was my first - grade teacher. When Mr. Carollo -- Commissioner Carollo was on the board, J. L. Plumber used to sit right here. He sat there. He used to love to sit right there. 1 have been in this community more than 69 years. I am in fervent support of this project. Pm intimately familiar with it. And to tell you the truth, 1 didn't know Mr. Holton was, like, a preacher. Until I saw him today, I didn't know him. In chemistry -- in chemistry class, he wasn't like that, but, you know, we go back. And when people talk about flooding on the street, all you have to do is rake the leaves from over the drain, which I do in my block, and the street doesn't flood. It floods because there a lot of leaves, a lot of trees, the leaves. Me, and my neighbor across the street from me, Ray, Mike (UNINTELLIGIBLE), who's my neighbor, my next -door neighbor•, Mike Marsh, you know? I know this community. I've lived there. It's nurtured me. It allowed me to get an education. It allowed me to go to law school. This is a community that 1 know intimately. What the commissioner is faced -- what the commission is faced with is what they call a balancing of equities. And the equities in this community are, you've got a historically -- a historical family, a family who has ties there. They wanted to develop this property, and they partnered with a guy with deep pocket -- with developers with deep pockets. This family is not going anywhere. This family has -- we rented from them when I was 6, 7 years old -- 3, 4 years old. So, the fact that they want to do this is a good thing, and like Rick Holton said, it would be a shame for somebody to come up here and disparage them in that community. And I'm urging the community -- the Commission to vote yes on this, to approve this project. And I know, Mr. Russell, you'll do the right thing, Commissioner Russell. Vice Chair Russell: So, you're next -door neighbors with Mr. Marsh? Mr. Young: Yeah. Mike. I remember when Mike moved in. Vice Chair Russell: Well, look, it sounds like you have a good relationship. Mr. Young: Well, Mike, do we have a good relationship? Vice Chair Russell: Yet you disagree on an issue? Mr. Young: We disagree, but I know -- Vice Chair Russell.• And we get along. And we get along and we move on. Mr. Young: I was chopping down a tree in my backyard about a month ago -- Vice Chair Russell: Don't tell us about that. Mr. Young: Mike heard it. Mike heard it -- Vice Chair Russell: We didn't hear that. Mr. Young: -- and came out and wanted to know what was going on. I said, Mike, this tree is going to -- it's going to impede. It's going to go over and affect your property. I'm going to cut it down. And he gave me a -- what did you give me? A bow saw? City of Miami Page 51 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: I'm going to save this from yourself right now. Thank you for your comments. Really appreciate your advocacy. Good afternoon. How are you? Lyndall Lambet: Good afternoon, Commissioners. Thank you. My name is Lyndall Lambet. I am here to speak in opposition to PZ.8 and 9. I was, until last week, a 31- year resident and homeowner in the community of Bay Point. I lived at 4245 Lake Road and recently sold my house and moved to Palm Bay Towers, which is 720 Northeast 69th Street. I am passionate about keeping the zoning in the northern -- or the Upper East Side of Miami the way it is now. I am vehemently opposed to a 36- story tower going in at 38 Street. It would ruin the character of the neighborhood. And it would probably increase traffic, although traffic right now is abysmal. One of the reasons I moved 24 blocks north is because the abysmal traffic down between Bay Point and 36 Street. There's some other reasons having to do with global warming and sea -level rise, but I still am a resident along the Upper East Side and I really think that having a 36-story building there would be abysmal. The Edgewater community, to me, is an abomination. I've seen that grow in the last 20 years. And the character of the Upper East Side is still lovely. We -- it's a walkable neighborhood. I'm learning new restaurants around the 69th Street area, and I'd really like to see it stay the way it is. And I also wanted to mention that I'rn here on behalf of my former next -door neighbor, Dr. Kim Jacobson, who lives in Bay Point and is a homeowner there. She's been there as long as I have. She wanted to be here today, but her brother had to be rushed to the hospital, and she could not make it. And I also notice that there are 36 people in Bay Point who have signed a petition against the upzoning. But anyway, I feel this strongly with those 36 other people, including the person who bought my home. I saw him on the list as well. But thank you for your time and have a good afternoon. Vice Chair Russell: Thank you. Hello. Ulysee Kemp: Good afternoon. Good afternoon to all City officials. My name is Ulysee Kemp. I live at 76 Northwest 39th Street. I've been a resident there for, like, 63 years. I am opposed of this change of the 36-story building because, you know, Craig Robinson and I, we have a nice relationship. He does nice buildings, everything. If I'm not mistaken, it's proposed to do, like three buildings within that same general area. And he does very nice architectural buildings, and I think it would be more beneficial that he concentrate on the architectural side of those and leave the concentration among the other buildings as they are. And the -- the fact that we keep changing the code and -- given so many variances on Miami 21 in up -zoning, when is -- when is the commissioners -- when are you guys going to actually take a look at what it's doing to the neighborhoods and how is impacting this infrastructure which you guys are not totally responsible for, because I know that there are state streets, there are county streets, as well as city streets that are being impacted with this immense amount of traffic. But that traffic is the contribution to the zoning changes as well. And to me, you know, we got, at some point, protect the residential neighborhoods. And I've always -- I've been here many times and you guys always see me here along with the same fight, let's protect the residential neighborhoods from this commercial up - zoning. Vice Chair Russell: Thank you. Good afternoon? Headly Westerfield: Good afternoon. My name is Headly Westerfield. I don't live in Miami, nor Miami -Dade. I'in a journalist. But everyone is talking about the history of Charles Avenue. And I'd like to bring a little more history to the table. The two properties immediately across the street from the Stirrup House 15 years ago, had single family dwellings on it. Then those houses were knocked down. Let me -- let me back up. There was a bizarre trade of properties where Stirrup family members got two condos in the Grove Gardens Residents Condominiums, which Aries Development City of Miami Page 52 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 and Gino Falsetto valued to be $2 million based on the number they pulled out of the air. So then they turned to -- they swapped those condos for the properties across the street on Charles Avenue that are now part of this hotel property and $10 and a 99- year lease on the Stirrup House. That was that big, complicated deal. They knocked down those houses, single-family dwellings, one was a shotgun, one was maybe a conch, so they could use those properties as a marshaling yard to build the Grove Gardens Residents Condominiums hereafter known as the monstrosity. That monstrosity, five stories, is now being used for the hotel. Oh, if they can build that high, we can build this high. But let me get back to these two properties. Once Aries Development no longer needed these properties, which they got a bank loan for two million based on their own valuation of the condos, once they no longer needed those properties, they defaulted. And the bank took them back. And the bank sold them at auction. And they sold them at auction to a former partner on paper of Gino Falsetto. And then eventually those properties were conveyed back to this company that wants to build the hotel. So at the bottom of these two properties is a bankfraud. And if you approve it, you've approved the bankfraud. Thank you. Vice Chair Russell: Thank you, Mr. Westerfield. Pia Palomino: Good afternoon. My name is -- my name is Pia Palomino. I reside at 321 Northeast 58 Terrace. I'm here to speak against the Design District SAP PZ.8 and 9. So 1 work as a community organizer, and I'm here to express extreme concern over this project. This development is a huge project like many people have pointed out, and it is not in scale at all with the surrounding neighborhood. In my work, I see whole communities being displaced and overturned due to predatory development tactics. This is why Miami 21 was conceived to prevent situations like this. But if you allow this project to pass, then it will serve an example to developers who are trying to prey on the community around it. Please do not allow another example of a developer wanting more than they are entitled to. Please listen to the constituents today. Thank you. Vice Chair Russell: Thank you. Jihad Rashid: Good afternoon. My name is J.S. Rashid. I'm a 30-year community developer in Village West Coconut Grove. I live at 2983 Washington. I'm here to urge your support and approval for the Charles Avenue Grove Inn. It is a genius project. It meets all the community development touchpoints, and it has an incredible diverse development team that represent this growth. People from backgrounds. From the Village West, we talked a lot about Stirrup family but there's others. And they all live in Coconut Grove. And we respect the concerns that have been presented by those folks that have come here later. And I'm a newcomer. I've only been here about 36 years. But those concerns we respect regarding the concerns for traffic and quality of life and encroaching commercialism, but we are in front of the line in those concerns. And we welcome them and join with them and will once this project is approved and passed to continue to work with those who have those concerns to solve those problems. But this project is not the cause of that. Traffic has been an issue for nearly three decades. And so we can work with those who have their concern about traffic and quality of life. Nobody is more concerned about protecting the culture and the character of the community than these developers who are residents of Coconut Grove. So, the genius part of the project that it has undulating setbacks, walkthroughs, great foliage which serves in a way great things. It is the appropriate placement of T4 between the T3 and the T5, and this is our challenge. Community development and economic development is not a zero -sum game. So there's a lot of moving parts to that. And it has always been a challenge to balance the -- the needs of economic development with the protection of the character and the quality of life of the community. And in this project, you have all those. It checks offwealth. It's a no- brainer. We urge your support. And it's going to be good, for the community. And once City of Miami Page 53 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 it pass, we're going to continue to work with those folks who have the greatest concerns about it. Thankyou so much. Vice Chair Russell: Thankyou. Good afternoon. Paul Namphy: Greetings. Commissioner Carollo, Commissioner Russell, Paul Christian Namphy, speaking in two minutes or less. I realize I'm what's between everyone here and lunch on items PZ.8 and 9 and the 36-story building at 3715 Biscayne Boulevard. (UNINTELLIGIBLE) Office is in the Little Haiti in the city of Miami. Thank you, Commissioner Watson, for your -- for your invitation last Monday night at the (UNINTELLIGIBLE) Park. I'm here to speak up for community, economic, and political rights and for the defense of their interests, and the importance of decisions being made transparently at a local level by the women and men who are on the -- who are the main stakeholders in this question onsite. The case of the building's legality based on its position with respect to the railroad tracks was made today, and we have noted Commissioner Watson's response on how to best handle that question. The issue of how the proposed building legally violates the form -based code in place has also been discussed by Pia and others and thank you for those remarks. I'm here to reiterate the question based on common sense of whether there is any doubt that granting authorization to building a 36-story mega building in a community characterized by one-story and two-story buildings, some up to five stories is completely out of scale and character of the Design District and surrounding area of the neighborhood. How that would not create a precedent for other developers request similar permission and irreversibly and fundamentally change the character of this neighborhood and its community. I have listened to the compromise of a 12 to 20-story negotiating position, and the granting of other benefits agreed at the end of the first reading and would love to hear what the decision -makers here feel about the reasonableness of that compromise. We believe that anything above 20 stories clearly is not fair. Thankyou. Vice Chair Russell: Thank you. Is there anyone else here for public comment today? Laura Graham: Sony. I'll be quick. I'm here, Laura Graham. I live on 3300 Charles Avenue, so just a few houses down from the proposed development. And I'm here because I genuinely want the best for the community and for the residents within the community. I'm hearing compelling cases for the development, and I completely understand that we're much newer to the community than most of the residents that live there. And to be clear, I'm not against improvement of the community. I want the best for the community and that's exactly why I'm standing here today. Whether or not the neighbors who live in the community within close proximity to the proposed development are in support of the development or not, seems to be raised completely' and consistently. However, I sat in a neighboring lot right close to the development with dozens of other neighbors in my community who have serious concerns about what this development is going to do to the neighborhood and what the implications are for the future. My concern is that the residents that fall within the closest proximity to that development have serious concerns that aren't going to be addressed, and they're going to be the ones most affected by the development. Both sides clearly, have varying perspectives on whether or not it's good with the community. But I think one, that we can speak to that both sides seem to both agree on is that traffic is already far overburdened on Charles Avenue. And there hasn't really been a traffic study in a few years, and even back then it seems that it was overburdened -- established as overburdened and that something needed to be done about it. My ask is that instead of approving this and working on a retroactive approach to addressing traffic concerns, that we work in a proactive approach ahead of approving the development. I'm concerned that promises can be made and that they're not always followed up on. So I'm. frankly nervous and I see the, fear of my other residents that any promises can be made as far as traffic and all the other items City of Miami Page 54 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 that we've addressed. But I'll just focus on traffic right now. But unless it's a proactive approach rather than a retroactive one, we're just not really that comfortable with the development. Thank you. Vice Chair Russell: Thank you for your comments. Is there anyone else here who'd like to speak on any of the items on the agenda who's not seeking intervenor status? Seeing none, I will close public comment. Thank you, everyone, for your passionate advocacy and your patience. MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Vice Chair Russell: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: Thank you very much. END OF MAYORAL VETO(ES) City of Miami Page 55 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 CA.1 8935 Department of Planning CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Watson ABSENT: Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE TIME PERIOD FOR THE CITY ADMINISTRATION TO REVIEW ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS DIRECTED BY RESOLUTION NO. R-19-0523 ADOPTED ON DECEMBER 12, 2019 AND RESOLUTION NO. R-20-0377 ADOPTED NOVEMBER 19, 2020, TO OCTOBER 28, 2021. ENACTMENT NUMBER: R-21-0200 This matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 8906 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ONE (1) RIGHT-OF-WAY DEED OF DEDICATION ("DEED"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-21-0201 This matter was ADOPTED on the Consent Agenda. City of Miami Page 56 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 CA.3 RESOLUTION 8971 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF HUMBERTO DIAZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $104,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY"), WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $103,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-21-0202 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Vice Chair Russell: Alright. So, we're going to take up PZs (Planning and Zoning) 8 and 9, the SAP (Special Area Plan) amendment for the Miami Design District, and the amendment to the development agreement 4:53. So, I would need a four -fifths vote to take up PZ.8 before 5 o'clock. Alright. Instead -- Commissioner Carollo: You need a motion? Vice Chair Russell: I don't have four votes here. So instead, I'm going to take up business of the day until we get to 5 o'clock in seven minutes. The CA (Consent Agenda) agenda, CAs 1, 2, and 3. Is there a motion? Commissioner Carollo: CA.1, 2, and 3. Let me just glance at it. Yes. There is a motion. Vice Chair Russell: Moved by Commissioner Carollo, seconded by the Chair -- Commissioner Watson: Second. Vice Chair Russell: -- seconded by Commissioner Watson. Todd B. Hannon (City Clerk): Chair? Vice Chair Russell: Yes. Mr. Hannon: I really do apologize. I'm sorry, I just need to get situated here real quick. I apologize. That was CA.1 through CA.3? Vice Chair Russell: Yes. City of Miami Page 57 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Hannon: And the mover was? Vice Chair Russell: Commissioner Carollo, seconded by Commissioner Watson. Mr. Hannon: I apologize. Vice Chair Russell: No worries. Mr. Hannon: Thankyou. I'm sorry. Vice Chair Russell: Is there any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on CA.1, 2, and 3. Thankyou. City of Miami Page 58 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 8914 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "NEWSTART TOWNHOMES AT POMELO PARK", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1", WHICH PLAT BY REFERENCE, IN SUBSTANTIALLY THE ATTACHED FORM AND SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-21-0203 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: PH.I, accepting a plat at New Start Townhomes at Pomelo Park, and PH3, a Florida Power and Light Company easement. Is there a motion on PHI and PH 3? Commissioner Watson: Mr. Chair? Victoria Mendez (City Attorney): Commissioner? Commissioner Watson: Can you take those individually, please? Vice Chair Russell: I can. PH.1, accepting a plan for New Start Townhomes, is there a motion? Commissioner Carollo: Move. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Carollo. Is there any further discussion? All in favor; say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 59 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PH.2 RESOLUTION 8991 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, AUTHORIZING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS, AND APPROVING THE PURCHASE OF SOP TECHNOLOGIES STORMWATER INLET FILTERS ("STORMWATER FILTERS"), INSTALLATION OF SAID FILTERS, STORM DRAIN MARKING SERVICES, AND ANNUAL REPORTING SERVICES FROM EDDIE LOPEZ TECHNOLOGIES, LLC D/B/A SOP TECHNOLOGIES INTERNATIONAL, A FLORIDA LIMITED LIABILITY COMPANY ("SOP TECHNOLOGIES"), FOR THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") FOR A TOTAL AMOUNT OF TWO HUNDRED SEVENTY NINE THOUSAND FIVE HUNDRED DOLLARS ($279,500.00), COMPRISED OF A PURCHASE AMOUNT OF TWO HUNDRED SIXTY NINE THOUSAND FIVE HUNDRED DOLLARS ($269,500.00) TO BE ALLOCATED FROM PROJECT NO. 40-B213800 WITH AWARD 1431, PLUS A CONTINGENCY FOR MAINTENANCE OF TRAFFIC INCIDENTALS IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO BE ALLOCATED FROM OTHER VARIOUS SOURCES OF FUNDS FROM PUBLIC WORKS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0204 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: PH.2. Commissioner Carollo: Move. Vice Chair Russell: Sole source SOP technologies. Moved by Commissioner Carollo, seconded by the Chair. I want to make sure I'm listed as a co-sponsor on this, the stormwater inlet filters. Any further discussion? All in favor, say "aye." City of Miami Page 60 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Vice Chair Russell: Motion passes on four -fifths. PH.3 RESOLUTION 9042 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE, TEN (10) FOOT WIDE UNDERGROUND EASEMENT OF APPROXIMATELY SEVEN THOUSAND FOUR HUNDRED EIGHTEEN (7,418) SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 1061 MACARTHUR CAUSEWAY (FOLIO NO. 01-3231-000-0010) ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("EASEMENT AREA"), FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA LOCATED AT THE PROPERTY. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item PH.3 was deferred to the June 10, 2021, City Commission Meeting. Vice Chair Russell: PH.3, easement, Florida Power and Light Company. Victoria Mendez (City Attorney): Chairman? Vice Chair Russell: Yes, Madam City Attorney. Ms. Mendez: This is the one that I had an issue with on the easement language that as drafted right now, FPL (Florida Power & Light) can enlarge, expand. I wanted some tighter language with regard to this easement so that it could only be underground, and they can't put utilities -- Vice Chair Russell: Do you have a recommended amendment? Ms. Mendez: Huh? Vice Chair Russell: Do you have an amendment to recommend? City of Miami Page 61 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Ms. Mendez: Well, the thing is that FPL has to agree to it. Vice Chair Russell: Shall we table this then? Commissioner Diaz de la Portilla: I would defer it, I think. Ms. Mendez: I would -- Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: There's a motion by Commissioner Diaz de la Portilla to defer to Commissioner Carollo: Second. Commissioner Watson: Second. Commissioner Carollo: Second. Vice Chair Russell: -- June 10th. Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: Seconded -- Ms. Mendez: Thank you. Vice Chair Russell: -- by Commissioner Carollo. Motion to defer PH.3, all in favor, say 'aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes to defer PH.3 to June loth. Ms. Mendez: Thank you. City of Miami Page 62 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PH.4 RESOLUTION 8865 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND DETERMINATION, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ON BEHALF OF THE DREAMERS BREAKING BARRIERS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS INCLUDING THE CITY CODE AND CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0205 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number PH.4, please see "Public Comments for all Item(s)." Vice Chair Russell: PH.4, bid waiver, Dreamers Breaking Barriers Program. Another four -fifths vote. Commissioner Carollo: Move. Vice Chair Russell: Is there a motion? Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Moved by Commissioner Carollo. Commissioner Diaz de la Portilla: I'd like to be shown as a co-sponsor, please. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla, noted co- sponsorship. Commissioner Carollo: Also include me, please. Vice Chair Russell: Any further discussion? All in favor, say "aye." City of Miami Page 63 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PH.4. Commissioner Carollo: PH.5 has been deferred? Vice Chair Russell: It's been deferred. Yes, to January 10th. PH.5 RESOLUTION 8958 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RELEASE OF EASEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND LANCELOT MIAMI RIVER, LLC ("LANCELOT"), WHEREBY THE CITY SHALL RELEASE EASEMENT AREA IV AS IDENTIFIED IN THE ACCESS, UTILITY, AND CONSTRUCTION EASEMENT AGREEMENT DATED DECEMBER 11, 1990, AS AMENDED, LOCATED UPON THE LANCELOT-OWNED PROPERTY AT 230 SOUTHWEST 3RD STREET ("NEXUS SITE") AND IN FAVOR OF THE CITY -OWNED PROPERTY LOCATED AT 444 AND 460 SOUTHWEST 2ND AVENUE ("MRC SITE"), SUBJECT TO AND CONTINGENT UPON THE EXECUTION OF A TEMPORARY ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER SUBJECT TO THE ESTABLISHMENT OF AN ALTERNATIVE MEANS OF ACCESS AS INDICATED ON THE ACCESS PLAN ATTACHED AND INCORPORATED AS EXHIBIT "A", OR OTHER ACCESS PLAN APPROVED BY THE CITY MANAGER WHICH SHALL BE CONSTRUCTED IN ORDER TO ENABLE THE CITY TO CONTINUE TO ACCESS THE PARKING GARAGE ON THE MRC SITE AND WHICH SHALL NOT EXCEED A COST OF ONE MILLION DOLLARS ($1,000,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY FOR SAID PURPOSE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item PH.5 was deferred to the June 10, 2021, City Commission Meeting. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: One last one that liked to bring up for deferment is PH.5 for the June loth meeting. Vice Chair Russell: This is the release of easement o_fLancelot Miami River, LLC (Limited Liability Company). City of Miami Page 64 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Carollo: Yeah. 1 need to get a lot more information in this, because what I'm seeing here now, it's a concern to me. And there's a tag, an estimate, so it could be higher or close to half a million dollars to the City. So I'd like to be able to meet with the administration with sufficient time so that I could have all the questions that I have answered before we move forward with this. Vice Chair Russell: I would understand those concerns. From the administration side Commissioner Diaz de la Portilla: I'll second that. Vice Chair Russell: There's been a motion for deferral of PH.5 to June loth? Commissioner Carollo: Yes. Commissioner Watson: June 10. Vice Chair Russell: 6/10. For the City Attorney, perhaps. Are we facing any legal exposure on this issue with regard to their intention to develop that site and us withholding this -- this item? Because I understand they've been asking for this for a while. I just want to make sure we're not at exposure with regard to the delay of this item. Barnaby Min (Deputy City Attorney): So, I will defer to the administration, but I do believe there is a time of the essence clause in the agreement. That being said, I do believe -- I believe there is a time of the essence clause in the agreement that we do have with the developer. That being said, I think there is an argument as far as why the delay that is being requested is reasonable. Vice Chair Russell: And, Mr. Manager, did you want to address this issue? Is this -- is this item anything different from the original proposal in its initial iteration? My understanding is we were always going to have to move this garage entrance no matter -- no matter where the end building goes or is decided. Arthur Noriega (City Manager): Yeah. I mean, the -- the garage entrance relocation is a temporary solution, right? It just -- it just facilitates the development of that site. Eventually, that entire garage comes down anyway, it's demolished. Commissioner Carollo: Woah, woah, woah, excuse me, excuse me. Vice Chair Russell: But that -- so -- but that price tag was always on our side? Mr. Noriega: Correct. It's written into the agreement. I mean, I can share it with you. Vice Chair Russell: Okay. You are recognized Commissioner Carollo and then Commissioner Diaz de la Portilla. Commissioner Carollo: Now, Mr. Manager, with all due respect, when you say that eventually comes down, there's additional resolutions that this commission needs to reconsider. What I'm trying to get is the whole global solution that we could possibly have here because what I'm seeing is we're putting a driveway that's almost on top of the entrance to the MRC (Miami Riverside Center). On top of that, at least half a million dollars we're paying for it, so I need to get more answers. Tin not going to tell you that I'm going to be dead set against the rezoning on this. I need to have sufficient time to be educated on this to see what is the global solution for it. This administration, which you were not here before, but there's sufficient people that were left behind that everyone knows my statements before. I don't think we necessarily City of Miami Page 65 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 have gotten the best deal here. But having said that there may be other moving parts that might make it more entertaining to look at. But I need to know why we're out of our pocket having to put half a million dollars to change this and throw it on top of the entrance to our administration building, a whole driveway, when my understanding is we've always had that easement where we have it now. That was part of what we got with the property when it was acquired years ago. Vice Chair Russell: Mr. Manager? Mr. Noriega: Yes. So vacating the easement was always part of the development plan, obviously because they had acquired that site years ago and intended to rebuild it. The timing of it is as a result of the delays in terms of the rezoning, obviously and the movement on the entire redevelopment project, they've been anxious to move forward on the piece of property they already owned prior to this solicitation, or this particular agreement being executed. This is a means to facilitate that development, create an interim solution for the entrance and exit of -- it's really an ingress into the garage. All of the other moving pieces are still at play. But I'm happy to meet with you, Commissioner. In fact, we can start that conversation when we meet tomorrow. Commissioner Carollo: Yeah. Mr. Noriega: I mean 1-- and 1'll give you a bunch of information. Commissioner Carollo: That'll be fine. Mr. Noriega: That'll be -- Commissioner Carollo: But let me put this on the record. The delay is in their part, because what I last remember well over a year ago, well over maybe is two years ago, over two years ago, is when this item for rezoning was last up before this commission and they deferred it, and they never brought it back. It hasn't been put back in our agenda until now. So what's the rush? If they had a rush, why did they defer it backI think it was around January or so of 2019? And now is when it comes back, and everything is a rush. Well, I'm sorry. I need to get better educated on what the rush is. And I need to know where we're heading. What is the global solution that we're looking to do this that might make a bad deal, a better deal. Vice Chair Russell: Thank you. Commissioner Carollo: Or not at all. Vice Chair Russell: Commissioner Diaz de la -- no -- okay. I -- to my understanding of where this is coming from and where it's going to and why we're doing it. I'm in favor of moving forward. I will respect the body if there's a will for a deferral. But clearly what has happened here is a political -- a will -- a change of will in our direction from a political perspective, right, on where we should have our MRC. I just want to -- and that's fine. I want to make sure though, that the group that we were working with is -- that we're not putting ourselves in a corner. Because we tied up with them in the ballot language and beyond but, we are -- we're moving in a different direction now. So I'm trying to see if we can let them out of this so they can move on with their development, their as of right development. And I don't want us to be on the hook for having held them up unnecessarily. So I remember this part of it, the easement, the garage, the change, and it does seem like a waste because it's, you know, a half a million bucks that -- for a temporary fix while they do the development, but it was part of the original deal. So I want to make sure we're not putting ourselves in a situation to change it. City of Miami Page 66 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: I have a question of the administration. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: Is it half a million? Because I -- what I heard yesterday was anywhere between 100,000 to a million. So is it half a million dollars? Mr. Noriega: Yeah. The current estimate is just south of half a million dollars. Commissioner Diaz de la Portilla: So south of -- okay. Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: So 1 understand -- Mr. Noriega: 480, 000. Commissioner Diaz de la Portilla: -- why we just don't defer it and -- let's defer it and we talk about it then. Commissioner Carollo: And that's all I'm askingfor. Commissioner Diaz de la Portilla: Yeah. Just -- Commissioner Carollo: 1 don't see any danger at all. Vice Chair Russell: June 10th? Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: So June 10. Commissioner Carollo: For June loth. Commissioner Diaz de la Portilla: June 10 is fine. Vice Chair Russell: Alright. There's -- Commissioner Diaz de la Portilla: I -- I second it. Vice Chair Russell: -- already a motion. We have a motion and a second. Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: Right. Commissioner. Commissioner Carollo: And again, for the record, I'm not saying in any way that I will be against this if I can be shown logical, sound reasons why we have to do it, and why we're going to be the ones paying whatever it cost to do it, whether it is half a million or the up to a million that we originally thought. But for the record, the resolution that we're voting on, it says approximately half a million. So it could go back to a million and we're still stuck with it. Vice Chair Russell: Commissioner Watson? Commissioner Watson: Yeah. And the question, I guess I have was I just heard you say something. I remember when they -- it was about two years ago when they asked City of Miami Page 67 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 for -- for the -- Commissioner Carollo: Or more than two years ago. Commissioner Watson: So I just heard you, Commissioner, say that we're moving in a different direction. And I think what happens is that sometimes we get lambasted. We weren't here. We get lambasted. I didn't know it's moving in a different direction. I didn't know that conversation was concluded and so I don't -- I didn't understand the basis of the easement. And if that means they're moving without us having decided about the future of the MRC building, which after I visited, most feel we need to have a future in a different building. So is that a part of now that discussion or we just want to rule on that? Commissioner Diaz de la Portilla: Well, I think it's a lack of clarity from the administration. I think there's a lack of clarity from this administration as to where we're going. And I agree with Commissioner Carollo that if we don't know where we're going, why are we voting on stuff now if we don 't know where we're going? Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Right? So, why are we taking a turn when -- why are we taking a turn when -- Commissioner Watson: And it becomes piecemeal. Commissioner Diaz de la Portilla: -- we want to go in a different direction. It's piecemeal Commissioner Watson: Yeah, so, please come back and let us know that part and we can go on with the -- Vice Chair Russell: Alright. There's been a motion to the second -- Commissioner Carollo: (UNINTELLIGIBLE) (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Watson: (UNINTELLIGIBLE) manager was here -- Commissioner Carollo: For the record. Chair, through you, for the record. I'm not saying in any way that there is no clarity from the administration. I'm not saying that the developer is trying to hoodwink us, for a lack of a better word. All that I'm saying is that I need more information. What I'm seeing here, greatly concerns me, not just a price tag but for a road that is going to be on top of the entrance of our administration building. And I need to know who's going to be driving the vehicle that we're heading somewhere to. I need a global solution to know what that's going to be, or an approximate potential of a global solution, so that I can make an intelligent vote on this. That's all I'm saying. Commissioner Diaz de la Portilla: And that sort of begs the question, right? Are we going to have -- by June loth, are we going to have a conversation about what direction this administration is going to propose that we go? Does it stay there? Does it go on 7th Street? Does it go on -- lately I hear Miami Freedom Park. I'm hearing all kinds of conversations out there about where we end up, or our MRC ends up and this deal is obviously part of it. So by June 10th, are we going to know which way you -- where you want us to go? What you're going to recommend? City of Miami Page 68 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Noriega: I doubt we'll have that answer by June loth, but let me explain something. What I'm going to explain to each of you individually and 1 guess we -- we didn't do a good enough job in the briefings to explain it. This isn't mutually exclusive from that. Because remember that this is an easement that sits on a property they already own, right? So they are entitled to build on that site, right? We agreed as part of our development agreement to allow them to build on that site and to release those easements at some point. The issue of whether the MRC resides on that site and stays under the current plan, or we move it to another location, this has to be done either way. So it is exclusive of that. Does that make sense? Because remember, even if they were rebuilding the MRC on the site we have now, we have to stay in the current building until that building is done. So this easement release and the modification of the entrance and exit was always going to have to be done no matter what, right? So the concern is I think we're sort of bleeding the current versus the future plan of the location of the MRC with what's currently in the agreement and what, in essence, we agreed to with this developer as part of the development on the site they already own. Am I explaining it? Commissioner Watson: Yeah. Commissioner Diaz de la Portilla: Yeah, so -- Vice Chair Russell: It is. It's very clear and that was my concern that by encumbering them further when it's not related to our future decisions, we could be accused of holding up their project unnecessarily. And so that's why I -- I'd like to move forward on if we can, but I understand -- Commissioner Diaz de la Portilla: I think June 10th, is not that far away. Vice Chair Russell: The will is clearly here to defer it. Mr. Noriega: Yeah, look. I'll try to do a better job of explaining it clearly. Vice Chair Russell: No, you were clear. Mr. Noriega: We haven't done a good job of it, but -- but I want to give the Commissioner and whoever else wants to meet and do a little deeper dive a little better. I'll paint the picture a little better for you in terms of what we agreed to in the agreement, what's being proposed, and also a little more context to what we're working on relative to the future plans. Commissioner Watson: I think a bigger part of the commissioner's concern was is that supposed to be done on our dime? Mr. Noriega: Yes, sir. That's what we agreed to. Yes. Commissioner Carollo: Well, this is -- Commissioner Diaz de la Portilla: We weren't here, so. Mr. Noriega: I -- I wasn't -- Commissioner Diaz de la Portilla: Neither were you. Mr. Noriega: Again, I got to comply with the agreement that's in place. I -- you know, I'm not in a position to change it. So I'm working with what I have in front of me, but I -- it is our responsibility. Yes. City of Miami Page 69 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Thank you. Commissioner Carollo: And, Mr. Manager, let me be clear, what I'm looking for is to look at those contracts so that I could come to my own conclusion on what legally we're committed to. I will speak to you about it, the city attorney, of course, this is more up her alley and some additional information on when we have to do it, because Ion not so sure even if we're committed to that, we have to do it now. I want to see it that it says when we have to do it or not. Now as far as where we're moving, I agree with you we're not going to be ready to make decisions in that by the next meeting. But where I was getting to was, we at least have to have a sense of where this government wants to lead us to. Are we not going to do the rezoning? And then we need to know the fall out on that or are we going to do it and then what is the timetable to wherever we're going to go to? If they're going to build for us there. If we're going to go to 7th Street. If we're going to go to Antonio Maceo. We're going to go Jose Marti or wherever we're going to. And that we'll have time to discuss afterwards. But I'd like to come to some solutions on that this year because it going to take some time to build anything. Vice Chair Russell: Agreed. Motion to defer PH.5 to June 10th, has been moved and seconded. Is anyone here from the public like to speak on that deferral? Seeing none, I will close public comment. Any further comments on this? All in favor, say "aye?" The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Deferring PH.5. June loth. Alright. We are going to break for lunch. Shall we come back at 4 o'clock? Commissioner Carollo: 4 o 'clock is good. Vice Chair Russell: Alright. Commissioner Carollo: Thank you. Vice Chair Russell: See everyone there. END OF PUBLIC HEARINGS City of Miami Page 70 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE - RESOLUTIONS RE.1 RESOLUTION 8729 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), IN ACCORDANCE WITH AMENDMENT NO.4 EXPLANATIONS MEMORANDUM INCLUDING EXHIBITS "A" AND "B" THERETO COLLECTIVELY ATTACHED AND INCORPORATED, APPROVING, AUTHORIZING, AND DIRECTING THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT NO.4 IN ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2020-2021 MULTI- YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 24, 2020 PURSUANT TO RESOLUTION NO. R-20-0307, AS SUBSEQUENTLY AMENDED ON NOVEMBER 19, 2020 PURSUANT TO RESOLUTION NO. R-20-0387, ON DECEMBER 10, 2020 PURSUANT TO RESOLUTION NO. R-20-0409, ON JANUARY 28, 2021 PURSUANT TO RESOLUTION NO. R-21-0044, AND ON APRIL 22, 2021 PURSUANT TO RESOLUTION NO. R-21-0175 AND IN ACCORDANCE WITH THE CITY'S FINAL OPERATING BUDGET AS DEFINED BELOW; FURTHER DE -APPROPRIATING, RE - APPROPRIATING, AND APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH FOR ONGOING CAPITAL PROJECTS, PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING AN EFFECTIVE DATE. LRESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.1 was rolled over to the June 10, 2021, City Commission Meeting. City of Miami Page 71 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.2 RESOLUTION 9090 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR CONSIDERATION AT A SPECIAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021 PROPOSING TO AMEND SECTION 29-B OF THE CITY CHARTER, TITLED "CITY - OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE MARINE PARTNERS, LLC (D/B/A "MARINA PARC") FOR APPROXIMATELY TWENTY SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED GENERALLY AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218- 000-0030, 01-4218-000-0031, 01-4218-000-0010, 01-4217- 000-0110, AND 01-4217-000-0030 ("DEMISED PROPERTY") FOR AN INITIAL TERM OF FORTY FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM, INCLUSIVE OF BOTH RENEWALS, NOT TO EXCEED SEVENTY-FIVE (75) YEARS ("LEASE TERM"), AND PROVIDING FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (B) TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) ("BASE RENT"), PLUS A PERCENTAGE RENT EQUAL TO SIX PERCENT (6%) OF THE WET SLIP AND DRY STORAGE INCOME, SIX PERCENT (6%) OF FUEL SALES, AND FOUR PERCENT (4%) OF SUBLEASE INCOME AND OTHER INCOME RECEIVED FROM THE PROJECT ("PERCENTAGE RENT") PLUS ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES ("ADDITIONAL RENT"); AUTHORIZING THE USE OF THE DEMISED PROPERTY FOR A MIXED - USE WATERFRONT FACILITY INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARD, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City of Miami Page 72 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item RE.2 was deferred to the June 10, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.2, please see "Public Comments for all Item(s)." City, of Miami Page 73 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.2 RESOLUTION 9090 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR CONSIDERATION AT A SPECIAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021 PROPOSING TO AMEND SECTION 29-B OF THE CITY CHARTER, TITLED "CITY - OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE MARINE PARTNERS, LLC (D/B/A "MARINA PARC") FOR APPROXIMATELY TWENTY SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED GENERALLY AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218- 000-0030, 01-4218-000-0031, 01-4218-000-0010, 01-4217- 000-0110, AND 01-4217-000-0030 ("DEMISED PROPERTY") FOR AN INITIAL TERM OF FORTY FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM, INCLUSIVE OF BOTH RENEWALS, NOT TO EXCEED SEVENTY-FIVE (75) YEARS ("LEASE TERM"), AND PROVIDING FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (B) TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) ("BASE RENT"), PLUS A PERCENTAGE RENT EQUAL TO SIX PERCENT (6%) OF THE WET SLIP AND DRY STORAGE INCOME, SIX PERCENT (6%) OF FUEL SALES, AND FOUR PERCENT (4%) OF SUBLEASE INCOME AND OTHER INCOME RECEIVED FROM THE PROJECT ("PERCENTAGE RENT") PLUS ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES ("ADDITIONAL RENT"); AUTHORIZING THE USE OF THE DEMISED PROPERTY FOR A MIXED - USE WATERFRONT FACILITY INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARD, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City of Miami Page 74 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Carollo, Watson ABSENT: Diaz de la Portilla, Reyes City, of Miami Page 75 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.2 RESOLUTION 9090 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR CONSIDERATION AT A SPECIAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021 PROPOSING TO AMEND SECTION 29-B OF THE CITY CHARTER, TITLED "CITY - OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE MARINE PARTNERS, LLC (D/B/A "MARINA PARC") FOR APPROXIMATELY TWENTY SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED GENERALLY AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218- 000-0030, 01-4218-000-0031, 01-4218-000-0010, 01-4217- 000-0110, AND 01-4217-000-0030 ("DEMISED PROPERTY") FOR AN INITIAL TERM OF FORTY FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM, INCLUSIVE OF BOTH RENEWALS, NOT TO EXCEED SEVENTY-FIVE (75) YEARS ("LEASE TERM"), AND PROVIDING FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (B) TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) ("BASE RENT"), PLUS A PERCENTAGE RENT EQUAL TO SIX PERCENT (6%) OF THE WET SLIP AND DRY STORAGE INCOME, SIX PERCENT (6%) OF FUEL SALES, AND FOUR PERCENT (4%) OF SUBLEASE INCOME AND OTHER INCOME RECEIVED FROM THE PROJECT ("PERCENTAGE RENT") PLUS ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES ("ADDITIONAL RENT"); AUTHORIZING THE USE OF THE DEMISED PROPERTY FOR A MIXED - USE WATERFRONT FACILITY INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARD, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City of Miami Page 76 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item RE.2 was continued to the June 24, 2021, Citj Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.2, please see "Order of the Day." Vice Chair Russell: So we're going to break for lunch and take up the intervenor arguments after lunch -- Commissioner Carollo: Before you do -- Vice Chair Russell: -- because that'll be another hour, at least. Go ahead, Commissioner. Commissioner Carollo: Before you do, Mr. Chairman? Vice Chair Russell: Yes. Commissioner Carollo: I'd like to bring backRE.2 so that -- for the purpose or instead of deferring to the July 10th meeting, we can defer to, I think, July 24th, the last meeting in June. Vice Chair Russell: It's scheduled for June loth, actually. Commissioner Carollo: Right. That's why I want to bring it back so that we could defer for the June 24th meeting. Vice Chair Russell: You want it to wait longer to come back? Commissioner Carollo: That's right. June 24th. Vice Chair Russell: So the -- the concern is it won't make -- if -- if there's a will of this commission at all to do it, it wouldn't make the ballot deadline. Commissioner Carollo: It will. Vice Chair Russell: Yeah. Commissioner Carollo: On June 24th because -- yes. Todd B. Hannon (City Clerk): My apologies and no disrespect for the interruption. The deadline for the submittal of ballot questions is September 3rd, close of business. Vice Chair Russell: Correct. But in order for us to beat the August break, we would need to place it -- pass a resolution placing it on the ballot by the second meeting in July; am I correct? Mr. Hannon: Or -- or a special meeting. City of Miami Page 77 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Or a special meeting, yeah. Commissioner Carollo: What I'm talking about is putting it for June the 24th. Vice Chair Russell: So -- Commissioner Carollo: There'd be plenty of time. Vice Chair Russell: But the -- the item isn't the actual ballot language, it's just direction to the attorney to draft. Commissioner Carollo: Right. Vice Chair Russell: Okay. So we need a motion of someone who was here to reconsider the item. Commissioner Watson: So moved. Vice Chair Russell: There's been a -- there's been a motion to reconsider RE.2 's deferral, which was set for June IOth. Commissioner Carollo: Right. Vice Chair Russell: We do it that way even though we batched the actual initial vote? Commissioner Carollo: Exactly. Mr. Hannon: Yes sir. Vice Chair Russell: Alright. Seconded by Commissioner Carollo, I assume. Commissioner Carollo: Yes. Vice Chair Russell: All in favor, say "aye?" The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes for reconsideration of the deferral. Commissioner Carollo: I'll make a motion now so that we could defer it to the June 24th meeting, which is the last meeting in June. Vice Chair Russell: Thank you. And -- and the -- the reason is to give the administration more time to negotiate with the -- best deal for the City or -- Commissioner Carollo: And for -- and for us to look at a closer. I want to look into it deeper. Vice Chair Russell: Understood. Fair enough. Is there -- is there anyone here who'd like to speak on that deferral with regard to changing of the date? Seeing none, I'll close public comment. Any comments on the dais on the June 24th request? Mr. Hannon: Chair, I didn't get a second. I'm sorry. Vice Chair Russell: I'll second it. Motion by Commissioner Carollo to defer to June 24th. Seconded by the Chair. Any further discussion? All in favor, say "aye?" City of Miami Page 78 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Commissioner Watson: Mr. Chair? Oh, I'm sorry. Go ahead. RE.3 RESOLUTION 8936 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, AND APPROPRIATE A TOTAL AMOUNT ESTIMATED TO BE ONE MILLION TWO HUNDRED FIFTY THOUSAND NINE HUNDRED SIXTY-FOUR DOLLARS ($1,250,964.00) ("SERVICE FUNDS") FROM THE STATE OF FLORIDA'S AGENCY FOR PERSONS WITH DISABILITIES ("APD") TO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION ("PARKS") FOR PARKS' LIFE SKILLS DEVELOPMENT— LEVEL 3: ADULT DAY TRAINING ("ADT") PROGRAM AND TRANSPORTATION SERVICES FOR PERSONS WITH DISABILITIES (COLLECTIVELY, "SERVICES AND PROGRAMS"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ACCOUNT TITLED "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED 2021-2026" TO FUND SERVICES AND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED ADMINISTERED BY PARKS; AUTHORIZING THE CITY MANAGER TO CREATE A NEW PROJECT NUMBER FOR THE SERVICES AND PROGRAMS, TO CREATE THE NECESSARY BUDGETING AND ACCOUNTING STRUCTURE TO ACCOUNT FOR THE SERVICE FUNDS IN ACCORDANCE WITH THE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AND TO COMPLY WITH APD REQUIREMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEDICAID WAIVER PROVIDER RENEWAL AGREEMENT ("AGREEMENT") WITH THE APD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, DELEGATIONS OF AUTHORITY, AND MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE SERVICE FUNDS FOR SAID PURPOSES FOR THE PERIOD COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2026 FOR THE SERVICES AND PROGRAMS. ENACTMENT NUMBER: R-21-0206 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: Vll move to RE.3, accept reimbursement grant programs for the developmentally disabled. Commissioner Diaz de la Portilla: Move. City of Miami Page 79 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.4 8839 Department of Resilience and Public Works Commissioner Carollo: Second. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Carollo. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Commissioner Watson: Can you list me -- can 1 be listed as a co-sponsor? Vice Chair Russell: Listed as a co-sponsor for RE.3, that's Commissioner Watson. Motion passes. Commissioner Diaz de la Portilla: Me as well, co-sponsor. Commissioner Carollo: Include me also. Vice Chair Russell: And Commissioner Carollo and Diaz de la Portilla. RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A ROADWAY TRANSFER AGREEMENT ("AGREEMENT") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO ACCEPT JURISDICTION OF STATE ROAD ("SR") 934/NORTHEAST BAYSHORE DRIVE/NORTHEAST 82ND STREET FROM SR 934/NORTHEAST 79TH STREET TO NORTH MIAMI AVENUE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACCOMPLISH SAID TRANSFER FROM FDOT'S STATE HIGHWAY SYSTEM TO THE CITY OF MIAMI'S STREET SYSTEM AS STATED IN THE AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "A"; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see "Order of the Day." City of Miami Page 80 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.5 RESOLUTION 9005 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, AND APPROPRIATING A CONTRIBUTION OF FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) OVER A FOUR (4) YEAR PERIOD FROM THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA"), AS REFERENCED IN MIAMI DDA RESOLUTION NO. 022/2018, ATTACHED AND INCORPORATED AS EXHIBIT "A", FOR THE FLAGLER STREET BEAUTIFICATION AND RECONSTRUCTION PROJECT AND APPROPRIATING SAID FUNDS TO THE CITY OF MIAMI'S ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B30606 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE AND FOR ALL NECESSARY BUDGETARY AND FINANCIAL COMPLIANCE PURSUANT TO FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-21-0207 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: RE.5, accept funds Flagler Street beautification and reconstruction project. Commissioner Carollo: Move. Commissioner Diaz de la Portilla: Moved. I'm sorry. Second. Vice Chair Russell: Moved by Commissioner Corolla, seconded by Commissioner Dias de la Portilla. That's a million bucks from the DDA (Downtown Development Authority). Thank you very, much. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 81 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.6 RESOLUTION 9058 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO- SPONSORING THE SHOWING OF THE FILM TITLED "PLANTADOS" AT THE CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN AS THE HISTORIC OLYMPIA THEATER ON A DATE TO BE DETERMINED AND APPROVED BY THE CITY MANAGER ("EVENT"); WAIVING CERTAIN CITY FEES AND COSTS ASSOCIATED WITH THE EVENT INCLUSIVE OF FACILITY RENTAL FEES. ENACTMENT NUMBER: R-21-0208 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: RE.6, co -sponsoring the showing of the film titled Plantados. Commissioner Carollo: Move. And if you could show me -- Commissioner Diaz de la Portilla: Second. Commissioner Carollo: -- as a co-sponsor, please. Commissioner Diaz de la Portilla: Me too as a co-sponsor, please. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. Commissioner Watson: Me too. Vice Chair Russell: Co-sponsorship by both. Yes, Todd? Commissioner Diaz de la Portilla: By all three. I think by Commissioner Watson too. Todd B. Hannon (City Clerk): And Chair, I have a memo here dated May 26th, regarding a substitution, for RE.6. Vice Chair Russell: Go ahead. Mr. Hannon: Item RE.6, in the May 27th, 2021, City Commission agenda request that the City of Miami co-sponsor the showing of the film Plantados at the City -owned property known as Historic Olympia Theatre. The item has been updated to include the showing of the fihn at either the Historical Olympia Theater, Manuel Artime Theatre, or other City -owned facility approved by the City Manager and on a date to be determined and approved by the City Manager. The item also waives the facility rental fees associated with the event. Vice Chair Russell: Just for clarification, is that either/or, or the option is shown at all of them? Commissioner Carollo: No. Either/or. City of Miami Page 82 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: So it'd be shown at one facility and one place? Victoria Mendez (City Attorney): As drafted, the manager has that flexibility that it could be any of the facilities. Vice Chair Russell: Okay. Because it didn't -- Ms. Mendez: As drafted. It was a very good question that you asked about that. Vice Chair Russell: Alright. Ms. Mendez: As drafted. It has flexibility. Vice Chair Russell: Gladly. I don't think it's a problem. Does the mover and seconder accept the substitution? Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: Great. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on RE. 6. City of Miami Page 83 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.7 RESOLUTION 9016 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDING, ON A REIMBURSEMENT BASIS, IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS FOR FUNDING THROUGH THE AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES' CITY ACQUISITION OF LAND STRATEGY ("ACQUISITION STRATEGY"), ATTACHED AND INCORPORATED AS EXHIBIT "A"; FURTHER ALLOCATING FUNDING, ON A REIMBURSEMENT BASIS, IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS FOR FINANCIAL ASSISTANCE THROUGH THE AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES' AFFORDABLE NEW CONSTRUCTION RENTAL STRATEGY ("RENTAL STRATEGY"), ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR PROJECTS THAT HAVE APPLIED FOR AND HAVE RECEIVED LOW INCOME HOUSING TAX CREDITS; ALL ALLOCATIONS MUST BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY OF MIAMI ("CITY") LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT LIMITED TO THE CITY'S AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES, THE MIAMI FOREVER LIMITED AD VALOREM BONDS FINAL VALIDATION ORDER OF DECEMBER 16, 2019, THE TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS, AND THESE ALLOCATIONS ARE IN ADDITION TO THE AMOUNT PREVIOUSLY ALLOCATED FOR THE PREVIOUSLY ALLOCATED PROJECTS; FURTHER DIRECTING THE CITY MANAGER AND THE ADMINISTRATION TO DEVELOP AND REVISE, AS NECESSARY OR APPROPRIATE, ANY AND ALL NECESSARY DOCUMENTS, RULES, REQUIREMENTS, GUIDELINES, AND REGULATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, IN ORDER TO IMPLEMENT THE FUNDING UNDER THE ACQUISITION STRATEGY AND RENTAL STRATEGY (COLLECTIVELY, "STRATEGIES"), SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; THE FORGOING IS SUBJECT TO THE ADMINISTRATION IDENTIFYING AND PRESENTING TO THE CITY COMMISSION THE SPECIFIC PROJECTS FOR THE STRATEGIES THAT WILL BE RECEIVING BOND FUNDS PURSUANT HERETO; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 84 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item RE.7 was deferred to the June 10, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.7, please see "Order of the Day." RE.8 RESOLUTION 9083 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDING ON A REIMBURSEMENT BASIS IN AN ADDITIONAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS TO BLOCK 55 OWNER, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), FOR THE AFFORDABLE HOUSING COMPONENTS OF A 19-STORY, HIGH RISE MIXED USE COMMERCIAL AND RESIDENTIAL COMPLEX PROJECT TO BE LOCATED AT 249 NORTH WEST 6TH STREET, TO BE KNOWN AS "SAWYER'S LANDING" OR "BLOCK 55" ("PROJECT"), BEING DEVELOPED BY THE DEVELOPER UPON FULFILLMENT BY THE DEVELOPER OF ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE COLLECTIVE MEMORANDA TO THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A"; SUCH ALLOCATION TO BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT LIMITED TO THE CITY'S AFFORDABLE HOUSING BONDS PROJECTS STRATEGIES, THE TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, IN ORDER TO ALLOCATE THE CITY'S MIAMI FOREVER BOND FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0209 City of Miami Page 85 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes RE.9 RESOLUTION 9084 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REQUEST BY THE COCONUT GROVE VILLAGE COUNCIL AND AUTHORIZING THE CITY CLERK TO REQUEST THAT THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS PLACE THE SLATE OF CANDIDATES FOR ELECTION TO THE COCONUT GROVE VILLAGE COUNCIL ON THE NOVEMBER 2, 2021 CITY OF MIAMI GENERAL MUNICIPAL ELECTION BALLOT AT THE APPROPRIATE PRECINCT(S), CONTINGENT UPON THE COCONUT GROVE VILLAGE COUNCIL MEETING ALL CRITERIA SET FORTH BY THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS. ENACTMENT NUMBER: R-21-0210 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: RE.9, and Pm skipping over some that I know are going to take a little more time. So RE.9, Coconut Grove Village Council election. Is there a motion for RE.9? Commissioner Carollo: Move. Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 86 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.10 RESOLUTION 9088 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES ARMY CORP OF ENGINEERS TO ACCELERATE THE COMPLETION OF THE RE-EVALUATION OF LAKE OKEECHOBEE OPERATIONS BASED ON CERTAIN CRITERIA AND PURSUANT TO THE NATIONAL ENVIRONMENTAL POLICY ACT ASSESSMENT FOR THE LAKE OKEECHOBEE SYSTEM OPERATING MANUAL TO IMPROVE WATER QUALITY, PRESERVE THE NATURAL ENVIRONMENT, AND PROTECT OUR WATER SUPPLY; URGING THE ADMINISTRATION OF PRESIDENT JOSEPH BIDEN TO COMPLETE THE FEDERAL FUNDING MATCH FOR EVERGLADES RESTORATION. ENACTMENT NUMBER: R-21-0211 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: RE.10, I have an amendment. A floor amendment for RE.10. This is the -- Commissioner Carollo: I move. Vice Chair Russell: Thankyou. Moved by Commissioner Carollo, seconded by the Chair. Here's a couple of amendments, Madam City Attorney. This is with regard to our recommendations to the Army Corps on Lake Okeechobee operations. In the whereas, there is a phrase that says toxic algae blooms are harmful to the environment, I'd like to say harmful to human health and the environment. On Number 6, I'd like to strike and replace Number 6 in the list of recommendations with this phrase, maximum discharge of water south through treatment into the Everglades and down to Everglades National Park and Florida Bay during the dry season -and and, then it can continue on. Commissioner Diaz de la Portilla: Can -- can you read the whole thing? Vice Chair Russell: Yes. Let me just pull it up. Alright. So this is now, therefore, be resolved by the City -- by the Commission of the City of Miami, Florida. Section 2, the City Commission strongly urged US Army Corps to accelerate completion of the re- evaluation of Lake Okeechobee operations, implementing ofLOSOM (Lake Okeechobee Systems Operations Manual) as soon as possible, based on the following. And then it lists 1 through 8 recommendations. Number 6, simply said, maximum discharge of waters south through the Everglades agricultural area. And we amended that to say maximum discharge of water south through treatment into the Everglades and down to Everglades National Park and Florida Bay during the dry season. Commissioner Diaz de la Portilla: So you're requiring treatment of the sewage of the Vice Chair Russell: Yes. And they have that in their plan. And it's a natural -- Commissioner Diaz de la Portilla: Educate me here, I just want to make sure that City of Miami Page 87 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 you're not adding an -- Vice Chair Russell: No. Commissioner Diaz de la Portilla: -- additional step. Vice Chair Russell: No. This is. Commissioner Diaz de la Portilla: Okay. That's going to be costly. Vice Chair Russell: No, this is their -- this is in their recommended plan. And they have a -- they've already acquired the land to treat it through natural methods. So, yes, we're just making sure that they continue through with that. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: And number 9, I'd like to add in addition to the 8. Rejection of alternative BB, and what this means is the Army Corps is recommending various models. They have a whole list of models, and all the different cities are weighing in models they don't like or like. And nearly everybody is in rejection of alternative BB, which pretty much keeps the status quo of all the water flowing out to the estuaries on the east and west, harming both Stuart and Tampa and everybody, and minimal water heading south. Commissioner Diaz de la Portilla: But that -- was that the State legislature's proposal that it will go to the south initially? Vice Chair Russell: Yes. Yes. The State legislature is trying to maximize the proposal of the south. DeSantis, in fact, has gone very far to say he wants to see it go to the south. An alternative BB is the one that we believe is the worst of all the options because it minimizes that and keeps it status quo. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: So the wording would be rejection of alternative BB as it protects status quo operations that limit water flow to the Everglades in the dry season and lead to increased damaging discharges in the wet season. And those are all the amendments that I had. Does the mover accept, seconder as well? Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very, much. City of Miami Page 88 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 RE.11 RESOLUTION 9089 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL NECESSARY STEPS TO CREATE A DEDICATED ROWING LANE AND MOTORIZED VESSEL EXCLUSION ZONE, FINALIZE THE CREATION AND MAINTENANCE OF A NO -WAKE ZONE, AND ESTABLISH A MOORING FIELD OF NO MORE THAN FIFTY (50) VESSELS WITHIN THE MARINE STADIUM BASIN AND TO PRESENT THE FINALIZED PLAN TO THE CITY COMMISSION FOR CONSIDERATION AND FURTHER ACTION. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item RE.11 was deferred to the June 10, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.11, please see "Order of the Day." END OF RESOLUTIONS City of Miami Page 89 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 8454 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS, AND ASSIGNS A NON- EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF MIAMI ("CITY") AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR PAYMENTS TO THE CITY DURING A TERM OF TWENTY (20) YEARS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.1 was rolled over to the June 10, 2021, City Commission Meeting. SR.2 ORDINANCE Second Reading 8727 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY AND WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS OVER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND REPORT ANNUAL ENERGY AND WATER BENCHMARKING TO THE CITY OF MIAMI; PROVIDING FOR EXEMPTION OF CERTAIN BUILDING TYPES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item SR.2 was deferred to the June 10, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.2, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 90 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 SR.3 ORDINANCE Second Reading 8867 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-87 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/PROFESSIONAL SERVICES AS DEFINED IN F.S. § 287.055, AS AMENDED FROM TIME TO TIME; AWARD OF CERTAIN PROFESSIONAL AGREEMENTS NOT EXCEEDING $500,000.00 BY THE CITY MANAGER", TO PROVIDE A CONSULTANT QUALIFICATION PROCESS, A CONSULTANT WORK PERFORMANCE EVALUATION SYSTEM, INCLUDING THE REQUIREMENTS, TERMS, AND CONDITIONS OF SUCH A SYSTEM, PROCEDURES TO ADDRESS NONCOMPLIANCE, AND THE UPDATING OF CERTAIN TERMINOLOGY THEREIN; FURTHER AMENDING SECTION 18-89 OF THE CITY CODE, TITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS", TO PROVIDE A CONTRACTOR WORK PERFORMANCE EVALUATION SYSTEM, INCLUDING THE REQUIREMENTS, TERMS, AND CONDITIONS OF SUCH A SYSTEM, PROCEDURES TO ADDRESS NONCOMPLIANCE, AND THE UPDATING OF CERTAIN TERMINOLOGY THEREIN; FURTHER TO ESTABLISH A NEW SECTION 18-123 OF THE CITY CODE, TITLED "QUALITY CONTROL PLAN FOR CONSULTANTS AND CONTRACTORS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article Il, Section 2-33(k), Miami City Code, item SR.3 was rolled over to the June 10, 2021, City Commission Meeting. SR.4 ORDINANCE Second Reading 8892 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS", BY ESTABLISHING A NEW ARTICLE XII, TITLED "FENCE REQUIREMENTS FOR DISTRICT 4", TO CREATE A PILOT PROGRAM FOR FENCING AND LOT MAINTENANCE IN DISTRICT FOUR (4); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami Chi Code, item SR.4 was rolled over to the June 10, 2021, City Commission Meeting. City of Miami Page 91 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 SR.5 ORDINANCE Second Reading 8897 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GREEN INITIATIVES/FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA-FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH STATE OF FLORIDA LAWS; TO PROVIDE FOR COMPLIANCE WITH MIAMI- DADE COUNTY LAWS; TO PROVIDE FOR DEFINITIONS; AND TO PROVIDE FOR OTHER GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.5 was rolled over to the June 10, 2021, City Commission Meeting. END OF SECOND READING ORDINANCES City of Miami Page 92 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 9082 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE VI, TITLED "MASSAGE ESTABLISHMENTS," REGULATING THE HOURS OF OPERATION OF STAND ALONE MASSAGE PARLORS LOCATED IN THE CITY OF MIAMI; MORE PARTICULARLY BY CREATING SECTION 31-100, TITLED "DEFINITIONS"; SECTION 31-101, TITLED "MASSAGE ESTABLISHMENTS — PROHIBITED PRACTICES"; SECTION 31-102, TITLED "PENALTIES"; SECTION 31-103, TITLED "CUMULATIVE REMEDIES"; SECTION 31-104, TITLED "IMMUNITY"; SECTION 31-105, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item FR.1 was deferred to the June 10, 2021, City Commission Meeting. Vice Chair Russell: Commissioner Carollo, you had a request of deferral for something? Commissioner Carollo: We have two ordinances that are about the same issue with some differences in each of them. I would like to defer both of those ordinances until Commissioner Reyes is here so we can have a full commission in discussing them. Vice Chair Russell: That's FR.1 and FR.3? Commissioner Carollo: That's correct. Vice Chair Russell: Motion to defer. Commissioner Diaz de la Portilla: And 1'l1 second -- I'll second that motion. Vice Chair Russell: Seconded by Commissioner Diaz la Portilla. Is there any discussion on this item from the public? Seeing none, I'll close public comment. Any further discussion? All in favor, say "aye?" The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? To June 10, correct? City of Miami Page 93 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Carollo: June 10th. That's correct. Vice Chair Russell: Yes. Victoria Mendez (City Attorney): Commissioner Carollo, I just wanted to let you know on your item, I have to delete two words, so I'll fix it for the next one, opposite sex. Commissioner Carollo: I appreciate that you would. Ms. Mendez: I apologize for that. Commissioner Carollo: Thank you. Ms. Mendez: Thankyou. Commissioner Carollo: Thats fine. Vice Chair Russell: Thank you. FR.2 ORDINANCE First Reading 9094 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD;" MORE PARTICULARLY BY AMENDING SECTIONS 2-1052 AND 2-1053 TO REVISE MEMBERSHIP COMPOSITION AND SELECTION PROCEDURES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item FR.2 was rolled over to the June 10, 2021, City Commission Meeting. City of Miami Page 94 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 FR.3 ORDINANCE First Reading 9101 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES -MISCELLANEOUS"; MORE PARTICULARLY BY ADDING A NEW ARTICLE II AND SECTIONS 37-100 THROUGH 37-111 TO REGULATE MASSAGE ESTABLISHMENTS; PROVIDING FOR DEFINITIONS, REGULATIONS, AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item FR.3 was deferred to the June 10, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1. END OF FIRST READING ORDINANCES City of Miami Page 95 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 AC.1 9096 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MAY 27, 2021 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF CHALKS AIRLINE, INC. V. CITY OF MIAMI, CASE NUMBER 17-023207-CA-01, AND CHALKS AIRLINE, INC. AND NAUTILUS ENTERPRISES, LLC V. MIAMI SPORTS AND EXHIBITION AUTHORITY AND CITY OF MIAMI, CASE NUMBER 18-030887-CA-01, BOTH PENDING IN THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ARTHUR NORIEGA, V; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND SENIOR ASSISTANT CITY ATTORNEYS CHRISTOPHER A. GREEN, GEORGE K. WYSONG III, AND KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE CITY COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: For minutes referencing Item Number AC.1, please see "Order of the Day." END OF ATTORNEY -CLIENT SESSION City of Miami Page 96 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 BU.1 8136 Office of Management and Budget BU - BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BU.1 was rolled over to the June 10, 2021, City Commission Meeting. END OF BUDGET City of Miami Page 97 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 DI.1 9059 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM ANNUAL BOARD REPORT ORAL PRESENTATIONS TO THE CITY COMMISSION FROM THE FOLLOWING: 1. URBAN DEVELOPMENT REVIEW BOARD RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DL1 was rolled over to the June 10, 2021, City Commission Meeting. DI.2 DISCUSSION ITEM 7084 Commissioners and Mayor A DISCUSSION REGARDING THE DOWNTOWN DEVELOPMENT AUTHORITY. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DL2 was rolled over to the June 10, 2021, City Commission Meeting. DI.3 DISCUSSION ITEM 7091 Commissioners and Mayor A DISCUSSION REGARDING THE CONSOLIDATION OF THE COMMUNITY REDEVELOPMENT AGENCIES. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article 11, Section 2-33(k), Miami City Code, item DL3 was rolled over to the June 10, 2021, City Commission Meeting. END OF DISCUSSION ITEMS City, of Miami Page 98 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PZ.1 PART B: PZ - PLANNING AND ZONING ITEM(S) ORDINANCE Second Reading 3698 MAY BE WITHDRAWN Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH and Mayor- PZ ATTACHMENTS, AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.2 9047 Department of Planning ENACTMENT NUMBER: 13782 MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REPEALING ORDINANCE NO. 13782, IMPROPERLY ADOPTED BY SMALL-SCALE AMENDMENT PROCEDURES PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, ON JULY 26, 2018, AS PROVIDED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: Alright. And then PZ.2, this would be the only other PZ (Planning and Zoning) -- well, no we have PZ.10 as well. PZ.2, what is the action necessary there? City of Miami Page 99 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Cesar Garcia -Pons (Director, Planning): To repeal, sir. Vice Chair Russell: For repeal. Is there a motion on PZ.2 please? Is there a motion on PZ.2? Commissioner Diaz de la Portilla: Do you want me to move it? Commissioner Carollo: A motion on PZ.2? Vice Chair Russell: Yes. Mr. Director, you need this rescinded correctly -- correct? Mr. Garcia -Pons: Yes, sir. Commissioner Diaz de la Portilla: I will move it then. Mr. Garcia -Pons: It was related to PZ.1, so this was the ordinance that was passed that is no longer required. Vice Chair Russell: Got it. So PZ.1 was withdrawn PZ.2 rescinded. Commissioner Watson: Second. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: Yes, so I'll move it for you. Vice Chair Russell: Thank you. Moved -- Commissioner Carollo: Second. Vice Chair Russell: -- by Commissioner Diaz la Portilla, second by Commissioner Watson. Any further discussion? Do you need anything read through the record? Barnaby Min (Deputy City Attorney): Yes, sir. Vice Chair Russell: Go ahead. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chair Russell: Thank you. All in favor, say aye." The Commission (Collectively): Aye. Vice Chair Russell: Anv opposed? Motion passes on PZ.2. City of Miami Page 100 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PZ.3 RESOLUTION 8849 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NONCONFORMING USE PILOT PROGRAM," TO ALLOW THE RE - ISSUANCE OF A CERTIFICATE OF USE FOR NONCONFORMING USES THAT HAVE LAPSED FOR A PERIOD OF MORE THAN EIGHTEEN (18) MONTHS AND LESS THAN FIVE (5) YEARS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 116 NORTHWEST 52 STREET AND 123 NORTHWEST 51 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item PZ.3 was deferred to the July 22, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 101 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PZ.4 ORDINANCE First Reading 4196 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item PZ.4 was Commission Meeting. continued to the June 24, 2021, City Vice Chair Russell: Moving on, PZ.6 and PZ. 7. We're going to do the intervenor status. Yes. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: Before we get into that, I believe there is a request to defer PZs (Planning and Zoning) 4 and 5? Am I correct, Mr. Director? Is there a requested to defer PZ.4 and 5? Cesar Garcia -Pons (Director, Planning): Yes, sir. Vice Chair Russell: Is there a motion to defer PZ.4 and 5? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by the Chair. Commissioner Carollo: It's a motion to defer? Vice Chair Russell: To defer. Commissioner Carollo: Which one? Vice Chair Russell: PZ.4 and PZ.5. It's in your district. The director is asking. Commissioner Carollo: My district. I will let Mr. Diaz la Portilla get in my district now. Commissioner Diaz de la Portilla: We always do, right? City of Miami Page 102 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Everybody gets in the different districts. Commissioner Carollo: What's that? Commissioner Diaz de la Portilla: Everybody gets in different districts, because it's citywide. We are commissioners for the city of Miami, not for any district. Commissioner Carollo: Yeah. Let's all remember that. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: No problem. Deferrals should always be given for the right reason. And I'm sure this is the right reason for this deferral. Vice Chair Russell: What to what date, Mr. Director? Mr. Garcia -Pons: June 24. Vice Chair Russell: Mover agrees? Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: Seconder? Who was the seconder? Todd B. Hannon (City Clerk): You are Chair. Vice Chair Russell: Thank you. Seconder agrees. All in favor, say "aye? " Any opposed? Motion passes deferral PZ.4 and PZ.5. Commissioner Carollo: Mr. Riley's not representing them anymore, correct? Vice Chair Russell: Who? I believe Mr. Javier Vasquez is -- Commissioner Carollo: Okay. Vice Chair Russell: -- is representing. Commissioner Carollo: That's what I thought. Okay. City of Miami Page 103 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PZ.5 ORDINANCE First Reading 4201 Department of Planning PZ.6 7226 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT - OPEN, TO "T6-8-O," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item PZ.5 was continued to the June 24, 2021, City Commission Meeting. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE 0.96 ± ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13999 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: A motion was made by Commissioner Watson, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Reyes absent, to grant Shirley Gibson Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.6. City of Miami Page 104 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Note for the Record: A motion was made by Commissioner Watson, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Reyes absent, to grant Courtney Berrien, Jena Saul and Anthony Vinciguerra Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ. 6. Note for the Record: For additional minutes referencing Item Number PZ.6, please see "Public Comments for all Item(s). " Vice Chair Russell: So now we'll move to public comment, but before we open up the floor for general public comment, I understand there's one item on which intervenor status is being sought, and that is PZ.6 and PZ.7. So I'd like to address that issue first. And for those ofyou who weren't here before, it's so that we can distinguish who is going to be speaking as the general public this morning and who should wait and speak as an intervenor with elevated status on the item. Intervenor status is where somebody is granted additional rights to interact on the item based on them having a heightened level of impact from the requested application. So, Mr. Winker, good morning. David Winker: Good morning. Happy to be here. Vice Chair Russell: You are representing clients on this issue, PZ.6 and 7, and you're seeking intervenor status for them; is that correct? Mr. Winker: Yes. Residents that live within 500 feet, and I'd like to put on a little bit of evidence. I have a -- Vice Chair Russell: Before we get into the evidence, could you list the names of the people that you would like to seek intervenor status for because they can be -- Mr. Winker: For sure. Vice Chair Russell: -- they can -- they may all be granted or some of them may be granted or none of them may be granted -- Mr. Winker: Perfect, yes. Vice Chair Russell: -- based on the decision of the Commission. Mr. Winker: You've got to these are the individuals who are here and ready to give evidence. Give me just a second. Okay. Jennifer Rolls, her daughter, Brandice Rolls, Janice Saul, Shirley Gibson, Williams Armbrister, Marvin Dunn, Juanita Rumph, Courtney Berrien, Anthony Vinciguerra, Kristine Stump, Rafael Mendoza, Nichole Calle, Cliff Hawkins, and Alora Graham. Unidentified Speaker: Mr. Chair. Commissioner Diaz de la Portilla: Mr. Chair. Mr. Chair. Vice Chair Russell: Do you have that list in writing? Mr. Winker: No, but could forward it to whoever you want me to. Vice Chair Russell: You're recognize Mr. Lago? Commissioner Diaz de la Portilla: Well, I need -- I have a question for Mr. Winker. Vice Chair Russell: Sorry, yes. City of Miami Page 105 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Because you asked for who was -- I need addresses. Are you going to provide us with addresses? Mr. Winker: Correct. Commissioner Diaz de la Portilla: And are you representing them pro bono, or did you solicit those clients, or did they come to you? Mr. Winker: They came to me; representing then pro bono and what I thought would be helpful -- Vice Chair Russell: You need a microphone, sir -- Mr. Winker: -- is I have a (UNINTELLIGIBLE) -- Vice Chair Russell: No, Mr. Winker. so you can be -- be captured on the record -- Mr. Winker: -- I have a -- a map here that represents everyone living within 500 feet and I was going to have them come forward, give their address and then talk about their -- you know, how this has an -- an adverse impact on them different than the community in general. Vice Chair Russell: So everyone you listed is -- lives directly on this map? Mr. Winker: Correct. They'll point on the map -- what I --1'm going to ask them to come up. They'll point on the map and then talk about their evidence. Commissioner Diaz de la Portilla: So everyone that -- Mr. Chair. Mr. Winker, everyone that you mentioned when you were looking at your phone, lives in that area within 500 feet? Mr. Winker: Yes. Yes, they do. They live within -- everyone who's going to he speaking. Again, is going to come up here and show you on the map where they live. Commissioner Diaz de la Portilla: Okay, so we're going to hear from Mr. Lago? Vice Chair Russell: Yes. Carlos Lago: Mr. Chair, we would request some additional time. We need the names and the addresses in order to prepare for the intervenor arguments. You know, this is the first time we hear of this list. It's a quite lengthy list. So, you know, if we could just get that name and that address and then have that intervenor argument, you know, I -- Vice Chair Russell: Mr. Winker, you must have -- you must have the list somewhere, either digitally, on your computer or otherwise. Mr. Winker: Like I said, I could e-mail it to the Clerk or e-mail it to -- however you guys want to handle it. Vice Chair Russell: So what I'd like to do is -- is so that -- so that the applicant's counsel can fairly assess who is being -- who is requesting intervenor status. If you can provide that list to the Clerk and the applicant's counsel at this time. What I'll do to give us time to get through that is I'll open the floor for general public comment on all other items and then come back to this item. That'll give some fair time. This is a quasi-judicial process, so we need to make sure it's all legally sound and binding. City of Miami Page 106 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Well, my concern -- Vice Chair Russell: Yes, sir. Commissioner Diaz de la Portilla: -- that's why I asked for the addresses, right. My concern is that I'm looking at lobbyist registration and I don't see Mr. Winker registered to lobby for any of these people. Mr. Winker: Would you like me to address that? Commissioner Diaz de la Portilla: I don't see Mr. Winker registered to lobby for all the names that he outlined right now. Mr. Winker: Yeah, the -- under the City code, in a -- in a quasi-judicial PZAB (Planning, Zoning and Appeals Board) hearing, registration is not required under the -- as a lobbyist. And I did register initially for two of the initial clients just so I would put it in there. But, yes, the registration is not required. Commissioner Diaz de la Portilla: So, so one of the -- well -- Vice Chair Russell: Just a moment -- Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE). Vice Chair Russell: -- just a moment, Commissioner. Just a moment Commissioner. Madam City Attorney, Mr. Winker has given an opinion that lobbyist registration is not required for this type of item, for this type of -- Victoria Mendez (City Attorney): Right so there is a little bit of conflict between when and how he's supposed to register it. Unfortunately, that's his ethical issue. He is allowed to represent people in quasi-judicial matters. But whether he pays the fee, whether he registers fully, that's an issue that -- it's his issue. We can't stop him from representing people. But that -- Vice Chair Russell: You don't have an opinion as to whether or not -- Ms. Mendez: That's not my opinion -- Mr. Winker: -- the lobbyist -- Ms. Mendez:: Right, it's not my opinion to give, it's the Ethics Commissions -- Mr. Winker: City Attorney, can I clarify on that? Vice Chair Russell: Just a moment Mr. Winker -- just a moment. Commissioner Diaz de la Portilla: That's not the question -- Vice Chair Russell: You're recognized, Commissioner Diaz de -- Commissioner Diaz de la Portilla: Thank you, Chairman. If you register for two, but you didn't register for the others at some point, you thought that you had to register, right? Because you were registered for some but not for others. I mean, you can't be half pregnant, right? So the question becomes, why didn't you register for all of them or for none of them? Mr. Winker: Because I registered for the two initial and then I was told by the Clerk City of Miami Page 107 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 that there's been a change. And individuals -- representing individuals is not -- you're not required to register. So 1 didn't bother to register for everybody on there. So the idea is -- and 1-- we can clam with the city attorney, you do not have to register in a quasi-judicial hearing. And in an abundance of caution, Ilike to register. I like people to look up and say, okay, this is Winker. This is who he represents. He's representing these people on a pro bono basis. And however you guys want me to handle it. The Clerk told me I could not register for each of these individual people and that registration -- Vice Chair Russell: Could not or did not -- could not or did not need to? Mr. Winker: Did not need to. Again, I want to be very clear. I don't know where their confusion is with the city attorney. There is an -- explicitly states in the code it is not required. There's an explicit exception. In quasi-judicial hearing. Am I correct, City Attorney? Vice Chair Russell: Mr. Winker -- and I'm interested in this just from an academic perspective. We have quasi-judicial hearings all the time where there is an appeal being put before this body and I would imagine that's the most important time that anyone who has been hired to represent someone else is -- does so in a way that's registered and visible to the public through our registration system. What would be the spirit of why someone would have an exemption? Mr. Winker: It's interesting. 1 completely agree with you. The first I heard of this was Lou Terminello, the attorney was representing, I believe, City Attorney, it had to do with the Scotty's, I mean sorry, Shell Lumber. And he referenced that an opinion that Ms. Mendez: Again and I said this, but I guess you weren't listening. Our code says that technically you are not supposed to or not required to register in order to represent someone in a quasi-judicial matter. The Ethics Commission has a different opinion. So this is your duty for you to call the Ethics Commission. And you to figure that out -- Vice Chair Russell: And madam City Attorney -- Commissioner Diaz de la Portilla: But I want to explore -- Ms. Mendez.: I'm not going to give him advice on what to do -- Vice Chair Russell: Just a moment, please. Just a moment, please. Commissioner Diaz de la Portilla: But I want to explore that because the Ethics Commission -- Vice Chair Russell .• Just a moment, please. Commissioner Diaz de la Portilla: -- for some -- hold on. The Ethics Commission has an opinion on this. I know they do. So what's that opinion? Ms. Mendez: It seems that he does have to register. So that's why he really needs to figure this out with The Ethics Commission not -- not us. We don't give him the advice. Commissioner Diaz de la Portilla: Well, no -- Vice Chair Russell: No, just a moment, Commissioner. Commissioner, just a moment - City of Miami Page 108 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: -- when you finish -- Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: -- I'll be recognized -- Vice Chair Russell: So Madam City Attorney, when there -- if there is conflict between our code and what the Ethics Commission requires, which would prevail? If the conflict is more restrictive at the Ethics provision level, they would prevail, correct? If it's more restrictive at our level, ours would prevail. Ms. Mendez: No, no, not ji r -- you're absolutely right for -- for other matters, and -- and you're doing great with your -- with your law degree. What I'm saving is that for ethics issues, it's not our purview, right? Only the Ethics Commission has those purviews. So if we have -- if we have a -- a law on the books and they disagree with us, it's the Ethics Commission -- Vice Chair Russell: -- of course and understood. But is -- is what he's saying correct that our code explicitly states that you do not need to register as a lobbyist when representing someone on a quasi-judicial item? Ms. Mendez: For quasi-judicial matters, before PZAB and the -- and City commission, he doesn't have to register pursuant to our code. However, the Ethics Commission has a different -- Vice Chair Russell: Understood. So according to our code, you're safe. You may or may not be safe with regard to the Ethics Commission, but that's on you. So I'm fine with him representing -- Mr. Winker: Yeah. And I want to make clear, I did register. I was just told that I couldn't register for individuals. And it's interesting, I would say this -- Vice Chair Russell: Again, a clarification. Couldn't or didn't need to? Mr. Winker: Could not. Vice Chair Russell: You could not. Mr. Winker: The idea is you cannot -- you have to register with what they -- it seems like what the City -- has announced a new policy. They would like residents in situations like this to create a corporate entity in order to do this. So you can register so I could -- I could form them and have them go through the process of forming a corporate entity. And we would be able to register that corporate entity. Vice Chair Russell: That may just be an administrative issue. Mr. Winker: Correct. Correct, and I would start with this. I will back up for a second too, is they are not here -- they are here representing their own interests. I'm here representing them, pro bono, in connection with an item. I am confident -- this is -- this discussion is ridiculous. The idea that somebody doesn't know who I'm representing. I've been very clear from the beginning before I -- last meeting I registered who I represented. It has increased -- Commissioner Diaz de la Portilla: Yeah, but -- City of Miami Page 109 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: -- the number ofpeople have increased since then. Commissioner Diaz de la Portilla: This is an ethical issue, right? It's a question -- Mr. Winker: No, no, that's what I'm saying, there is no ethical issue. Commissioner Diaz de la Portilla: I think there is because Ethics Commission has an opinion -- has an opinion on it, right? Mr. Winker: No, they don't -- they do not have an opinion on this. Commissioner Diaz de la Portilla: Hold on. Whenever you're ready, Mr, Chairman. Vice Chair Russell: Just a moment, Commissioner, you -- you're recognized, Commissioner, go ahead. Commissioner Diaz de la Portilla: Thank you. You registered for some people. You're saying that you have to form some corporate entity to be able to represent them. You didn't register for other people? The Ethics Commission has given an opinion that you should register. Mr. Winker: No. There is no Ethics opinion. Commissioner Diaz de la Portilla: I'm not debating, I'm just saying that -- so let me ask the City Attorney because that is our city attorney, right? Is there an Ethics Commission opinion? Ms. Mendez: On whether he needs to register or not? Commissioner Diaz de la Portilla: Yes. Ms. Mendez: There's' -- there's one having to do with Bal Harbour, which -- it has -- so there's one having to do with Bal Harbour that supposedly he needs to register. But again, I feel uncomfortable telling him what he needs to do. He -- this is his issue, and he needs to figure this out with the Ethics Department. Vice Chair Russell: Clearly but -- but at least one commissioner is concerned that if there is a potential violation, he's bringing it up. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: So he's seeking guidance from you. Ms. Mendez: Right. I'm not the one -- Commissioner Diaz de la Portilla: There's two commissioners, I think. Ms. Mendez: Right. So, I'm not -- so I'm not the one to give that guidance. So maybe we can table this. He can give a quick call to Jose Arrojo, who's always available, and then we can -- Commissioner Diaz de la Portilla: That makes sense. Ms. Mendez: Okay. Mr. Winker: Yeah. I'm very comfortable proceeding. It's, you know, I represent -- City of Miami Page 110 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: I think he's -- Commissioner Diaz de la Portilla: Yeah, you may feel comfortable maybe we don't. So what matters is that you're requesting intervenor status on behalf of like 15 names, you're only registered for 2 people. I want to know what your standing is really. Mr. Winker: Yeah. Well, that's what I'm saying, under the city code -- Commissioner Diaz de la Portilla: I got it. I got it. So I think we table it. I recommend we table it. Vice Chair Russell: So, -- so my expectation was to table this anyway until you can provide the names and addresses of those who are seeking intervenor status to the applicant's counsel. And then we'll open up for public comment on all other items; is that okay? Mr. Winker: One thing that we haven't asked the question is -- is the developer willing to stipulate to standing of the residents who live within 500 feet? Mr. Lago: We have no idea who you are stipulating so -- Mr. Winker: Say that again. Mr. Lago: We have no idea who you're presenting. So once you give us that list, we could have that discussion. Mr. Winker: Perfect. Vice Chair Russell: Alright. So we're going to table the intervenors status request: Commissioner Watson, you're recognized. Commissioner Watson: Just to add to my colleague's information, those people within 500 feet, I want to know when they got there? Vice Chair Russell: Want to know? Commissioner Watson: I want to know when -- when they got into that circle? In other words, everyone that he's now -- my colleague asked for some information. Vice Chair Russell: Yes. Commissioner Watson: I just want to know when those people came to that neighborhood. Vice Chair Russell: Meaning when they moved to that location? Commissioner Watson: When they moved to that neighborhood, sorry, yes. Okay. Vice Chair Russell: Are you able to -- Mr. Winker: Ask that again. Vice Chair Russell: Are you -- are you able to -- well, if each is coming forward, we can ask them at that time. Commissioner Watson: Well, okay. City of Miami Page 111 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: Yeah. I think that's one of the things like -- one of the things that we can do is this idea of giving a list or whatever. You know, I didn't know who could come today and -- and they're going to give all this testimony. 1 mean, typically you would have them come do it. He can cross-examine. Vice Chair Russell: That's -- that's the plan. Mr. Winker: Okay. But we're waiting to give this list. So I'll give him the list now and then, you know, you'll call us back up. Vice Chair Russell: Correct. So you'll give the list now. And then we'll come back up and do the proper intervenor request process. Alright. Mr. Winker: Perfect. Vice Chair Russell: Thank you. Mr. Winker: Thank you. Vice Chair Russell: So -- Commissioner Diaz de la Portilla: Mr. Chair. Can we do -- not to interrupt your flow here because you're -- Vice Chair Russell: We've got no flow. It's almost lunchtime. We're just through the order of the day. Commissioner Diaz de la Portilla: I'm getting hungry too. So can we do FR.1, massage establishments, get that out of the way, pass it. The City Attorney can present. Vice Chair Russell: No, sir. We -- we must do -- we must do public comment before we take up the -- Commissioner Diaz de la Portilla: I know, I know, I know. But what I mean is once -- once we do public comment, after public comment, can we take up FR.1 and get that done, and FR.3 together if you want. Vice Chair Russell: There's another issue Commissioner, FR.1 is also a four -fifths, and we do not have the body here for that. Commissioner Diaz de la Portilla: But we will by the time we finish through the public comment. Vice Chair Russell: So let's table that for now. [Later...] Vice Chair Russell: As I promised earlier this morning, several members of the public have not spoken yet and they don't know whether they have intervenor status. If they're not granted intervenor status, they should get the right to speak publicly for their two minutes. So I'd like to finalize the intervenor issue for those remaining. If the attorneys representing both the applicant and the intervenors could step forward, would like to know ifyou all have established a list ofpotential intervenors, so that this commission can make a decision. Well, first of all, is there a challenge -- now that you know who the intervenors are, is there a challenge to any of the intervenors on the list? 171 ask the applicant. Sorry. City of Miami Page 112 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Carlos Lago: 1 have not heard his presentation yet, so yes. Vice Chair Russell: Got it. Mr. Lago: He can go forward. Vice Chair Russell: You've received the list, however. Mr. Lago: I've seen the list, correct. Vice Chair Russell: Okay. Mr. Lago: And he's got to make his case. Vice Chair Russell: Fair enough. David Winker: I'm sorry. I couldn't hear what he said. Vice Chair Russell: He says he hasn't -- he'd like to hear you make your case for the intervenor status of your -- Mr. Winker: Perfect. Vice Chair Russell: -- of your clients. Mr. Winker: Alright. Perfect. Vice Chair Russell: How much time do you need, Mr. Winker? Mr. Winker: I would say I'm going to bring testimony evidence in. So, you know, if we do maybe two minutes a person, I can bring them in. They can address their specific adverse effects on them and how it differs -- Vice Chair Russell: Yes. Mr. Winker: -- if you'd like that. Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: And then so we have to decide whether to take these one at a time or listen to all of them and decide what -- I mean you as the applicant, I'd like to hear first, whether you have a challenge to any and/or all of them. That'll help me know whether to take them one at a time -- Mr. Lago: Correct. Vice Chair Russell: -- since you can address questions on each, which would you prefer? Hear them all at once, go through every interview? Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: You're recognized. Mr. Lago: Yeah, we need to hear them all. So I think he needs to make a presentation on each of how they meet the standard for intervenor. And then we can decide at that point if that -- City of Miami Page 113 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: And so I'd like the city attorney to keep track, please, of each person that has been presented. Just the name and the address. Mr. Lago: Correct. Vice Chair Russell: Because otherwise -- and how many are there, Mr. Winker? Mr. Winker: Right now, present to testify, I have seven people. Vice Chair Russell: So it's an application for seven residents for intervenor status? Mr. Winker: Yes. Victoria Mendez (City Attorney): Mr. Winker, did you send me your -- did you copy me on whatever you sent to Mr. Lago? Mr. Winker: No, I'm sorry. I did not. I sent it to -- I sent the list -- Commissioner Diaz de la Portilla: That's my issue. I don't have the list of the seven people. That's has not been sent to my office. Mr. Lago: 1 have a list of 13. Commissioner Diaz de la Portilla: Oh, yeah well -- Mr. Winker: Right, but I'm saying who's present to testify right now. Mr. Lago: Are you -- will you be proffering 13 or 7? Mr. Winker: Seven. Well, whoever walks in, I mean, I can only -- Mr. Lago: Can you tell us the name of the seven who's here? Vice Chair Russell: I got it, Counsel. Commissioner Diaz de la Portilla: Well, I mean -- Vice Chair Russell: I just don't want them -- I need you -all to speak through the Chair. Commissioner Diaz de la Portilla: We are the Commission. You guys are making (UNINTELLIGIBLE) -- Vice Chair Russell: You and I will argue all day long. They're not allowed to argue. Commissioner Diaz de la Portilla: Exactly. You and I don't argue. We never argue. Vice Chair Russell: All love. All love. Commissioner Diaz de la Portilla: I love it. I want their names -- Vice Chair Russell: Agreed. Commissioner Diaz de la Portilla: -- I want the addresses. And you represented that you earlier on -- you mentioned a lot more than seven names. City of Miami Page 114 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: Correct. Commissioner Diaz de la Portilla: Right? Because you went through the list on your phone, now you only have seven. Mr. Winker: Here present. Commissioner Diaz de la Portilla: Well, that's not what you said, you said you're speaking for seven? Now, we also have a -- hold on. We have a registration issue that was not resolved of what happened with the Commission on Ethics and Public Trust, and what happened with that? And, yeah, the opinion -- the old opinion but not -- have not received -- what 1 have not received that 1 want to be clear, 1 have not received the list of the intervenors or the people who want to intervene, right, the request. I have not seen the Ethics opinion. So 1 want to see that before we move forward, I think, to make sure that we're all on solid ground here. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: That we're not doing anything improper, because no one wants to do that here, right? And the list that you read from your phone on the record was a lot longer than the 7 names you say you have now whether you're going to proffer 13 names, or that you have 7 here and your proffer 13 or you -- only 7 will testify you'll proffer 13. I don't know what the mix is. So some clarity is important for me before 1 make -- before I continue my line of questioning. I want to know who you're representing. If you've registered as the representor. Has any ethical violation taken place here that 1 don't want to be a part of That's all. Vice Chair Russell: Mr. Winker, could you just before calling them up, just give us the list. Mr. Winker: Okay. Perfect. And I think we should also -- we can go ahead and address, I sent over to everybody, including -- I sent it to you Mr. Diaz -- Commissioner Diaz de la Portilla, a copy of the Ethics opinions from the Commission on Ethics, including one given to the City of Miami and including an Ethics Opinion issue that I discussed earlier, issued by City Attorney Mendez, standing for the proposition that registration in publicly noticed quasi-judicial matters lobbyist registration is not required. That is the law. Commissioner Diaz de la Portilla: Before us but have you lobbied commissioners independently, individually, one-on-one? Have you spoken to any commissioner? Mr. Winker: No. Commissioner Diaz de la Portilla: No, you have not lobbied. Mr. Winker: No. Ms. Mendez: So -- Commissioner Diaz de la Portilla: Well, -- Mr. Winker: Well, go ahead. Ms. Mendez: Let's -- so, a couple of things. Were you able to speak to Mr. Arrojo? Mr. Winker: I'm sorry, I couldn't hear you. City of Miami Page 115 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Ms. Mendez: Were you able to speak to Mr. Arrojo? Mr. Winker: No. Ms. Mendez: Okay. Mr. Winker: I just -- I pulled the opinions. Ms. Mendez: Right. So, we called Mr. Arrojo, and he thinks you should register. This is the -- my opinion was based on -- this is what we talked about and why 1 wanted you to double-check with him. My opinion is based when you solely, solely come to the hearing, represent your clients and do nothing else. The nothing else means no sending e-mails to the commissioners, no calling the commissioners, no talking to the commissioners, right? Because that is considered lobbying. So you're going to have to register. Don't -- please don't take my word for it. That's why I wanted you to call Mr. Arrojo yourself, okay? So he has advised that based on the fact that it is a quasi- judicial hearing, plus the extras of contacting staff and elected officials, that you need to register. With that said, the opinion that you're referring to is when it is strictly only just the hearing, but again, you need to double-check with the Ethics Commission because I'm not your attorney. Mr. Winker: I'm comfortable proceeding or whatever you guys want me to do. 1 mean, I am registered, I could add -- one of the things that makes this interesting is the question of like who's present to intervene on the day of right? 1 represent more people than this. But today 1 have the people here. So the idea of you know, the fluidity of the registration. So now today, you know, based on the people that are here that we're going to do, I can just add the names to the registration, however you guys want me to do, I'm happy to do that. Commissioner Diaz de la Portilla: But that's my issue. My concern. You cannot represent people if you are not registered before this body or anybody. Mr. Winker: But that's what I'm saying. I am registered. Commissioner Diaz de la Portilla: No. You're not. Mr. Winker: Yes, I am. Vice Chair Russell: Only for two. Commissioner Diaz de la Portilla: Well, no, he's registered for two people, but he's representing seven. Mr. Winker: What I'm saying is I just -- I can walk over to the Clerk's Office and add them. Commissioner Diaz de la Portilla: Then do that. Mr. Winker: No, but I need to know the clarity. So we all on the same page of how to do this. Commissioner Diaz de la Portilla: You are lobbying us, lobbying us, and I asked you a very, specific -- I'm not having a debate with you. Mr. Winker: This does not meet the definition of lobbying. Vice Chair Russell: Just a moment, Mr. Winker. So I -- City of Miami Page 116 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: It doesn't. Commissioner Diaz de la Portilla: May I finish or -- my questioning -- Mr. Winker: You know what let me read into the record -- Vice Chair Russell: No, no, no, please, just a moment. Commissioner Diaz de la Portilla: You don't have to read anything. Vice Chair Russell: I've got the e-mail in front of me that you sent. And I'm comparing that to what the City Attorney said. I'll let Commissioner Diaz de la Portilla finish and then I'm going to go into that whether this is lobbing or not based on what the Commission of Ethics said. Go ahead. Commissioner Diaz de la Portilla: I asked you a question, Mr. Winker, whether you had lobbied anybody independent of today's appearance, you said no. Mr. Winker: Correct. Commissioner Diaz de la Portilla: My understanding is that you had been lobbying independent of today's appearance. Mr. Winker: I'm sorry, you said that -- Commissioner Diaz de la Portilla: My understanding is that you have in fact been lobbying independent of today's appearance -- Mr. Winker: Okay. Commissioner Diaz de la Portilla: -- on this issue. You're also representing that you are representing seven people, those were more earlier, but now there are seven. And now you are only registered for two. If you want to proceed with -- in the quicksand of whether you're breaching some ethical ground here or not, then you go ahead and do it. But I want to, on the record, let you know that we believe, right, Madam Attorney? Madam Attorney? That we believe, that this body believes, or that this City Attorney believes that you need to register. Vice Chair Russell: Just to clam. Commissioner Diaz de la Portilla: And if you're not registered then I'm not interested in your debate until you follow the law. Vice Chair Russell: So -- Commissioner Diaz de la Portilla: Does he need to register or not? Vice Chair Russell: See, ifyou agree here, Commissioner Diaz de la Portilla and this is what I received from Mr. Winker. So it says there's a Commission on Ethics position which says quasi-judicial proceedings, giving testimony, or appearing on behalf ofprivate clients in a publicly noticed quasi-judicial proceeding does not constitute lobbying. So him being here on behalf of clients -- Commissioner Diaz de la Portilla: We agree. Vice Chair Russell: -- according to the Ethics Commission is not lobbying, but any City of Miami Page 117 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 contact outside of that, which is the distinction that the City Attorney is making, is or was lobbying. So for that, you would have needed to register. Being here standing where you are right now, apparently, according to this Ethics Opinion, you do not need to register. So you are safe in this moment, but if you have been contacted -- Mr. Winker: Remember I was registered. That's another thing that's important, I was registered. So I am registered -- I was registered in the past for two, now I'm here today on seven. Today, this does not constitute lobbying. I mean, I don't -- I justI think this is all -- Vice Chair Russell: Do you agree with that distinction, Commissioner? Commissioner Diaz de la Portilla: I understand that distinction clearly. Vice Chair Russell: Do you agree with it though I mean? Commissioner Diaz de la Portilla: Yes. He has to register to lobby. He cannot be representing -- Vice Chair Russell: To be here. Commissioner Diaz de la Portilla: No. To -- he can be here. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: If it's only -- the only thing he's doing. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: That's not what he's doing. He's lobbying on this issue, and you 're representing clients and you're not registered. Mr. Winker: I don 't -- I don't -- first of all, I disagree with that. I'm not lobbying. Commissioner Diaz de la Portilla: That's fine, you can disagree. You're lobbying on an issue, and you're not registered. Mr. Winker: I am registered. I don't understand. Commissioner Diaz de la Portilla: You're registered for two people. Mr. Winker: Right. Commissioner Diaz de la Portilla: You mentioned seven. How about the other five? Mr. Winker: Today is the first time you've heard of seven. No, I don't -- Commissioner Diaz de la Portilla: No, today I heard -- today I heard about 12, when you read them from your phone, without addresses, in the morning. Now I heard seven. And you never said how many you're going to proffer or how rnany, are here until now. So you're going back -and -forth. So I think, I would recommend, you do you want. Mr. Winker: I am going to do what I want. Let's proceed. Commissioner Diaz de la Portilla: Well, nah, nah, nah, nah nah -- City of Miami Page 118 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: This is ridiculous. Commissioner Diaz de la Portilla: Well, first of all, you don't determine who proceeds. That's why this commission determines, not you. Mr. Winker: No -- no. That's not true. Commissioner Diaz de la Portilla: No. Actually, yes. Mr. Winker: City Attorney, I'd like -- an issue of protocol here. This is a separate issue. There's no requirement thatl do anything vis-a-vis this board. There's nothing like -- this argument is a waste of everyone's time. Ms. Mendez: So, 1 -- actually -- Commissioner Diaz de la Portilla: Ethics? Ms. Mendez: -- we're actually trying to protect you, Mr. Winker. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: You may not see it that way. Mr. Winker: 1 don't need the protection. Thank you. Ms. Mendez: Okay. So -- Commissioner Diaz de la Portilla: Good. As long as you go on the record as that, but you know that -- Mr. Winker: I'm ready to proceed. Commissioner Diaz de la Portilla: But you know we that we have ethics requirements in this city, unfortunately, and you have to register. Whether you like it or not you have to register, if you're truly representing clients. Mr. Winker: I am registered. Thank you very much. Commissioner Diaz de la Portilla: No you're not. Mr. Winker: Yes, I am. Vice Chair Russell: Alright. I'm comfortable proceeding based on this Ethics opinion that you are allowed to stand here without registering, even though you have for two, you haven't for the other, Jive and beyond. But it says you don't need to have to be here. Beyond that, whatever conversations or e-mails or texts you sent, that's between you and the Ethics Commission. So -- Commissioner Carollo: Chair? Ms. Mendez: Right, but -- Commissioner Carollo: Chairman? Vice Chair Russell: Yes, Madam City Attorney? Ms. Mendez: -- it's not that clear-cut because he has already lobbied on this issue. City of Miami Page 119 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Carollo: Excuse me. Ms. Mendez: He sent you all, or one of you maybe, -- Mr. Winker: In preparation for the hearing. Ms. Mendez: Right. But there's no exception like that. So I -- this is -- Vice Chair Russell: So are you saying that, Madam City Attorney, just one moment, are you saying that if we are aware that he's not registered and he has lobbied us, that we must not move forward or that his lobbying has maybe gotten himself in hot water with the Ethics Commission, but this is not ours to determine or distinguish. Ours is to move forward if we choose to. Ms. Mendez: So there's two issues here and it's a lot of issues, so just bear with me for a moment. Apparently, none of the people that you're representing, Mr. Winker, are part of like a not -for -profit association or a neighborhood association. Mr. Winker: Right, they have notformed a corporation. Ms. Mendez: So, that is the only exemption that exists for you not to pay for the registration. So you'd have to pay the $105 for the two people. Mr. Winker: Yes. Ms. Mendez: Then you would be fully registered, and we would not have an issue for the two people -- Mr. Winker: And by the wav -- Ms. Mendez: -- and you get all the intervenors status and everything, whether its two or seven, you do what you need to do with just the two people. Vice Chair Russell: But you've done that. Ms. Mendez: And I think one of them is -- Mr. Winker: I've done it for two. And so I needed to do -- Ms. Mendez.: And one of them is the main person, which is Mr. Vinciguerra, who's been sending all the e-mails and so I think you're covered, but you just need to finish the paperwork. Mr. Winker: I'll go finish the registration. I'll add whoever -- whoever is today, you know, I can add, and we can deal with it. And I would point out, and it's interesting for fixture reference, it's unfortunate that the City is going to make -- really none of this would be an issue if they formed a corporation. And I think it's unnecessary. I think it's a distinction without a difference to do. And then the last thing I want to say, very clearly, I registered to lobby before any of this started. So, I'm covered up to today's hearing. And then today you guys are taking the position I'm representing further people, that's not lobbying. So I just want to be very clear that throughout the entire process I've been properly registered. Vice Chair Russell: Alright. Madam City Attorney, we're going to get this done. Do you -- our job is not to protect him; our job and your job is to protect this body in terms of our legal exposure for the steps we take. Do you,feel that this body has any City of Miami Page 120 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 legal exposure to move forward based on everything that's been said so far? Ms. Mendez: So, if he is properly registered for the two people, and the two people only, and everything that he has done is through that registration, we're okay. The problem is that right now, I don't think he's fully registered, so he just needs to finish that so that then you can do your business. Vice Chair Russell: Okay. So until he's fully registered on those two people you are recommending we not proceed? Ms. Mendez: Well, now that we've had like this whole discussion,) think everybody should -- we're on notice that we should -- Mr. Winker: And by the way, the idea is you have five days after lobbying to register anyways, but I will -- I'm going to take the City Attornev's advice. I'm going to go ahead today determinative of you know, we finalize who the list is. I will go register for or I will add those clients to the registration, finish the registration and will do it, but I will for future reference, again, this gets sloppy because what happens when you are here, and other neighbors show up. Like it's like a fluid thing where you're going to be over there adding names, adding names just -- I just don't see it as lobbying, but I'm going to -- you know, I'll do it. I mean, it's not worth arguing about. Vice Chair Russell: So you're choosing to proceed in this moment or you're choosing to go to the Clerk's Office and finalize registration? Mr. Winker: Proceed, please. Vice Chair Russell: Madam City Attorney, you have a recommendation that we not proceed for some reason? Ms. Mendez: I just wanted to clam if he would just be in this hearing and not have had any other contact. Your fluidness could have happened because we would not have asked you to register for this one little hearing pursuant to the -- Vice Chair Russell: But he's telling us he's taken all the necessary registration steps for the two of his clients that are here today, and if he hasn't and then he's not being -- the Clerk is shaking his head that you have not registered. Mr. Winker: (UNINTELLIGIBLE) -- I am registered. Vice Chair Russell: I think we have a communication issue. Do you have evidence of that registration? Mr. Winker: Yeah, I have a stamped copy. Todd B. Hannon (City Clerk): Yes. I do have a copy of the lobbyist registration form in my possession. And the principals that he's representing are two individuals. The code does not allow for an exception when it comes to payment for individuals, if he was representing a neighborhood association or a not -Pr -profit community -based organization, we'd be having a different discussion. But on this lobbyist registration form, it's for two individuals, and therefore, there's no exception when it comes to having to pay the appropriate lobbyist registration fees for this registration. Vice Chair Russell: So you're saying, Mr. Clerk, that he's registered but not paid the fee? Mr. Hannon: Yes, sir. City of Miami Page 121 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Which means it's an incomplete registration? Mr. Hannon: Yes, .sir. Vice Chair Russell: Mr. Winker? Mr. Winker: So, you know, I'm hearing for the -- I heard yesterday, Mr. Hannon called me that I need to pay the -- how much money is it? Mr. Hannon: It's $525 for the annual registration and $105 per principal. Mr. Winker: So, that will be paid. I do want to point out, you know, it's interesting that you know, I'm going to pass that through to my clients. And 1, you know, I think it's unfortunate that we're charging, you know, residents to do this when they seek counsel. And -- but you know, it is what it is, guys. Vice Chair Russell: I mean, it's the code. Ijust want to be clear. This is not something we're arbitrarily deciding up here right now. So, according to the Clerk, on the fees issue, you're not registered fully to lobby for anybody. You don't need to be to come here today. Mr. Winker: Exactly. Vice Chair Russell: But you do need to have in order to have participated in communication to influence any commissioner outside of here. Mr. Winker: In the past. Vice Chair Russell: Correct. Mr. Winker: And honestly, you know, we'll see if that cleanses the past. Again, I, you know, to me it's, like, you guys are very worried about me. I'm comfortable proceeding. Vice Chair Russell: I'm not worried about you. I think you're -- you're well-educated in the law to know what risks you're taking or you're not taking. I'm worried about us. Madam City Attorney. Ms. Mendez: So any Jennings disclosures? Which is what's not covered. Vice Chair Russell: No. Let's deal with that later. Ms. Mendez: Okay. Vice Chair Russell.• Let's deal with that later. Ms. Mendez: Okay. Vice Chair Russell: The -- do we have an obligation, if we know we are hearing from someone who is not duly registered -- Ms. Mendez: Right. Vice Chair Russell: -- do we have an obligation to stop the proceeding until they are? Ms. Mendez: So -- City of Miami Page 122 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Because they do -- or do they have five days to do it afterward? Ms. Mendez: I don't know about the five days. We don't have a five-day provision. I do know that we passed -- I believe that we passed an ordinance similar to the County that we need to be aware of who could be lobbying us, and we need to not be lobbied if they're not registered. So I'm sorry, Mr. Winker. If we could just address that issue then. Vice Chair Russell: You're asking us to pause until registration is complete? Ms. Mendez: Yeah. Vice Chair Russell: So, I'm going to honor that of the City Attorney, but it sounds like it's not going to take much to sort this. And ill can be clear on the distinction, had you not contacted any commissioner, because that's what constitutes the lobbying, the difference, outside of this hearing, you would not be lobbying. You would be here representing clients which would not cost you or them a thing. But when you begin lobbying outside of this hearing, that's when you need to register, which has not been completed yet. And now that we know that the City Attorney is advising we wait until you pay -- Mr. Winker: Okay. Vice Chair Russell: -- the fee. Mr. Winker: I will go over and register. Vice Chair Russell: Are you going to do that right now? Mr. Winker: Yeah. Vice Chair Russell: Alright. Mr. Winker: However you guys want to handle it. Vice Chair Russell: Alright. So we're going to take up another issue while you take care of that issue. Mr. Winker: You got it. Vice Chair Russell: And then we'll come back to it. Mr. Winker: Thank you. Vice Chair Russell: Thank you, Mr. Winker. Could we bring down this demonstrative, please? And thank you everyone for your patience. The most important thing is that whatever decision is made here today is legally binding in the eyes of not only this body but a future court. So we've got to get it right. And you want that for both sides so that it's not subject to challenge. [Later...] Vice Chair Russell: Alright. The remaining item on the PZ (Planning and Zoning) agenda is finally the Charles Avenue rezoning issue. (COMMENTS MADE OFF THE RECORD) City of Miami Page 123 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: No. What we've got to -- got a little bit of others to clean up maybe one other item that we have -- discussion item, a budget item. Commissioner Carollo: You said the remaining item -- Vice Chair Russell: Of the PZ. Commissioner Carollo: Oh, okay, of the PZ. Vice Chair Russell: This the last of the planning and zoning items. But it was -- the thing we tried to do first in the morning, which is first intervenor status, then to take up the zoning application itself Mr. Winker, have we rectified the situation? David Winker: Yes. We're ready to go. Vice Chair Russell: Alright. Can we have a list of the people that you are applying for intervenor status to the -- Mr. Winker: Yes. And I would ask -- I was going to ask far your indulgence. Mr. William Armbrister's wife is in the hospital and he needs to go. And I was wondering ifI can just let him have a minute to speak and then I'll kind of go into my introduction. He will speak to the intervention things, but he needs to leave. Are you guys okay with that? Vice Chair Russell: Alright. 1 mean, this will basically be his time in public comment as he would've been granted anyway. Mr. Winker: Exactly. He won't -- Vice Chair Russell: I'm happy to offer that. Commissioner Diaz de la Portilla: Well, well, hold on. Vice Chair Russell: Yes. Mr. Winker: Well, William, you can use -- Vice Chair Russell: He's got to leave. His wife is in the hospital. Commissioner Diaz de la Portilla: I understand. I'm sensitive to that, but before we do that very quickly, who is he registered for? Vice Chair Russell: We're going to get to all that. This is just a resident -- this is a resident independent of his application. Commissioner Diaz de la Portilla: Oh, okay. I'm sorry. William Armbrister: I need to leave but I need to be here also. Commissioner Diaz de la Portilla: Then come over, sir. Come over here. Yes. Vice Chair Russell: Mr. Armbrister, I would not -- Commissioner Diaz de la Portilla: I just wanted to make sure that Mr. Winker was not representing himself; please come. City of Miami Page 124 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: You've been here all day and I'm not going to let you leave without saying your peace. Mr. Armbrister: Praise the Lord Jesus, who is the Christ. My name is Williams Alfred Armbrister Senior. I live at 3260 Thomas Avenue and within the 500 feet of this proposed development zoning change. And before I go forward, I'd like to speak not to excuse Mr. De la Paz, I'd like to speak in light of what he had to say earlier. He lives on Charles Avenue, because I respect everyone and he is in my community and he has as much respect from me as everyone else, because that's Armbrister. Armbrister is -- you got the Gibsons, you got the Stirrups, you've got the Simpson. You got all of these people. But Armbrister is known for the level of their integrity, that we are not for sale, and what we speak is the truth that cannot be denied. As a matter of fact, Commissioner Russell, if I were an attorney, I'd call you up on the witness stand and have you answer the question: when you witness the testimony of those people that live in proximity of this development, and were they at an agreement with the development or were they in disagreement? You'd have to answer truthfully and say no, we are not for it. So you are the spokesperson for those people who can't be here right now, you know. And I'm speaking for those who can't be here now as well. We're not saying that you owe us because we helped to get you an office, but all of you owe the residents and the voters of this city of Miami, because you say what you're going to do fOr everybody until you get in and not speaking about you four, but some get in and forget about the promises they made to the people that put them in office. And the developers get -- they get the ripe fruit, and we get the rotten fruit. And so what I'm saying to you is that the people who say that we want this are the people who would not be impacted directly by this commercial development in the residential community. See, it's not the trucks that'll be going -- delivery trucks going by their house or 67 units, we're talking about nearly 100 more cars going down Charles Avenue and Williams Avenue, and delivery trucks coming on Thomas Avenue, which I live on. And now we're already bombarded with delivery trucks going to Commodore Plaza and garbage trucks going on Commodore Plaza. They don't do us any good. And so we're looking for additional commercial traffic in a residential community and being the only historical street in the city of Miami, why would it be defamed? For what reason? Just because the landowner said, we ought to be able to make money on our land. Not if the rest of the community is going to be the sewer for your waste. It's not right. And you've been misled. You've been lied to. You've been deceived, you've been everything but exposed to the righteousness of the truth. We've never had commercial development on Charles Avenue. We've never had businesses. We have people trying to struggle to survive. They were seamstress, they were carpenters, they were -- they worked in the shoe repair. They did a lot of things out of the house and like I said the last time, we even had a moonshiner, but they had a lot of things for the house to make things meet. And Mr. Stirrup, that we called old man Stirrup, he would be offended with a commercial development across from his house. They know it, but I don't know what reason they want to trash the Stirrup legacy. This says something about the Stirrup legacy that isn't good at all. Now Armbrister's name in Coconut Grove, highly respected. Now, if the Stirrups and Simpsons can say that much about their name, and it be true, once upon a time Stirrup was a respected name, because of the family. They stood for the people in the community. But this branch of Stirrups, I don't know what they're interested in, and I can't say what I think because I don't say what I think, because when I say, you cannot deny what I say because I speak the truth. I speak in righteousness. You know, and if you agree that it is in the best interest of the community abutting this development on Charles and Williams, is it at our best interests? Then let them take this upon on Grand and Douglas. Let them take a hotel in the business district not in a residential district. That makes no sense at all. Help -- show them had to get a Go Fund Me page, so they can build something on their property they have left abandoned for decades. I had to go into the Stirrup's house when it was failing apart. I had no idea it was falling apart, but there were crack users in there because I -- the old man Stirrup, he was City of Miami Page 125 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 loved by the people of that community. And when 1 saw them in there using crack, I took a stick, and 1 went in there and ran them the hell out. That's what 1 did. Because I had that kind of respect -- that degree of respect for Mr. Stirrup. But his family, the generations after, they don't respect the legacy that he intended to leave behind whatsoever. So there's no comprehensive plan. There's no study, for Coconut Grove as a whole. And so what they're saying, give us the zoning change and we'll work things out that need to be worked out. No, let them work out the details. Let them prove that they love -- let me prove that I love you, before we get married. Don't say, let's get married and I'll prove that 1 love you somewhere down the road. And I thank you all. Vice Chair Russell: Thank you. Mr. Armbrister. Mr. Armbrister: Lord have mercy on you, if you let them have their way, 1 ask the Lord to please forgive you for you know not what you do. Vice Chair Russell: Thank you, Mr. Armbrister. I hope your wife is well. I love William Armbrister. Although he does remember my first election differently than I do. I think we ran against each other, but we're good. Alright, Mr. Winker, we need a list, please, of who you are presenting as intervenor applicants. Mr. Winker: Yes, should we go and read them into the record? Vice Chair Russell: I need either a written list or read in the in the record, either one. Mr. Winker: Shirley -- I mean, I'm going to call them, but here's there -- here you go. Shirley Gibson, 3287 Charles Avenue. You just heard Mr. William Armbrister; 3260 Thomas Avenue. Juanita Rumph, 3250 Thomas Avenue. Vice Chair Russell: What was the last name? Mr. Winker: Rumph, R-U-M-P-H. Vice Chair Russell: Got it. Mr. Winker: Courtney Berrien, it's B-E-R-R-I-E-N, 3325. Anthony Vinciguerra, is at the same address. Scott Charmanski, 3211 Thomas Avenue. Theresa, actually I -- and -- let me take that back. Scott -- Scott had to leave with the children. Theresa Charmanski is here, same address, 3211 Thomas Avenue. Cliff Hawkins, 3373 Charles Avenue. Brandice Taylor, 3457 Margaret Street. Tara Blakinstaf, 3201 Thomas Avenue, and finally Rafael Mendoza, 3201 Thomas Avenue. Vice Chair Russell: Alright, I count one, two, three, four, five, six, seven, eight, nine, ten people; is that correct? Mr. Winker: Yes. Carlos Lago: Mr. Chair -- Commissioner Diaz de la Portilla: I counted 11 -- Mr. Lago: -- this is the third -- Vice Chair Russell: He said one left. Mr. Lago: This is the third -- City of Miami Page 126 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Oh, okay, one left. Vice Chair Russell: Scott Charmanski is not -- Commissioner Diaz de la Portilla: So -- Mr. Logo: This -- this is the third time this list changes. Commissioner Diaz de la Portilla: Hold on a second. Mr. Lago: Sorry, sir. Commissioner Diaz de la Portilla: Is the -- are you registered for all ten people? Mr. Winker: Yes. They formed a non-profit corporation. So we went ahead and registered the non-profit corporation for them. Commissioner Diaz de la Portilla: So did you incorporate the non-profit corporation? Mr. Winker: Yes, we did. Commissioner Diaz de la Portilla: All in one fell swoop? Mr. Winker: Say that again. Commissioner Diaz de la Portilla: All together today? Mr. Winker: Yes. Commissioner Diaz de la Portilla: So you registered a non -- were you granted non- profit status? Mr. Winker: Yes. You -- in Florida -- Commissioner Diaz de la Portilla: Really? Mr. Winker: Yeah. You form a not -- they're not a tax exempt, they're a non-profit corporation. Commissioner Diaz de la Portilla: So you paid one registration fee? Mr. Winker: Correct. Commissioner Diaz de la Portilla: Instead of ten? Mr. Winker: Right. Because they were going to have to pay 105 -- Commissioner Diaz de la Portilla: Not they, you, you, you, you. Mr. Winker: No, no, no. I'm doing his pro bono so that they would -- they would've paid a 105 per resident. Commissioner Diaz de la Portilla: Right. Mr. Winker: To be represented. So they chose to form that corporation instead. Commissioner Diaz de la Portilla: So madam -- Mr. Attorney, sorry. City of Miami Page 127 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Barnaby Min (Deputy City Attorney): That's fine. Commissioner Diaz de la Portilla: Sorry. There's -- so he incorporated, online, I take it, right? Mr. Winker: Yes. Commissioner Diaz de la Portilla: And all of a sudden he registered. Is that the way -- the normal process -- the way it works? Mr. Min: The question of if it's a normal process? Commissioner Diaz de la Portilla: Yes. Mr. Min: I've not seen it happen that way, but there's nothing that prohibits that from happening. Commissioner Diaz de la Portilla: So immediately you get granted and non-profit status, and you can immediately register for the City of Miami? I'm trying to understand our code. Mr. Min: 1 will state that when Mr. Hannon informed me that Mr. Winker registered for the non-profit, we checked on SunBiz, which is the online portal. Commissioner Diaz de la Portilla: Right. Mr. Min: And it does not yet show. Commissioner Diaz de la Portilla: So we go -- Mr. Min: That does not mean he's -- Commissioner Diaz de la Portilla: Hold on. Mr. Winker: I can submit the receipt for the payment. Commissioner Diaz de la Portilla: Well, you get -- please do that for the record. But if it doesn't show on SunBiz -- you have the receipt? Mr. Winker: Yeah, I have the payment receipt, so we're all set up. Commissioner Diaz de la Portilla: Well -- Mr. Winker: I'll submit that to the Clerk. Commissioner Diaz de la Portilla: Mr. Clerk, have you -- do you have a copy of that receipt? Mr. Winker: No -- I'll submit it. We'll e-mail it to him now. Commissioner Diaz de la Portilla: Well, before we begin the process. Mr. Winker: We're e-mailing it to him right now, don't worry. Commissioner Diaz de la Portilla: Okay. We'll wait then, I think. Because I think there's a process, right? You can't put the cart before the horse here. City of Miami Page 128 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: Well, 1 want to be very clear. Remember -- Commissioner Diaz de la Portilla: Right. For example -- for example -- for example, you sent an e-mail communication on Wednesday -- yesterday, correct? Mr. Winker: Correct. Commissioner Diaz de la Portilla: You were not registered to lobby, right? Mr. Winker: You know, we -- we keep going through this. Commissioner Diaz de la Portilla: No -- no. Mr. Winker: And I was registered -- Commissioner Diaz de la Portilla: No, no, no, no, no. Mr. Winker: Yes, I was. Commissioner Diaz de la Portilla: This is the first time I bring this up. You sent -- because 1 just found out, 1 have it in front of me. You're going to make a Jennings disclosure, right, at some point? Vice Chair Russell: We have not done that yet. Commissioner Diaz de la Portilla: Yes, we're going to do it at some point. You sent an e-mail communication to all commissioners. So you were lobbying yesterday. You were not registered, correct? So you're registered now? But you have no SunBiz -- Mr. Winker: No, let's be clear, I don't -- there seems to be a disconnect here, guys. Commissioner Diaz de la Portilla: I know. Explain to me the disconnect. Mr. Winker: I was registered on the -- Commissioner Diaz de la Portilla: Well -- Mr. Winker: -- two months ago maybe. So there is no argument about -- I don't know why you keep saying we registered today. We amended the registration -- Commissioner Diaz de la Portilla: But what you just said -- we took a break because you said I'm going to go register. Mr. Winker: Yeah. I changed the -- Commissioner Diaz de la Portilla: -- because you were representing two people -- Mr. Winker: Right. Commissioner Diaz de la Portilla: -- and now you're representing ten. And you say let me -- you acknowledge that you had to register because the law required you to register. You went to right -- register. You didn't register individually as you said you were going to do, you set up a non profit, but you haven't submitted a receipt to the City of Miami to show you have a non-profit so you can pay once instead of paying ten times. I get it. You did all that. But you lobbied yesterday? City of Miami Page 129 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: 1 was registered yesterday. Commissioner Diaz de la Portilla: You lobbied yesterday because -- Mr. Winker: I can't get this -- hold on for a second. I'm going to -- Commissioner Diaz de la Portilla: No, you lobbied yesterday because you sent the letter of advocacy which is what lobbying is. You sent a letter of advocacy for an issue yesterday and you were not registered. So what 1 want to know now is let's do it the right way. Let's do it the right way. Mr. Winker: Can I respond? Commissioner Diaz de la Portilla: Don't try to go around the process. There's a process and the process is you register before you lobby. You register and then you lobby. You don't lobby and then you register because somebody, calls you on it. You register and then you lobby, period. You lobbied yesterday. You didn't register until now and now you're saying you're not registering anymore for the ten people you just listed because you have a non-profit that doesn't show up on SunBiz, and you haven't given our city clerk a receipt. So let's go through that process. Mr. Winker: May I -- may 1 respond? Commissioner Diaz de la Portilla: Let's -- I'm not finished yet, right? Mr. Winker: Through the Chair. Vice Chair Russell: Just a moment, Mr. Winker. Commissioner Diaz de la Portilla: So let's go through the legitimate process, right? You register, then you lobby, if you want to do a non-profit, well you don't have non- profit status, but you went to SunBiz, or you did it online, or whatever so you could do one instead of ten, I get it. But we don't have it. So what I recommend, Mr. Chair, is that we go through the normal process just so that everybody is in the right -- on solid ground here. But right now, everything seems to be a back -and -forth on quicksand here whether we do this, we do that. No, no, no. There's a process. Let's not circumvent it. Mr. Winker: Let's -- and let me respond. I have in front of me my official receipt from the City ofMiami dated -- Commissioner Diaz de la Portilla: Submit it for the record. That's all you need to do. Mr. Winker: -- April -- I will, April 22nd. Me registering to lobby on behalf of Anthony Vinciguerra and Courtney Berrien. You need -- Commissioner Diaz de la Portilla: That's correct. That's two people. Now, you listed ten people. Vice Chair Russell: Just a moment, just -- Commissioner Diaz de la Portilla: So you're missing, I'm sorry. So you're missing eight people. Mr. Winker: Yes. Commissioner Diaz de la Portilla: So now you were caught, right? Or you were City of Miami Page 130 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 called on the fact that you hadn't registered for eight people. Vice Chair Russell: I have a question though. Commissioner Diaz de la Portilla: So now the question -- Mr. Winker: But I don't need to register for those eight people because this is a quasi- judicial hearing. Commissioner Diaz de la Portilla: I think we've already established that you do need to register. Mr. Winker: No, I do not need to register. I think I -- Commissioner Diaz de la Portilla: Well for a non-profit otherwise, why didn't you -- then why did you register? Mr. Winker: Guys, to be here today -- Commissioner Diaz de la Portilla: Then why didn't you register? Mr. Winker: To be here today, to represent all these people -- Vice Chair Russell: Your microphone. You need a microphone, sir. You're not being captured on the record. Commissioner Diaz de la Portilla: Instead of getting into a debate, if you did not need to register, why did you? Mr. Winker: I was asked by the City to register. Commissioner Diaz de la Portilla: Right. Mr. Winker: I was previously registered, so I amended my registration. Commissioner Diaz de la Portilla: There was no amendment. Mr. Winker: Yes, there was. Commissioner Diaz de la Portilla: No, no. It's not an amendment. Mr. Winker: Let's deal with facts here. This is -- we could go all day on this -- Commissioner Diaz de la Portilla: No. There's no amendment. You can't amend a registration, you either represent someone or you don't. You added other people that you are now representing and then you added a non-profit that you just created right now. Mr. Winker: I'm going to let you finish and I'd like to respond. Commissioner Diaz de la Portilla: Well, you add -- you created a non-profit in the break that we took after we told you that you had to register because if you lobby the City of Miami, which you were doing yesterday, you were not registered. And then you lobbied the City of Miami. So you were told by this Commission in different ways from different commissioners that you needed to register. So you went to register and then instead of registering. for the 10 people, first you listed -- first you said 13, you listed 13 names, then you said 7, now it's 10, it could be 11, I don't know, whatever. City of Miami Page 131 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 And then you formed a non-profit. And now you're saying that you registered a non- profit, but that you didn't give the city clerk a receipt of that registration. You can just walk over, he's two feet away from you, or you can e-mail it to him. And that is the registration process. So my question is, if we're going to follow a process for everyone, everyone being treated equally here, right? You need to register. What you can't do is talk out of both sides ofyour mouth. Either you register for everybody and for everyone that you represent, or you create a non-profit and you do it the way you want -- you think you can do it. And then we -- we're clear, we're on solid ground. We just want to be on solid ground, and we think that you should be on solid ground too. Mr. Winker: Well, 1 appreciate you worrying about me. Vice Chair Russell: Just a moment. Commissioner Diaz de la Portilla: I'm not worried about you, I'm worried about us. No, no, I want to make sure that we do things right. I'm not worried about you. Vice Chair Russell: Just a moment, Mr. Winker. Commissioner Diaz de la Portilla: Trust me I'm not. I'm worried about us. Vice Chair Russell: Gentlemen, you mentioned that you showed -- you said you have a receipt for April registration. Does that include payment? Mr. Winker: Correct. Well, it's -- it's a receipt. And I want to be very clear. 1 was told by the Clerk's Office the fee was exempt because it was -- it was a -- Commissioner Diaz de la Portilla: Mr. Chair, ask the clerk. Vice Chair Russell: Just a moment. Please. Commissioner Diaz de la Portilla: Ask the clerk. Vice Chair Russell: I will. Please -- please, I will. Mr. Winker: Can we finish? So I'm going to read off the receipt. I think this is important. I'm going to read off the receipt. This is my official receipt, Number 504679, dated 4/22/2021, received from David Winker, fee exempt, signed by the City Clerk. I did what I was supposed to do. I sent this in. The City has since changed its position and is saying to do this, this should not be fee exempt and a fee should be paid. We amended our registration such that today, we're doing a non-profit because I did not feel comfortable passing onto all these neighbors the costs of registration -- Applause. Vice Chair Russell: Just a moment, please. Mr. Winker: -- which I want to be clear, would have been -- Commissioner Diaz de la Portilla: Oh, come on. You didn 't feel comfortable paying out of your pocket. Mr. Winker: Sir, can I talk? Commissioner Diaz de la Portilla: Listen -- Mr. Winker: Through the Chair -- City of Miami Page 132 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: I'm trying to get to the bottom of this registration. Commissioner Diaz de la Portilla: You didn't want to pay it. Vice Chair Russell: Mr. Clerk. Commissioner Diaz de la Portilla: Ask the city Clerk. Vice Chair Russell: Mr. Clerk, can you clarify? Did Mr. Winker receive a receipt saying that he was fee exempt in April? Todd B. Hannon (City Clerk): I spoke with the person who received the lobbyist registration f brm, and they were left with the impression that he was registering for a not -for -profit. And so that's why they wrote the receipt out the way that they did. I'm not exactly sure how Mr. Winker presented the lobbyist registration form to this employee, but that's what the -- that's the impression that they were left with, which is why they followed that particular process. Vice Chair Russell: Got it. Let's move forward from here because we did establish this morning that in your current -- in your status at that time, it would require payments. So it was an incomplete registration. You went to go complete registrations. You have now formed a not -for -profit and registered to lobby on behalf of them. Mr. Clerk, have you received that now? Mr. Hannon: Yes, sir, I have the -- I have received the receipt. Vice Chair Russell: Are you satisfied that they have a not -for -profit that they are fee exempt? Mr. Hannon: I did confirm with the City Attorney's Office regarding the name of the not -for -profit corporation, Preserve the West Grove, Inc. (Incorporated). And we did not see it on SunBiz, but that is what is on the lobbyist registration form, and that's how Mr. Winker is presenting the form to the City. Vice Chair Russell: Got it. Mr. Min: Mr. Chairman, I would also add just so everybody's aware, Mr. Winker [sic] -- Winker or Winker [sicJ? Vice Chair Russell: Winker. Mr. Min: Winker -- Vice Chair Russell: No 1. Mr. Min: -- is an attorney. Mr. Winker is a member of the Florida Bar. So there are ramifications if there is any dishonesty or misrepresentation made concerning filing with the State or compliance with the lobbyist requirements. Vice Chair Russell: Thank you. Mr. Min: So just so you are aware, there are very significant consequences. Vice Chair Russell: I don't believe anyone's asserting that there's any sort of City of Miami Page 133 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 deception being made. This is a procedural issue, and I just want -- and Commissioner Diaz de la Portilla is just making sure that everybody is registered that is lobbying before us and that everything is being done proper. So are we satisfied that the residents seeking intervention have formed a not -for -profit. They have representation. He is registered as a lobbyist. Are we good? You're not good. Mr. Min: I'll add -- Commissioner Diaz de la Portilla: I rely on what my city attorney said. Vice Chair Russell: Well -- Mr. Min: I'll add another twist -- Commissioner Diaz de la Portilla: I will rely -- I'm not relying on anyone, I'm relying on my city attorney. Vice Chair Russell: And what does the city attorney say before he's about to make it worse? Mr. Min: Just one other thing fbr you to be aware of. What I've heard is that Mr. Winker has applied to lobby on behalf of not -for -profit organization, which means he is moving to intervene on behalf of that not -for profit organization. Which means under the case law and Miami 21, he needs to demonstrate why that not -for -profit organization has some type of special injury above and beyond -- Vice Chair Russell: Yes. Mr. Min: -- anybody else, not the individual members of that not -for -profit organization, but the actual organization. Vice Chair Russell: Okay. That's what intervenor process is for. So I think that's -- you're clear that that's the aspect for you. Mr. Winker: I'm good with that. Thank you. Vice Chair Russell: Alright. So, Mr. City Attorney, you are satisfied that he has registered properly? Commissioner Diaz de la Portilla: That's not what he said. Mr. Min: What I've heard as an officer of the court -- Vice Chair Russell. Yes. Mr. Min: -- is that he has registered the paperwork with the State of Florida. Vice Chair Russell: Yes. Mr. Min: If that is not an accurate statement, that Mr. Winker has said to this body, there are consequences that he would suffer. Vice Chair Russell: Right. But if he is true to his word, you are satisfied the corporations -- Mr. Min: As an officer of the Court -- as an officer of the court; I believe him. City of Miami Page 134 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Okay. Mr. Winker, the -- Mr. Winker: Great. Vice Chair Russell: -- the ten people that you listed are members of this not -for - profit? it? Mr. Winker: Yes. Vice Chair Russell: Alright. Are we ready to proceed? Commissioner Diaz de la Portilla: We need a quorum, I think. Vice Chair Russell: We do. We have -- Commissioner Diaz de la Portilla: Oh, I didn't see him over there. Sorry. Vice Chair Russell: Stretching. Commissioner Watson: Yes. Vice Chair Russell: We're ready to proceed? Commissioner Diaz de la Portilla: Okay. May 1 take a break, is that okay? Vice Chair Russell: You -- we can. We just can't take an action without a quorum, but we can listen here. So you're -- Commissioner Diaz de la Portilla: Yes, I'll be back. Vice Chair Russell: You're welcome to. Okay. Mr. Winker? Mr. Winker: Ready. Vice Chair Russell: Alright. Please make your presentation. Mr. Winker: When I talk to young people about political agency and getting involved, I talk about democracy being a verb. Vice Chair Russell: Just a moment. I'm being advised by the Clerk we actually do need three present on the dais to take up the intervenor question, not just fbr the action. Mr. Min: I'll confirm with the Commissioner that he's listening. Vice Chair Russell: Is that sufficient? Mr. Min: If he is -- the idea is the -- all of the elected officials have to be aware of what's going on. I will confirm that he's -- Vice Chair Russell: So we only have to be on the dais for a quorum for the vote? Mr. Min: For the action to be taken, if either party objects, perhaps you'd want to take a break. Vice Chair Russell: Well, I certainly don't want it to be asserted that a quorum wasn't -- wasn't privy to the information being given on which their decision is being made. City of Miami Page 135 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 So 1 will break for five minutes until Commissioner Diaz de la Portilla comes hack. Alright. So five-minute recess. [Later...] Vice Chair Russell: Okay, back to intervenor status for, PZ. 6 and 7. We'll get this done, I promise -- Commissioner Carollo: I thought you had finished. Vice Chair Russell: -- we're not leaving until we get it done. Commissioner Diaz de la Portilla: But it's early. It's early. Commissioner Carollo: I thought you had finished. Vice Chair Russell: I couldn't get do anything without a quorum. Alright. So we have a list that 1 wrote down and now Pm missing. And we've established, so are we ready to get into the merits of the issue? David Winker: Yes, we are. Vice Chair Russell: Alright. You're going to make the case --one case for this not -for - profit to have standing as an intervenor in this situation. Mr. Winker: And 1-- I would be clear, it's the not -for -profit plus the individual plaintiffs. Let's be clear, this is -- Commissioner Diaz de la Portilla: Well, yeah -- Mr. Winker: This is a quasi-judicial -- oh my God, we can't do this again -- Commissioner Diaz de la Portilla: Let's be clear -- let's be clear then. If it's individual people, I'm sorry, if anybody can testify to the opposite of this, but if it's individual people, then he has to register for them, right? Mr. Winker: No, I do not. I guess, like, listen, guys. Commissioner Diaz de la Portilla: You said let's be clear, so let's be clear. Mr. Winker: This is a quasi-judicial hearing. It is not required. I mean, how can we go back -and -forth on this? Commissioner Diaz de la Portilla: We can't. Vice Chair Russell: He's not required to represent them at this hearing. He is required in order to lobby them outside of this hearing. Barnaby Min (Deputy City Attorney): Yes, sir. Vice Chair Russell: And in this hearing, you are -- Mr. Winker: Representing the non-profit -- Vice Chair Russell: -- representing the non-profit. Mr. Winker: -- and the individual. City of Miami Page 136 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Okay. Mr. Winker: People as individuals. Commissioner Diaz de la Portilla: And the and the individual is the one I want to hear from Mr. Escarra, or Mr. Lago, I'm sorry, whoever represents the other side and the individual who is what concerns me and the individual you just added to it, right? Because you're an attorney, you know what that means. Mr. Winker: The case law is clear, it's not required. Commissioner Diaz de la Portilla: We heard your opinion. Mr. Winker: Well, I can read opinions also. Commissioner Diaz de la Portilla: I know we've heard yours. We're going to hear another one. Because, you know, if you put five lawyers in a room you get five opinions. Carlos Lago: So under controlling -- Carlos Lago, with offices at 333 Southeast 2nd Avenue on behalf of the applicant. Under controlling case law, especially Chabad versus Dade County, an association does not have standing to intervene unless it can show that it, rather than its members, will be adversely affected in a way that is greater than the general public. That is controlling Third DCA (District Court of Appeals) case law, sir. Vice Chair Russell: Mr. Winker, you disagree with that? Mr. Winker: Yes, I do. And the City Attorney will be aware of the recent case, Ernesto Cuesta, where the -- the judge wrote the following: Whether the word a person encompasses corporate entities is academic here because its -- its constituents are natural persons who fall comfortably within this provision. But in the absence of any controlling appellate precedent, the Court finds that residents include both natural persons and legally or organized juridical. I've never seen that word before actually. Juridical entities whose principal place of business is within the city limits, CEG in Rey advisory opinion to Governor, they cite 243 So.2nd, 573, 579. This is a 1971 case where it says the term residents and citizens have been held more often than not to apply to corporations as well as to natural persons. And, again, I would say this is a non -issue because I'm here representing the non-profit and -- Vice Chair Russell: The residents. Commissioner Diaz de la Portilla: And the residents. Mr. Winker: -- and the individuals, which I am allowed to do because this is a quasi- judicial hearing. Commissioner Diaz de la Portilla: Alright. Vice Chair Russell: I agree. Commissioner Diaz de la Portilla: Well, number one, what court was the Cuesta decision you cited? What court the Cuesta decision you cited? Mr. Winker: The circuit -- the -- it's Judge Hanzman the -- City of Miami Page 137 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: What court? Mr. Winker: -- the complex businesses. Commissioner Diaz de la Portilla: Okay. Mr. Winker: Eleventh Circuit. Commissioner Diaz de la Portilla: Eleventh. Okay. Mr. Winker: And in that case, he says there is no controlling appellate precedent to the contrary, which I -- Commissioner Diaz de la Portilla: And you cited the third -- and Mr. Lago cited the third DCA? Mr. Logo: Sir, was that an intervenor standing case? Mr. Winker: Yeah. Oh, it was standing on -- yeah, I guess it would be intervenor. They were suing under a -- on a zoning decision. Yeah. I would say that it's the same. Yes. Commissioner Diaz de la Portilla: Alright. Let's find out from our city attorney. Mr. Lago: Was it a zoning case, sir? Commissioner Diaz de la Portilla: Hold on a second. Mr. Winker: Again? Mr. Lago: Was it a zoning case? Mr. Winker: Yeah. This is the gambling case that had to do with the -- the mayoral veto. Mr. Lago: Right. Mr. Winker: The City Attorney would know more about the facts than I do. Vice Chair Russell: I'm having trouble finding the relevance though, because he can represent residents in a quasi-judicial hearing, and he can represent separately the not -fir -profit LLC (Limited Liability Company), which he's doing. So -- Commissioner Diaz de la Portilla: Well, the issue is whether he -- whether as a registered lobbyist -- Vice Chair Russell.• That separate. That's why he's lobbying -- Commissioner Diaz de la Portilla: No, no. Not separate -- no, as a registered lobbyist for an entity he is now representing as a registered lobbyist Ibr the entity, he has not registered for anybody else? Vice Chair Russell: Yes. But -- Commissioner Diaz de la Portilla: So he is not registered. Vice Chair Russell: But to be here today, he does not need to register. City of Miami Page 138 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: But he sent an e-mail yesterday. Vice Chair Russell: For that and he does need to be. Commissioner Diaz de la Portilla: Well, that's what -- that's the debate, right? So let's ask instead of us going back and forth, right? Let's ask our city attorney what his opinion is. Vice Chair Russell: Barnaby, let's put this to bed. Barnaby Min (Deputy City Attorney): So this is the problem and Mr. Winker is making his own bed and is going to suffer the consequences of it because as I tried to state earlier, Mr. Arrojo and the Commission of Ethics is watching this meeting. Mr. Winker: Yep. Mr. Min: So you're aware of that? Mr. Winker: Let's go. I'm ready to go. Mr. Min: In a quasi-judicial -- in a quasi-judicial proceeding, this proceeding, there is no need to register. The problem that Mr. Winker is going to have to address with the Commission on Ethics is what has happened prior to this hearing and the activities that have happened prior to this hearing, and the fact that he has not registered on behalf of the number of residents prior to this hearing. That, however, is an issue between him and the Commission on Ethics. Vice Chair Russell: The question I'm posing to you, however, is the burden he has before him right now with regard to intervenor status, he is contending that he is seeking status for individuals as well as separately a -- an organization. Why can he not do that? Mr. Min: If that is what he's going to attempt to do, he has to prove and demonstrate to this body why the individuals and/or the organization has some special injury above and beyond anybody else and everybody else. Vice Chair Russell: Agreed. Mr. Min: If he demonstrates it -- Vice Chair Russell: And/or is key. Let's say he cannot establish that the organization established today has been wronged above and beyond, but he can prove that the individuals could be adversely impacted above and beyond. Then he could -- we could grant intervenor status to those individuals and not the entity, correct? Mr. Min: Yes. If that is what the body finds, that is correct. Vice Chair Russell: Thank you. So we can go both ways on this. Mr. Lago: Mr. Chair -- Vice Chair Russell: You can -- you can try to get intervenor status for the group. You can try, to get the intervenor status for the individuals. Beyond that, the ethics question is between you and the Commission on Ethics. Mr. Winker: Exactly. City of Miami Page 139 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Logo: So 1 would like to know if he would be -- is he is going to be proceeding with seeking intervenor status for the group or for the association? Vice Chair Russell: Sounds like both. Mr. Winker: Yeah, we're going to try both. Mr. Logo: Okay. So just as a preliminary matter, you established this or incorporated this non-profit association today? Mr. Winker: Correct. Mr. Logo: Does it have an adverse -- does it have an interest in the application? Does it own property? Mr. Winker: Does not own property. Mr. Logo: So how could it be adversely affected? Vice Chair Russell: So let's -- that's what we're going to get into. So I just want to establish, what's the name of the not -for -profit, please? Mr. Winker: The name of the not -for -profit is -- Unidentified Speaker: Preserve the West Grove. Vice Chair Russell: Preserve the West Grove. Vice Chair Russell: Okay. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: Alright. Okay. So that makes for an attempt to get intervenor status for 11. That's the entity as a whole and then the 10 individuals? Mr. Winker: Yes. Vice Chair Russell: Mr. Winker, please go ahead and make that case for both the entity and the individuals at this point. Mr. Winker: Thank you. Vice Chair Russell: How much time do you need? Mr. Winker: I will need -- Pm going to do a short two -minute introduction, and then I'm going to be in calling up residents to speak to the adverse effects. Vice Chair Russell: Okay. So you're -- you're going to save the -- the LL -- the LLC, the -- the not-forprofitfor later? Mr. Winker: I'll do both -- I'll do both of them. Vice Chair Russell: Okay. Go ahead. How much time will you need per person because we got ten people? Mr. Winker: Two minutes a piece. City of Miami Page 140 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Perfect. Mr. Winker: Yeah, we'll make it quick. When I talk to young people about participating in politics and political agency, I talk about democracy being a verb. Democracy is something we do. And I appreciate you guys being here and doing this with us. And I appreciated everything that happened today. I see Pastor Robinson. I see -- I see some -- some from the developer, and I appreciate you being here. I honestly -- I think this -- this is a uniquely -- this situation is unique. And I -- thatl believe everyone is trying to do the best. I believe that the developers are trying to come up with a project that works. I can tell you, representing these people here has been an absolute pleasure. I'm not being paid to be here. I'm here because 1 believe in what they're trying to do, and they're trying to have input. Cities have the capability of providing something for everybody only because and only when they're created by everyone. Those words by Jane Jacobs are so critical in summarizing how residents have the right and the duty to take part in the design and planning of their neighborhoods. This is the foundation of building equitable and inclusive communities that respond to the needs of residents. The Miami 21 Zoning Code, and the Miami Comprehensive Neighborhood Plan. The primary documents that govern the master planning of our community explicitly include language aimed at ensuring that residents have a place in determining the future of their city. This language is not purely aspirational, it is prescriptive, and yet the equity center directives are too often treated as lofty ambitions that stand in the way of progress. The impact of undermining community participation in this instance is particularly pronounced given that this project has the potential to change the immediate neighborhood on Charles Avenue and William Avenue in one fell swoop. It is precisely when so much is at stake that residents should be able to actively take part in the proceedings. I'm going to read into the record a letter from Hank Resnik who could not be here. He was here earlier, he had to leave. And he asked me to read it into the record. And I think it summarizes what you're about to hear: My name is Hank Resnik, and I live at 3259 Gifford Lane. I'm here to comment on items PZ.6 and PZ.7, the proposed hotel on Charles Avenue. As a member of the Coconut Grove Village Council and also editor of the Coconut Grove Spotlight, I have participated in many discussions about this project and attended many meetings about it. In the past two months, those discussions have centered on the concerns of neighbors. My clients who live within 500 feet of the project, previously, those neighbors were not involved, and the developers made little or no effort to reach out and engage them. Now they have come forth to oppose the project unanimously and ask that their specific concerns be addressed. I support those neighbors and applaud their active involvement. I'm speaking for myself not for the Village Council, which passed a resolution nearly two -and -a -half years ago, supporting the project with several recommendations reflecting our own concerns. The immediate neighbors deserve to be heard, and their views respected. They worry that specific modifications to the project plan you include in your resolution today will be too easy to ignore or bypass. Among other things, they're concerned about traffic on Charles Avenue and loss of the tree canopy. Nearly two -and -a -half vears ago, I was part of a village council subcommittee that met with City staff to consider a plan for traffic calming on Charles Avenue. It's clear now that the plan needs to be revisited and then a detailed update of the plan be included in any resolution you pass today. One improvement to the plan should be installation of an avenue of large shade trees. It would add grace and dignity to the historic street and also calm traffic. Vice Chair Russell: Mr. Winker? Mr. Winker: Yes. Vice Chair Russell: This is a public comment statement by Mr. Hank? City of Miami Page 141 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: 1 couldn't get it in -- in -- Vice Chair Russell: I --1 understand, but we're actually going to take up public comment. Mr. Winker: I got it. I just want -- I wanted set the tone for what he's saying for why the residents needs to be heard and also setting the stage that they haven't been heard. Vice Chair Russell: That -- and -- and that's -- Mr. Winker: So I'll keep going. So -- Vice Chair Russell: What -- what 1'd like to -- what I'd like us to stick to is with regard to the special additional injury that they -- that these intervenors -- Mr. Winker: I will -- I will -- Vice Chair Russell: And I'll be happy to let Hank's letter be read in the public comment afterward. Mr. Winker: You got it. We know the issue. We know who wants to intervene. 1 brought the map. I'll put it back up. I'm going to have each of the residents walk up, show where they live, and talk about their special interest. Under Miami 21, intervenor is defined as a person whose interest in the proceeding are adversely affected in a manner greater than those of the general public. The City itself has issued a case law -- I mean, I'm sorry. A case cites the City as having previously opined that an aggrieved party for standing and zoning matters was a resident that lived within 500 feet of the property to challenge the proposed zoning action, it's Miami -Dade v. City of Miami. You're going to hear testimony about the adverse effects that are greater than the general public. Noise, traffic near the intervenor's homes due the -- due to the influx of more cars and trucks coming in and out of the property for construction and then hotel use, parking pressure on Charles and William Ave, traffic safety issues for young children and the elderly, increased tailpipe emissions due to traffic congestion and waiting cars and trucks affecting air quality. You're also going to hear about the diminution of value of their homes. It's an interesting issue because in many ways their homes are not going to be reduced in value. What's going to happen is their homes are going to become worthless. We -- we run out -- we ran out of quorum again. Vice Chair Russell: Just -- yeah. Please pause. Did we lose a quorum again, Mr. Clerk? Todd B. Hannon (City Clerk): It's my understanding if the other commissioners, which we assume are listening in on the proceedings that -- Vice Chair Russell: That is not my understanding. We are -- we are taking action on intervenor status. We need a quorum. Mr. Min: So it's my recommendation that we -- Vice Chair Russell: Okay. As the Chair, I am not continuing with the -- the hearing on intervenor status unless we have a quorum because I do not want our decisions challenged or the idea that someone wasn't listening or that we voted without a full body hearing all of this. So please, commissioners, I need your help. We're going to get done tonight. Thank you. Please continue, Mr. Winker. City of Miami Page 142 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: 1 was speaking about the diminution of value as -- yes, sir. Commissioner Carollo: 1 was listening to everything you said. Mr. Winker: I actually saw you back there. I was speaking of diminution of value. And it -- it presents a special case because these homes -- because if this commercialization happens, these homes actually -- their value is going to change and shift. The land is going to become valuable, but the structures themselves are going to become just nuisance. They're going to be a cost to get rid of. The land is going to become more valuable around this area as in -- as something that's scraped cleaned for future commercial development. That leads to displacement of neighbors, displacement pressure that they're feeling that is -- that is different than the rest of the community, obviously. It also goes to a depletion of affordable housing off -- options in the immediate neighborhood. One of the issues you're going to hear on Charles, they talked about a lot is problems with flooding, and that's only going to increase as water displacement -- as water displacement takes place as permeable land is paved over and covered with impermeable surfaces. There's going to be a reduction in tree canopy that's unique to this neighborhood. And you're going to have decreased walkability. Each of these factors has been found by courts in Florida to constitute adverse effects, separate and different. So with that, I'd like to begin and have residents come up. We're going to limit it to two minutes, please. And who do we want first. Ms. Gibson -- we have Ms. Shirley Gibson. She'll give her address. Vice Chair Russell: Mr. Winker, question, are all ten on this map that we can see here? Mr. Winker: Yes. Vice Chair Russell: Their homes are on this map? Mr. Winker: Everyone is on the map. And I -- I -- let me just clam. So the colors on the map, I think, are important. I'll put it up in the big screen for everyone. So the green is the development area, and the red is -- represents people who signed a petition against the project. So this is -- this is everyone within 500 feet. This is the -- the blanks just being we didn't get hold of them. The gold over here are Stirrup owned houses, and then the commercially owned churches over here. So I just wanted you to know what the -- the context was. So Ms. Gibson, would you point out on the map where you -- were your property is? Yeah. So she lives at 3287, which is one house removed from the development. Vice Chair Russell: Hello. Shirley Gibson: Good afternoon. Thank you for allowing me to come to speak. My name is Shirley Gibson. I am a former resident of Charles Avenue. My father was born there 110 years ago. My great grandmother came there in 1879, and I have a lot of history on that street. And I'm opposed to that street being changed from a residential to commercial. Mr. Lago: Mr. Chair. Vice Chair Russell: So and -- and just a moment. Mr. Logo: I would like to just clarify for the record -- Vice Chair Russell: Just -- just a moment, please. Mr. Logo: -- that Mr. Winker stated -- City of Miami Page 143 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Just a moment, please. What -- and here's what I'd like to establish because you're going to have a chance, especially through your attorney to make the case for why you oppose. What we simply need to establish in this moment is why your injury -- your perceived injury, potential injury is greater than the general public of Miami. And that's what we have to deal with here at this moment. Ms. Gibson: Well, I'm 500 feet. Vice Chair Russell: Do you have an opposition to this -- Ms. Gibson: Of course. Vice Chair Russell: -- intevenor application? Mr. Lago: Correct. But I ju,st like to clarify for the record that Ms. Gibson does not live on the property. The property is vacant for purposes of the record. Vice Chair Russell: So she owns the property? Mr. Lago: She owns the property, but Mr. Winker mentioned that she lived at the property. Vice Chair Russell: Okay. Mr. Lago: Which would create a different type of interest. Mr. Winker: Yeah. I apologize. I misspoke. She -- Mr. Lago: So I'd like to clarify for the purposes -- Mr. Winker: -- she owns two lots. Mr. Lago: For purposes of the record, you know, that Ms. Gibson -- this is a vacant lot. Vice Chair Russell: Alright. So you would oppose intervenor status? Mr. Lago: Yes. Vice Chair Russell: Based on? Mr. Lago: Correct. I mean, based on other arguments. 1'll let them make their arguments and then I will rebut. Vice Chair Russell .• So as a -- as a property -- so intervenor status -- Barnaby, this is for you. Mr. Lago: I prefer that they just go through all their intervenors and then 171 rebut. Vice Chair Russell: Well, for us it's much easier to keep it under -- keep it organized and remember each person's argument -- Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: And deal with them one at a time just like a jury selection. Barnaby, intervenor status, does it extend to property owners versus those who live on City of Miami Page 144 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 the property? It doesn't clarify that in the code, does it? Mr. Min: It does not distinguish. Again, the standard is does the individual have some type of special injury above and beyond anyone else. Whether they are resident or not is a factor to be considered, but it's not the only factor to be considered. Vice Chair Russell: So -- Mr. Lago: Mr. Chair? Vice Chair Russell: Yes. Mr. Lago: 1 would also like to state that proximity is just one of the four factors that is considered. Vice Chair Russell: There are four factors? Mr. Logo: Correct. So, I mean, I can go through that whole analysis now. Commissioner Diaz de la Portilla: Just mention -- if I may -- Mr. Lago: Or I can go through that analysis later. Commissioner Diaz de la Portilla: -- just the four factors. Mr. Lago: So if you want me to -- so look, you know. Well, let me go through it then. Case law cis all of you know sets of criteria for who -- Vice Chair Russell: Just a moment. Are you reading from the code or from case law with regard to the four factors. Mr. Lago: The four factors is in case law. Vice Chair Russell: Okay. Because our code is very general with regard to -- Mr. Lago: Right. So -- Vice Chair Russell: -- the adverse impact greater than so as the general public. Mr. Lago: That's -- no, so case law interprets how you -- how you determine and grant intervenor status. Vice Chair Russell: Fair enough. Mr. Lago: Okay? So case law sets -- and you've applied that case on the past in many, many intervenor cases. So there's no case law that provides that all property owners within 500 feet of rezoning can be intervenors. Such a broad rule would obviously make quasi-judicial hearings very cumbersome, with potentially hundreds of intervenors having the right to present witness -- witnesses and cross-examine. So the relevant case law starting with Renard v. Dade County, which you have applied in the past, provides an intervenor as someone who has a definite legally recognizable interest, not a speculative interest, a definite legally recognizable interest that exceeds the general interest of the community, and which will be adversely affected by the application. The four factors used in determining intervenor status are one, proximity to the property being rezoned, two, character of the neighborhood, three, extent of the proposed change, and four, notice. All factors need to be considered as one of them alone is not sufficient to establish intervenor status. For this reason, intervenor status City of Miami Page 145 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 is a fact -- is a fact antecedent determination that this commission handles on a case - by -case basis. So I object to Mr. Winker's characterization of intervenor status as being automatically granted to all property owners simply because they own property within 500 feet. Vice Chair Russell: Understood. Mr. Winker: May I respond to that? Ms. Gibson: Break that down to me in layman's term. Vice Chair Russell: Your attorney will absolutely be glad to help you with that. Mr. Winker: 1 will ask you a series of questions but let me go back. I -- first of all, 1 very vehemently disagree with the conclusion of law, Miami v. Miami -Dade made it clear that the City has previously opined that the aggrieved -- Vice Chair Russell: Correct. Mr. Winker: -- party for standing was a resident that lived within 500 feet of the property. The case that's cited by Mr. Lago had to do standing outside of the context of the City ofMiami code. The City ofMiami code is clear. Vice Chair Russell: Mr. Lago, so the case you cited, was that about intervener status or standing? Mr. Lago: Sir, Renard v. Dade County is the controlling law. It was decided by the Florida Supreme Court. Vice Chair Russell: That 1 understand. But is it about intervener status or is it about general standing for a lawsuit? Mr. Lago: It's about standing. Vice Chair Russell: Okay. So, it's a little apples to oranges? Mr. Lago: So, the case that -- Miami -Dade County v. City of Miami that was cited by Mr. Winker is the Playhouse case, which was an appeal of a HEP (Historic and Environmental Preservation) case, which you know very well, and you know very well, this body, during the Carrollton -- the recent Carrollton appeal, that was discussed at length. And that is a different standard than the standard here. So, that case does not apply to this. Vice Chair Russell: Mr. City Attorney? Mr. Min: Correct. Renard is the -- Renard is the case that we typically rely upon in determining intervener status. And again, there are factors that you can consider, whether the factors that are in Renard, which were listed by Mr. Lago, or any other factors that you want to consider. You need to take into consideration all the arguments made by Mr. Winker and his clients, as well as responses by Mr. Lago and his clients, and determine, do those individuals, and the organization, have some type of special injury greater and/or above every -- anybody else? Vice Chair Russell: Would you agree, however, with Mr. Lago that each intervener request needs to check off all 'bur boxes of proxinnty, character, extent, and notice? Mr. Min: I would state that those are 'bur factors -- City of Miami Page 146 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: But not mandatory for all -- Mr. Min: Correct. Vice Chair Russell: -- four to apply to each? Mr. Min: Correct. Those were four examples that were stated in Renard. Vice Chair Russell: Okay. Mr. Min: Those are not the only four examples. Commissioner Diaz de la Portilla: But -- Mr. Min: If you believe -- Commissioner Diaz de la Portilla: But all four must be met? Mr. Min: That would -- those were the four factors that Renard said were -- Commissioner Diaz de la Portilla: There are additional ones that we can discuss, but must all four be met? Mr. Min: There is no set number. You need to consider factors. If you think the proximity issue is the most important factor and that's the one that's met, and you think that because of proximity alone, if that's what the body determines, because a proximity alone, those individuals have some type of special injury more and above and beyond than everybody else, then under Miami 21, which is what our case was -- Unidentified Speaker: Understood. Vice Chair Russell: It sounds like it's rather subjective, and we do have some of the -- Commissioner Carollo: Let me -- Vice Chair Russell: Yes. Commissioner Carollo: -- let me ask the assistant city attorney a question. Does it have to show, for instance, if you pick one of the factors, that it would change the -- if this is approved, it would change the amount that the property could be worth? It changes the value of the property. Is that one of the reasons that it could -- Mr. Min: If that is a factor that this body determines it is there a reason why these individuals would suffer or have some type of special injury above and beyond, then the answer is yes. Commissioner Carollo: Now -- Mr. Min: If that is a factor that this body does not think is relevant, then the answer is no. Commissioner Carollo: So, in other words, if -- we might think that, instead of lowering the property value, if this is approved, it's going to increase the property value, then that will not -- at least on that one issue -- Mr. Min. Correct. City of Miami Page 147 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Carollo: -- that would not be a valid reason then? Mr. Min: That is a factor that, again, the commission can consider as it deems appropriate. Mr. Lago: That's correct. Commissioner Carollo: Okay. Vice Chair Russell: Is it? I mean, an intervener could be in support, right? 1 could want to intervene in order to be of -- and so they could be advocating jbr the increase in value greater than the general public. Mr. Min: In theory, yes. Vice Chair Russell: And so -- Mr. Min: I mean, the idea of an intervener -- Vice Chair Russell: I don't think the value up or down should make a difference. Mr. Min: Right. The idea of an intervener is they have -- Vice Chair Russell: Okay. Mr. Lago: So -- Vice Chair Russell: We contemplated legislation a few months ago with regard to tightening up intervener status. What was the outcome of that? Mr. Min: Correct. The issue that came about is there was a proposal, which the commission adopted -- Commissioner Carollo: Yeah. Mr. Min: -- amending Chapter 23 of the City Code to have similar language in Miami 21 about granting intervener status in HEP proceedings. Vice Chair Russell: And did that pass? Mr. Min: That passed. And the caution that we gave to this body was the problem we're having here right now. Miami 21 does not have the factors listed. It's a very subjective analysis. And we -- what we wanted to proffer is to have very explicit factors listed. So, this body would know if these boxes are checked, then the answer is yes. Vice Chair Russell: And when we passed it, what did -- what were the criteria that we placed in it? Mr. Min: The exact same language we're considering today. Does the intervener have some type of special injury above and beyond anybody else? Vice Chair Russell: So, we did not set a radius? Mr. Min. No. City of Miami Page 148 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Okay. Mr. Lago: There is no radius. Vice Chair Russell: So, it sounds like it's quite -- Mr. Lago: There is no radius. Vice Chair Russell: -- subjective ,for the Commission. You may disagree because you feel we have to hit -- Mr. Lago: There's no radius. Vice Chair Russell: -- a certain number of check boxes. Mr. Lago: Yeah. So, Mr. Winker mentioned that the -- everybody who lives in -- that these properties -- the land values for the properties in this area -- excuse me, the land values of the properties in this area, the value would go up. That is not adversely affected. That's a positive. Commissioner Carollo: Of course. Commissioner Diaz de la Portilla: Of course. Vice Chair Russell: It's a good point. So -- Commissioner Diaz de la Portilla: Adverse is adverse. Vice Chair Russell: But it is subjective as to whether or not the values will increase from this or whether they will degrade. Some might say one way, some might say another. Mr. Lago: I'm just repeating what he said. Vice Chair Russell: Understood. Commissioner Carollo: And what -- Commissioner Diaz de la Portilla: Well -- well, that's an important point. Commissioner Carollo: What did he say again? Commissioner Diaz de la Portilla: The adverse, it's a -- I'm sorry. I'm sorry, Commissioner. Adverse is adverse. And if you don't live there -- intervenor number 1. If you don't live there -- Vice Chair Russell. Yeah. Commissioner Diaz de la Portilla: -- and you are renting it -- I'm assuming you're renting the property, right? Or -- Vice Chair Russell: It's vacant land. Commissioner Diaz de la Portilla: It's vacant land. Okay. I'm assuming that you know that the property value is going to increase, right? Vice Chair Russell: Right. City of Miami Page 149 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: In all likelihood, right? Ms. Gibson: You know, I'm not concerned about that. I don't want to sell my land. I had -- Commissioner Diaz de la Portilla: Well, it's not about you selling. It's about the property value increase. You don't have to sell it. I'm saying there's a property value increase. So, that's not adverse by definition, right? It's beneficial to you, right? If the property value increases, it's actually beneficial to you. Mr. Winker: The property taxes. Commissioner Diaz de la Portilla: No. No. No. I'm asking her. I'm asking -- Ms. Gibson: That's right. I just paid $11,000. Commissioner Diaz de la Portilla: I'm not asking you. I'm asking her. Ms. Gibson: I just paid $11, 000 last week on taxes. But the issue I'm having with developers trying to buy my property, and when I said no, they decided to take it. They went downtown with a fraud warranty deed. Now, I'm in court fighting to get my property back that I did not sell, and I'm not going to sell. Vice Chair Russell: Yes. 1 read that. Commissioner Diaz de la Portilla: So, the status of your property is in question, right? So -- Vice Chair Russell: No. It's established. Someone tried to fraud her out of her property -- Commissioner Diaz de la Portilla: Oh, wow. Vice Chair Russell: -- and selling it out from under her. Separate subject. Mr. Winker: It's outside. Vice Chair Russell: But the question is -- Commissioner Diaz de la Portilla: I'm sorry. Is the property outside? Because I think that's important. Vice Chair Russell. • No. No. It's right there. Commissioner Diaz de la Portilla: Oh, I'm sorry. Where is that property? Vice Chair Russell: It's 3287. Commissioner Diaz de la Portilla: It's right next to it. Okay. So, as you bring these interveners, you're going to point -- as you bring -- Mr. Winker -- Mr. Chair, ifI may. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: As you bring these interveners, you're going to point in that little map there as to where the property is, right? Okay. City of Miami Page 150 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: Okay. Vice Chair Russell: But who's to say that a bed and breakfast next door to you is going to increase your property versus devalue your property. That's a subjective statement. It could go either way based on how it's run and -- Mr. Winker: Right. Vice Chair Russell: -- what it looks like. I mean -- right? Mr. Winker: And ifI may, what tried to -- the nuance I tried to point out was, it's going to affect different properties differently. She's -- this lot that she has is now going to be next to a 66-room hotel. In my opinion, her value is going to go down. No one wants to live next to that hotel. Vice Chair Russell: Okay. So, that's part of the determination to be made. Mr. Winker: Right. It's just -- that's one of the factors. Commissioner Dial, de la Portilla: She's -- Vice Chair Russell: I -- my opinion, I would grant you intervener status. Based on owning a property two doors down from the application. Could it be adversely impacted greater than the general public? I would think, absolutely. That's just my personal opinion though. And it's going to be up to this body for each person who's applying for intervener status on which to be voted. So, based on what's been presented, I would make a motion to accept intervener status for this applicant. Is there someone here to make a motion to that effect? Commissioner Watson: Well, I guess -- Mr. Chair, just one question, because of this conflict. And was Commissioner Carollo's question answered? Was his question answered? Vice Chair Russell: What was his question? Commissioner Watson: Because he asked a question earlier about the property. So -- because I saw her case on television. So, she has a vacant lot. And the attorney said the property value would go up because it's a vacant lot. Because, I guess, she corrected and said earlier that she lived there. She doesn't. It's a vacant lot. So, if the property value is going to go up, then how is she affected? Vice Chair Russell: How do you know it's going to go up? Commissioner Watson: Well, he said it. Mr. Lago: Well, that's what Mr. Winker said. Commissioner Watson: That's what he said. That's what I'm trying to -- Mr. Winker: No. No. I said -- let's be clear, I said just the opposite. I said some lots will go up; some lots will go down. Mr. Lago: No. No. Mr. Winker: I think her lot will go down. It's next to a 66-room hotel -- Mr. Lago: Mr. Winker. City of Miami Page 151 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: -- zoned residential. Commissioner Diaz de la Portilla: Well, first of all -- Mr. Winker: Let me finish. Let me finish. Commissioner Diaz de la Portilla: -- he's not a real estate appraiser. Mr. Winker: She has -- I'm not a real estate appraiser. Commissioner Diaz de la Portilla: Of course not. Mr. Winker: But she owns a lot zoned residential next to a 66-room hotel. Her lot value is going to decrease. Vice Chair Russell: This is very subjective. And I -- this is my personal opinion, that you can fight to deny as many as possible on specifics and nuance, but it's all going to be about a judge later on, whether or not he believes she could sustain greater injury than the general public. So, I would always err on the side of granting intervener status, letting them make their argument, and then at least they've been heard, and a judge later on can't knock this case out on the fact that we did not grant intervener status to someone we should have. So,1-- I'm not of the school to fight tooth and nail against every potential intervener. I would say, and especially for the sake of time, if we can recogn -- I'd like to hear your criteria for why you -- Mr. Lago: Mr. Russell. Vice Chair Russell: -- who you think should get in and why you think others shouldn't, and then we can make a -- Mr. Lago: Commissioner, if we -- Vice Chair Russell: -- relatively good decision. Mr. Lago: -- if we went under that premise, then -- everybody within 500 feet, in this case it should be 148 property owners who received mail notice of this hearing, could be granted intervener status. We wouldn't -- the law simply doesn't support -- Vice Chair Russell: I don't necessarily agree with that. Mr. Lago: The law simply does not support that proposition. Vice Chair Russell: Okay. Mr. Lago: And we'd be here all day. So -- Vice Chair Russell: So, which ones? So abutting, two doors down? What do you what is your criteria? Mr. Lago: There is no abutting. If there were an abutting, I would agree. If there were an abutting resident who's requesting intervener status, I would agree to that status right here. And I have that authority from my client to do so as well because the law supports it. Vice Chair Russell: How many of your applicants are abutting, Mr. Winker -- that own property abutting? Just give me the names. City of Miami Page 152 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Hannon: Chair. Vice Chair Russell: Yes. Who's talking? Mr. Lago: Somebody needs to come in. Vice Chair Russell: Oh, the microphone. I just need the names of anyone who is abutting, because we can knock that out right now. Mr. Hannon: Microphones are not on, Chair. Vice Chair Russell: Of the ten who are seeking intervener status -- Mr. Winker: So, Ms. Gibson is here at 3287. Vice Chair Russell: And it -- Mr. Winker: She is next to the property. This is -- this -- you can explain this property probably better than I can. Vice Chair Russell: Her northeast corner touches. Mr. Winker: Correct. Mr. Lago: No, sir. Commissioner Watson: Her northeast corner does not touch the assemblage? Ms. Gibson: Yes. It does. Commissioner Diaz de la Portilla: So abutting has a definition. Mr. Winker: Guys, guys, guys, there's no arguing about this. She's abutting. The -- it's clear on the map. She's abutting. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Alright. Is there a motion to grant Ms. Gibson intervener status? Mr. Lago: So, what I would say is for -- Vice Chair Russell: Just a moment. I want to see if there is a motion. Commissioner Watson: Well, I guess the -- Vice Chair Russell: Just based on her property touching -- Commissioner Carollo: Well, but -- Vice Chair Russell: The assemblage -- Commissioner Carollo: Hold on. Which is her property? The one with the yellow? Vice Chair Russell: 3287. Commissioner Carollo: Or the one in the red? City of Miami Page 153 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Is it that one? Mr. Winker: Who has the -- Commissioner Diaz de la Portilla: I do. I do. I do. Right there. Mr. Winker: Good job. Vice Chair Russell: Look at that. Commissioner Diaz de la Portilla: Is that it? Mr. Winker: Right here. Vice Chair Russell: This is her property? Commissioner Carollo: Be careful, David. If he points at your head, that's where I would duck. Commissioner Diaz de la Portilla: So, that's not abutting, right? Okay. Mr. Winker: Exactly. It's right there. Right at that point is the -- Commissioner Diaz de la Portilla: So, it's not abutting? It's not abutting. Mr. Winker: Right. Commissioner Watson: The vacant lot. Commissioner Carollo: It's the red. Mr. Winker: Yes. Commissioner Carollo: No. No. Hold on. Hold on. Commissioner Diaz de la Portilla: So, it's right there. That one. Vice Chair Russell: She's abutting here on the corner. Ms. Gibson: No. They're cutting -- Commissioner Carollo: Well, I don't see that abutting. I mean, that's -- Commissioner Diaz de la Portilla: Yeah. It's not abutting. Commissioner Carollo: It's the one next to the yellow. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: The yellow is not part of what they are -- Mr. Logo: The yellow is part of the Stirrup property. Commissioner Carollo: Oh, the yellow -- no. No. But -- Mr. Winker: Yes. It is. City of Miami Page 154 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: No. No. No. Mr. Lago: It's not part of the project. Commissioner Diaz de la Portilla: No. Vice Chair Russell: It's not part of the zoning application. Commissioner Carollo: The yellow is not part of the zoning application, correct? It's only the green? Mr. Lago: Right. Mr. Winker: Correct. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: So, if it's the lot next door, on what is the definition of abutting -- Anthony Vinciguerra: I'm not an attorney, but I thought you just established that abutting was nowhere in the law. Vice Chair Russell: Just your -- just your name, please, for the record. Mr. Vinciguerra: I'm so sorry. Commissioner Carollo: Hold on. You just can't -- Vice Chair Russell: Who are you? I know who you are. Commissioner Carollo: You just can't let anybody get up here like this. Vice Chair Russell: I just want to know. You can't just jump up and start talking. Mr. Vinciguerra: I thought that you wanted -- Anthony Vinciguerra of 3325 Charles Avenue. Vice Chair Russell: You're also seeking intervener status? Mr. Vinciguerra: Correct. Vice Chair Russell: You're on the list? Okay. Mr. Vinciguerra: I'll be seeking intervener status. Vice Chair Russell: We will -- you have representation. We're going to get to you. I apologize. Mr. Vinciguerra: Sorry. Vice Chair Russell: But we can't just jump up and started talking. Commissioner Carollo: I'm sorry, but that's not the way it works here. Mr. Vinciguerra: Right. City of Miami Page 155 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: We will definitely get to you. Commissioner Carollo: Go through your attorney. If you needed the time to have spoken, then you should have spoken before. If the Chair wants to give you another two minutes, I don't mind, but I had the floor, and you just jumped up like that. Now, what I'm trying to ascertain is the yellow lot -- that's in yellow, you own that too, right, ma'am? Vice Chair Russell: 3277. Commissioner Carollo: No. No. I'm talking the one next to the green. Mr. Winker: Yeah. That's it. Vice Chair Russell: 3277. Mr. Winker: They own that one. Vice Chair Russell: Who owns that? Commissioner Carollo: Who owns that? Who owns that yellow? Ms. Gibson: Who owns it? Commissioner Carollo: Yeah. Vice Chair Russell: No. No. 3277, who is the owner? Unidentified Speaker: Stirrup/Randall. Vice Chair Russell: Okay. But is it part of this application? Unidentified Speaker: It's being split. Yes. Yes. Vice Chair Russell: Okay. So -- Mr. Winker: It's part of the application. Let me just -- let me -- I'm sorry to interrupt -- Mr. Lago: No. It's not. Mr. Winker: -- but I can clam. It's part of the application and it's actually being split. Mr. Lago: That's incorrect. And that -- and we would like to -- I object to that. Vice Chair Russell: Just a moment. Mr. Lago: That's incorrect. That is not part of the application. That's not an address that's listed in the application. It's not part of the legal description. Vice Chair Russell: Mr. Winker, why did you not include it in the green boxes if it's part of the application? Mr. Winker: Because it's a split. They're splitting -- Mr. Lago: No. City of Miami Page 156 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: -- this lot. 3277 is being -- they can explain what they're doing, but the bottom line is I've been at meetings with the -- with this owner from the family who explains to us the lot is being split. She shows with the house -- Vice Chair Russell: But is that in the application before us -- Mr. Lago: No. Vice Chair Russell: -- Mr. Winker? You're going on hearsay at this point. Mr. Winker: We'll have to bring up the application, but my understanding -- I mean, listen -- Unidentified Speaker: Do you have the application? Vice Chair Russell: Okay. Mr. City Attorney, is 3277 in the application? Mr. Min: The addresses is in the application. I'm sorry, I'll have to read them off. Vice Chair Russell: 3277 Charles Avenue. Mr. Min: 3277 Charles Avenue is in the application. Vice Chair Russell: It is in the application. Mr. Winker: Of course, it is. Mr. Min: And a portion of 3277 Charles Avenue. Mr. Lago: Let me explain. Vice Chair Russell: Okay. So then -- Mr. Lago: Wait a minute -- wait a minute. Vice Chair Russell: Then Ms. Gibson's property abuts. Mr. Lago: Commissioner. Let me explain. Mrs. Carol Henley, who's here today, who's part of the family. She was sitting in the red right here -- Vice Chair Russell: Yeah. Mr. Lago: -- owns these two lots. She's a member of the Stirrup family, okay? The address of these -- they're -- they're now joined by folio, okay, as 3277. If you look at her applications, our application says, a portion of 3277. If you look at her legal description, this lot is not included in -- in the application. Vice Chair Russell: Mr. City Attorney, you said the lot -- Mr. Lago: You said -- Mr. Winker: Can I respond before the City Attorney does? The cover page from Greenberg Traurig says this -- this -- this here is cut and paste from his application. Mr. Lago: No, it's not. City of Miami Page 157 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: Those addresses -- we're going to bring up your letter -- Vice Chair Russell: I don't know why your demonstrative -- Mr. Winker: I did not -- I did not make up 3277. Vice Chair Russell: Alright. Mr. Winker: That is on your letter. Vice Chair Russell: Why didn't you include it in your demonstrative as part of the green assembly? Mr. Winker: Because our understanding is that it's being split -- that the lot itself is being split, it's owned by the same family. Vice Chair Russell: Alright. Mr. Winker: And like I said, the language that they put in the application includes it. We're not making this up. Vice Chair Russell: Okay. The only thing we're splitting is hairs. Commissioner Diaz de la Portilla: But what does it mean -- what -- what does it mean that it's -- the Iot's been split? Mr. Lago: It's not. It's a platted lot. It's -- Commissioner Diaz de la Portilla: Well, that -- that -- that's my point -- that's my point. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: It's the same size here. It's the same sized lot as the others next door. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: So it -- it had to be platted that way. Vice Chair Russell: Alright. Ms. Gibson abuts a lot that is referenced in the application. I would -- asking for a motion to grant her intervenor status. Is there a motion? Mr. Lago: Mr. Russell? Vice Chair Russell: I'm just asking is there a motion? Commissioner Diaz de la Portilla: There's no motion so we move on. Mr. Lago: If could show you -- if could show you this. It's not -- it's not a part. And I would -- Vice Chair Russell: Then why do you list it in your application? Why is it listed in the item? Mr. Lago: Because it's all under one address, but they are two separate properties. City of Miami Page 158 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Over here, you see where Ms. -- Ms. Henley's home is? That is a single platted lot. The vacant lot next to it, which she bought separately at a different time, at a -- years later, is part of the application. Vice Chair Russell: And are they one folio? Mr. Lago: They're one folio, but that's only for tax purposes. This is not being included. Commissioner Diaz de la Portilla: Let me see that. Vice Chair Russell: So -- so it can be said -- Mr. Lago: (UNINTELLIGIBLE) staff analysis -- Vice Chair Russell: -- that Ms. Gibson abuts a folio that is in the application. Mr. Lago: But no. That's incorrect. Look, no, that's incorrect. That's her -- that's her home. She's going to continue living at that home. It's not part of the -- the rezoning. This property is not being rezoned. Vice Chair Russell: Okay. It sounds like it's the opinion of this body that if you don't abut, you don't get intervenor status. Is that what I'm hearing by -- by no motion on this one house away? Commissioner Diaz de la Portilla: Yes. Yes. Vice Chair Russell: Okay. Because -- I -- this we're setting a precedent here. Commissioner Diaz de la Portilla: Not really. Vice Chair Russell: Well, for the rest of this decision -making, we are. Commissioner Diaz de la Portilla: Yes. I think so. Mr. Lago: If you can read up here, a portion of 3277 Charles Avenue. Vice Chair Russell: Right. So it's a portion of it, but it's still included. Mr. Lago: No, sir. But -- but we go by legal description. You rezone properties by legal description. Commissioner Diaz de la Portilla: Right. Mr. Winker: This property is not included in the rezoning. Vice Chair Russell: A portion of it is. Mr. Lago: Just this portion -- Vice Chair Russell: Okay. Mr. Lago: -- but they are two distinct properties. They just happen to have the same address under the same tax folio, which means nothing when it comes to this rezoning. It's not relevant or pertinent to this rezoning. Vice Chair Russell: Alright. City of Miami Page 159 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Logo: And a court will -- will agree. Vice Chair Russell: Okay, now, here's what 1-- you're about to go into arguments for every single one, and we're way past the 20 minutes we talked about. I need to know from this body if it will -- if a majority of this body will not grant intervenor status if you don't abut. And if that's the case, let's get done with this right now. I disagree with it. And I think that this will be susceptible to challenge at a higher court, which is at your own peril. Mr. Winker: But I don't think that's the question here. Commissioner Diaz de la Portilla: If it doesn't abut -- if it doesn't abut, it shouldn't be granted intervenor status. Vice Chair Russell: If it doesn't fit, you must acquit. Commissioner Diaz de la Portilla: Yeah, correct. Vice Chair Russell: Alright. So I have one position on that. Do I have two others? Because that will make this go much quicker if we can get to -- Commissioner Carollo: Look, while I was trying to get to the fact that indeed her lot was abutting or not, 1 think that's been clear. It's not abutting because these are two separate lots. Might be in one folio, but they are still two separate lots. So that -- that issue is not a problem for me. Now, I'm -- what I'm not going to tell you is that, I'm going to create a precedent that the only way that 1 would ever vote to give someone intervenor status if they -- they have to be abutting because he can still be -- and this is why we send notices of 500 feet, you can still have properties close enough that could grant someone intervenor status and they are not abutting. Now, on the abutting issue, in -- in her case, it's clear to me that, you know, that doesn't apply to her. Vice Chair Russell: Okay. Commissioner Carollo: Maybe there's some other reasons that could apply that I could be convinced of. I don't know, but not on that one. Vice Chair Russell: Alright. Well, let's see, Mr. Winker, are there any other reasons beyond the geographic location of Ms. Gibson's property why she should be granted intervenor status? Commissioner Watson: Did she -- did she get her property back yet? Did she get her property back yet? Vice Chair Russell: Ms. Gibson? Did you prevail on the fraud case? Do you have your property back? Ms. Gibson: Not yet. Vice Chair Russell: Not yet. Commissioner Watson: (UNINTELLIGIBLE) because she don't own the property anymore. Mr. Winker: So guys, I -- just the one thing I want to make sure is, you know, in -- in your ordinance, it says 0.96 acres described herein, a real property is located at, and it includes 3277. So I -- I hate to argue with Commissioner Carollo, but I -- I do think City of Miami Page 160 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 it abuts. Vice Chair Russell: Well, let's move on beyond that. Commissioner Diaz de la Portilla: Commissioner Watson, Mr. Chair, Commissioner Watson just said, we overheard so I can say it, just said, well, she didn't get her property back, that means that you -- you don't own the property. Ms. Gibson: Say what? Commissioner Diaz de la Portilla: If you didn't get your property back, you do not own it, right? Ms. Gibson: It was stolen. Mr. Winker: No, no guys, guys, guys. This has nothing to do -- that's a different line. Commissioner Diaz de la Portilla: Hold on. Hold on. Well, that's not what I heard. Vice Chair Russell: It's not this lot that's in question? Mr. Winker: This -- this lot that we're talking about is in her name and is not part of the fraudulent deed that occurred. Commissioner Diaz de la Portilla: Okay. So -- Commissioner Watson: It's -- it's just a lot, but she's not living there. Mr. Lago: That is not true. Mr. Winker: No, she does not live there. It's an empty lot. Commissioner Watson: Alright. Mr. Lago: So you've said that on the record, Mr. Winker? Mr. Winker: What's that? Mr. Lago: This is not the property that's subject to the fraud? Mr. Winker: Correct. Commissioner Diaz de la Portilla: Wow -- Mr. Lago: Okay. Mr. Winker: This -- this -- this lot here is -- Mr. Lago: It's your license. Mr. Winker: Yeah. It's not -- it's not the subject of the property. The -- the -- the -- Mr. Lago: Where -- where is that -- Mr. Winker: -- Plaza Street. Mr. Lago: Okay. City of Miami Page 161 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Lago: So the property records -- Commissioner Diaz de la Portilla: So, do we need to move to grant -- Mr. Lago: So the property records reflect Shirley Gibson as the owner of that property right now. Mr. Winker: I believe -- is this property in your name or in Clarence? It's -- it's either in her relative's name or her name. Ms. Gibson: My grandfather. Mr. Winker: That one's -- yeah, that we -- I -- will have to double-check, but 1 believe that one's in her name. Mr. Lago: It's his license. Its not mine. Vice Chair Russell: 3287 is in the name of William W. Gibson. So it is in her name, alright? So let's dispense with that. She owns the property -- Commissioner Diaz de la Portilla: No, William is not her name. Mr. Lago: Okay. Vice Chair Russell: Ms. Gibson, you're an owner of this property, correct? 3287. Mr. Winker: And she also owns -- Commissioner Diaz de la Portilla: That's 3287, not 3277. Vice Chair Russell: No, 87. Commissioner Diaz de la Portilla: That's not abutting, that's not even close to being abutting, right. That's one on the -- to the -- Mr. Winker: 3287? And then you also own -- what's the other property on Charles, that you own? Vice Chair Russell: Even further, let's -- Mr. Winker: She also owns 3315, just to be clear. Commissioner Diaz de la Portilla: She owns them all but none of them are abutting. Vice Chair Russell: Mr. Min, do we have a code definition for the word abutting? Mr. Min: Yes. The definition of abutting in Miami 21 is to reach or touch -- to touch at the end or be contiguous with, joined at a border or boundary, terminate on. Abutting properties include properties across the street or alley. Vice Chair Russell: Now, when you say touch, tell me how her northeast corner does not touch this assemblage, Mr. Min. Mr. Lago: I -- I would ask that to your Planning Director, Commissioner. Vice Chair Russell: Well, I'm asking staff in general. Ms. Gibson's property 3287, the City of Miami Page 162 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 -- the top right corner -- could share a fence post with a property within the assemblage. It says touching. Was Mr. Min's definition for abutting, does 3287 touch the assemblage? I'll -- I'll take an answer from anyone, Planning Director, Zoning Director, City Attorney? I mean, this is a zoning administrator question. I'll -- I'll explain the question, Mr. Goldberg if you could come down to the lectern. Mr. Goldberg? Keeping in mind his definition of abutting from earlier today. Mr. Goldberg, good afternoon. Mr. Min read the definition of abutting to include the word touching. Property touching another property. In your opinion as a Zoning Administrator, on this map in front of us, 3287 has a northeast corner that touches 3270, which is in the assemblage. Do you see where I'm referencing? It touches. Does that meet the definition of abutting under our code? Daniel Goldberg (Zoning Administrator): Hesitant to give a -- an opinion on the fly here that could have far-reaching effects. 1 don't believe, historically, has been used that way. However, they touch at a vertices. They touch at a point, but they don't share -- again, I don't want to use a GIS (Geographical Information System) map as my -- my guidepost. I'd rather look at, maybe perhaps an atlas sheet -- more precise. But may touch -- they appear to touch at a point. However, I believe that historically it's been -- whether it's touched along an actual lot interior -- an actual lot line, like an actual overlap. I don't believe that diagonals have historically counted as abutting. Vice Chair Russell: Have we ever denied based on a corner touching? On a touching -- not caddy corner across the street again. Commissioner Diaz de la Portilla: No -- no -- no, he gave you a -- hold on, he -- he gave you a clear definition. Vice Chair Russell: Well, we have a clear definition. If read -- please read the definition of abutting. Mr. Min: Abutting pursuant to Section 1.2 of Miami 21 is defined as to reach or touch, to touch at the end, or be contiguous with. Joined at a border or boundary, terminate on. Abutting properties include properties across a street or alley. Mr. Goldberg: Well, it does not join at a boundary. It joins at a corner. It's a little bit different. Vice Chair Russell: It says to reach or touch. Mr. Goldberg: It -- reach is at a -- reach is at a -- a -- if that's accurate and it reaches at a point. It's a little different. If-- if -- if there was an overlap by an inch, then yes. If it's at a corner -- Vice Chair Russell: Overlap? Mr. Goldberg: If -- if for example, you had one lot, and another, and they had that -- their boundaries, the -- the actual boundaries -- Commissioner Diaz de la Portilla: Touch -- touch. Mr. Goldberg: Touched. If you have one lot and you have one diagonal. They are diagonal from each other. They don't -- like -- like I said, I don't believe that historically it's ever been interpreted that way. It's something that -- Commissioner Diaz de la Portilla: Talk to me about historically -- hold on, that's important, right? Because precedent matters, right? Tell me how historically it has not been dealt with that way, or concluded -- City of Miami Page 163 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Goldberg: 1 don't believe so. In terms of for example, noticing abutting owners, I don't believe it's ever been that you notice the diagonals. You don't -- if you have four lots, and they meet -- they meet at a corner at 90 degrees, you know, I don't believe historically it's been done that way. Vice Chair Russell: Right. I -- Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: And as -- as Commissioner Watson said earlier, just because we've done something one way in the past doesn't mean we do it that way forever and ever. It doesn't mean we got it right that time, either. Commissioner Diaz de la Portilla: I mean (UNINTELLIGIBLE) over and over -- Vice Chair Russell: Earlier -- earlier today -- earlier today, you gave a definition of abutting as crossing a private property. Mr. Goldberg: Well, that -- that -- was a little different, it cross -- Commissioner Watson: No, it wasn't. Mr. Goldberg: -- it crossed a street. Commissioner Watson: No. Mr. Goldberg: It crossed 39th. Commissioner Watson: Coyne on. Vice Chair Russell: Okay. Commissioner Watson: Err on the side of caution. Give -- give this young lady intervenor status and let's keep on going. Vice Chair Russell: There's -- there's a notion, because I was about to the pass the gavel (UNINTELLIGIBLE) myself Commissioner Watson: No -- no. Second. Vice Chair Russell: There's a motion and a second from the Chair to grant intervenor status to Ms. Gibson. Commissioner Watson: Second. Vice Chair Russell: I second it. Commissioner Watson: Oh. Vice Chair Russell: I seconded it. Commissioner Watson: Okay. Vice Chair Russell: You made the motion -- Commissioner Watson: Okay. City of Miami Page 164 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: -- I made the second. Is there any further discussion? All in favor, say "aye?" The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. You've been granted intervenor status. Thank you, Ms. Gibson. Mr. Winker will represent you from here forward as an intervenor. Mr. Winker, it seems like one of the minimum criteria is going to be the narrow definition of abutting. Do you have any other -- Mr. Winker: 1 do not -- Vice Chair Russell: Residents that abut -- Mr. Winker: -- so I'm -- with -- with that being the criteria, I'm happy to move forward with -- Vice Chair Russell: It's not the only criteria, as Mr. Carollo said -- Commissioner Carollo said, if you can show another reason above and beyond their geographic location, that they are adversely impacted greater than the general public, he would consider it. Is there anyone else on your list that you would like to proffer. Mr. Winker: Well, 1 -- I honestly, 1, you know, listen. 1 don't want to -- like, I think everyone -- actually personally, I believe everyone meets the standard. For purposes of moving forward, honestly, for me, I'm happy to move forward with just having an intervenor. I mean, that's what 1 need to -- to -- to proceed with this. Vice Chair Russell: Okay. Mr. Winker: But 1-- you know, I have people whose voice has not been heard. So if maybe -- Vice Chair Russell: By your -- by your wording, you're -- you're pretty much waiving your ability to serve in that respect -- Mr. Winker: Well, what I'm saying is that -- and that's what I was going to say is, why don'tI have everyone come up quickly -- quickly and -- Commissioner Dial, de la Portilla: Well -- well -- Mr. Winker: I'm sorry, go ahead. Vice Chair Russell: Are you happy to continue or do you want to fight further into your status? Mr. Winker: That's what I'm saying. I'm happy to continue. What I was going to do is a compromise as it's getting late, is I was going to have everyone come up and speak to, specifically -- first words out of their mouth, why are they impacted differently? I live here -- Mr. Logo: Commissioner -- Mr. Winker: -- why I'm impacted, I'll try to keep it moving for you guys, and let's do, you know, the 20 minutes of it, and then you guys can decide. Commissioner Diaz de la Portilla: Well -- City of Miami Page 165 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Lago: Commissioner -- Commissioner Diaz de la Portilla: -- well, speaking of moving it -- Vice Chair Russell: Sure, sure. Commissioner Diaz de la Portilla: -- the clock stopped at 12:14. And this has been going on for a while now. So -- Vice Chair Russell: I don't know why the clocked stopped. Mr. Lago: Mr. Chair? Commissioner Diaz de la Portilla: I'm sorry? Vice Chair Russell: We didn't set -- we didn't set a hard and fast time. He said he needed about -- Commissioner Diaz de la Portilla: Well, you said two minutes per person. Ten people, 20 minutes, right? That's the math. Vice Chair Russell: We did set a timer. Commissioner Diaz de la Portilla: Alright. So -- Mr. Lago: I would be -- Commissioner Diaz de la Portilla: -- so -- but the clock stopped -- so the question -- no, because I don't want us to go until midnight for, you know. If we're going to have intervenors coming in or people that are going to testify for a minute or 30 seconds, that's fine. I have no problem with hearing the public. Mr. Lago: So wait, is he still seeking? I'm not clear. Is he still -- Vice Chair Russell: He's not clear -- Mr. Lago: -- seeking intervenor status? Vice Chair Russell: He's checking with his clients. Commissioner Diaz de la Portilla: Well, I'm sorry, but if I may, Mr. Chair. I think what he wants is he has one intervenor. He can make his argument. He's done. Mr. Lago: Correct. Commissioner Diaz de la Portilla: Everybody, that's it. One intervenor. Nobody else abuts, right, Mr. Winker? Vice Chair Russell: He changed his mind. He would like to seek status for the rest as well. Commissioner Diaz de la Portilla: I don't think so. That's not what he said. Vice Chair Russell: Well, listen. Mr. Winker: Yeah, I would like to. I think -- City of Miami Page 166 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Well, (UNINTELLIGIBLE) -- Mr. Winker: -- it's important. That's what I was saying. Do it quickly. I'm going to do it quickly, have everyone speak -- Commissioner Diaz de la Portilla: But if there's a difference between intervenor status and just people coming and testifying. Mr. Winker: Yeah. Exactly. Commissioner Diaz de la Portilla: So you're not seeking intervenor status for anybody else. You have intervenor status for the one, Ms. Gibson -- Mr. Winker: No, no. I am -- I am seeking intervenor status -- Commissioner Diaz de la Portilla: For everybody? Mr. Winker: They're going to give their quick reasons why and then we can move on. Commissioner Diaz de la Portilla: Okay. Even though they don't abut? Mr. Winker: Correct. Commissioner Diaz de la Portilla: Okay. Mr. Winker: Because here's -- Commissioner Diaz de la Portilla: And none of the nine people that you're bringing before us, additional nine people, none of them abut? Mr. Winker: Correct. Commissioner Diaz de la Portilla: It not even touches in any way, shape, or form. Mr. Winker: No. Commissioner Diaz de la Portilla: Okay, so I think it's a waste of our time. If we already decided -- this body already decided that barely touches -- Vice Chair Russell: Commissioner Carollo said he would consider non -geographical reasons of greater adversity. Commissioner Diaz de la Portilla: Okay. Well, I can't speak for Commissioner Carollo. Mr. Winker: And it's interesting because -- no, and if that's the case, if you guys are going to take the position. If it is the will of the board that non -abutting properties -- I'm not going to waste your time. I mean, just give me clear direction. If that's not -- Commissioner Diaz de la Portilla: I'm trying to get it myself. Pm trying to get it myself. Vice Chair Russell: Okay. Commissioner Carollo said he's willing to hear non - abutting properties that have a greater adverse impact. How do you feel, Commissioner Watson? City of Miami Page 167 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Carollo: 1 said that because that should be (INAUDIBLE) moving into the future. And let me be very clear, 1 don't want to mislead anybody. So far, 1 haven't heard anything that will move me to vote your way. At the same time, that area there, I know it well. There's the three blocks in that area there. The property values are going to go way up. Commissioner Diaz de la Portilla: Of course. Commissioner Carollo: Those properties are going to be coming back here to be re- zoned. Where instead of single-family home, you're going to be able to do more. In fact, if you go to, 1 think it was Charles, if I remember correctly, or it could have been the other street next to it. Let's see, where's the project that you have the Old Taurus? It's in the bottom, right? Mr. Lago: About right there. Commissioner Carollo: That's the Old Taurus there? The big one, the white there. Mr. Lago: Franklin Street. Franklin. Commissioner Carollo: Yeah, what's the name of that? Franklin. Franklin, you've got, ifI remember correctly, lots that are zoned at least duplex in there already. And those blocks, Franklin, Charles, 1 see it that the only way it's going to go, is that it's going to be re -zoned where you can put at least four units in each one. And all the owners of those properties are going to do quite well when their prices go up. They've gone up now just because you're going to have that new project being built there. Vice Chair Russell: Commissioner. Commissioner Carollo: So, that's my opinion. I could be wrong, but that -- it's my opinion. Now, I'm willing to hear anything else, that's why I opened it up more, that I could be convinced otherwise. But so far, I haven't heard anything. I'm all ears, Ma'am. Vice Chair Russell: Yeah, and everything is not money. Your quality of life can be impacted greater than someone else if something's going to be noisy and light or trash or whatever. So there's many factors to consider. Commissioner Watson, are you willing to consider non -abutting properties that may have a greater impact for some other reason? Because right now we have two potentially in favor of that. If there's not two -- if there's not one more, we're done here. Commissioner Watson: What do you mean we're done here? Vice Chair Russell: With choosing -- Commissioner Watson: In terms of moving forward? Vice Chair Russell: In terms of choosing intervenors. Because there is only one who can show abutting. Are you willing to entertain other factors of potential greater impact to grant them intervenor status? Commissioner Watson: Well, I mean, we can use other factors. I didn't like the way our zoning guy just described the whole situation. Well, yeah, I use other factors. And you should have a broader voice. But haven't heard anything yet either. I'm like my colleague -- Vice Chair Russell: We haven't heard anything. City of Miami Page 168 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: I haven't heard anything yet either, so -- Vice Chair Russell: We're about to. Mr. Logo: Mr. Chair? Commissioner Watson: Alright. Vice Chair Russell: Yes. Mr. Logo: 1-- what I would like to submit in the record is that all the remaining intervenors or potential intervenors are located within a distance of 157 feet and 300 -- 400 feet of the re -zoned property, so -- Vice Chair Russell: No one's closer than 100 feet away is what you're saying? Mr. Logo: There's nobody that's -- yeah. So, Ms. Gibson is the closest person. So I would request that we limit the time to two minutes, but we're going to have to then argue each and every single person. Vice Chair Russell: Understood. Thank you. What's your name, please? Juanita Rumph: My name is Juanita Rumph -- Vice Chair Russell: Juanita Rumph. Ms. Rumph: I live at -- Vice Chair Russell: Thank you for your patience. Ms. Rumph: -- 3250 Thomas Avenue. Vice Chair Russell: 3250? And what is the reason you believe you'll be more greatly impacted than the general Miamian if this passes? Ms. Rumph: Traffic, flooding. Flooding is a big problem down there now from Charles all the way over to my house. And it seems like it's one straight line going down when it rains or hurricane and whatever, itfloods straight across the buildings up in the Village. And if you said you be down there regular, Carollo, you would have gone in the back of Commodore Plaza. They got a drainage down there that don't -- it was never even developed. It's just got a top on it. The people that's got the stores down there in the back of it, they drug the cement up. Vice Chair Russell: To the microphone, please. Sorry, we can't hear you. Ms. Rumph: They drug the cement up. So the water spills down to my street. And if you say you be down there, and I've called all kind of heads of departments to look at this stuff They come out, oh, well, oh well, oh, well. And nothing's done about it. When the building decides to throw off the drainage from their building, they hit -- I don't know what they call it, whatever. They open their drain, the water comes down, and after -- the drain is filled with trash, which we do try, to keep clean -- my house is flooded, my driveway is flooded, almost at my door. Now, something has to be -- and the street is getting unleveled from all the construction that was going to up there. The tons and tons of heavy construction. I can see this construction going on for this building, coming down Thomas, going over through the Playhouse parking space, to build their building. That's more heavy equipment coming down. The street is City of Miami Page 169 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 cracking. I've called on it. Nobody come. They did come out. Oh, it's nothing. Every time a department comes out, it's nothing. Now, this has been going, and you say you be down there, look at some of this stuff. Get up and come walk your districts. You'll see. Look for things. You'll see what's going on. And it's flooding on all of those streets back there. Vice Chair Russell: Thank you. Could you show us exactly where your property is? 30 -- what's the number? What's the number? 3250 Thomas. Mr. Hannon: Chair, the microphone, please. Mr. Lago: Where is it? Vice Chair Russell: 1 don't have the microphone. Mr. Hannon: Mr. Winker? Vice Chair Russell: We can't hear you, ma'am. Ms. Rumph: This is what they built up there, more. Commissioner Diaz de la Portilla: Okay. And -- Ms. Rumph: And it don 't drain -- there's no drainage up here. Vice Chair Russell: So you've got flooding on Abitare Way? Ms. Rumph: There's no drainage up here, hardly. Mr. Lago: So Mr. -- Ms. Rumph: Three drainages for all of this. Vice Chair Russell: Got it. Okay. Thank you very much. Ms. Rumph: And then it's just one up there in the Village and then it was never developed. Mr. Lago: Mr. Chair. Vice Chair Russell: Thank you. Yes, Mr. Logo. Mr. Lago: So if flooding is an issue that affects a lot of people, but 1-- it's not a legally, recognizable interest when it comes to this. First of all, we have to have water retention on our project. So we have to comply by -- with Miami -Dade County ordinances and City of Miami laws for water retention and other; you know, measures to prevent flooding. So flooding over here is not going to affect her property. It's just not relevant and it's not a legally recognizable interest that would affect her. Commissioner Diaz de la Portilla: And her property, is that green -- Vice Chair Russell: On Thomas, the green one to the north. Commissioner Diaz de la Portilla: That green and the development is on the end in red. Vice Chair Russell: Yes. City of Miami Page 170 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Okay. Alright. Vice Chair Russell: And her other comment was traffic. Mr. Lago: And I also want to state for purposes of the record, that your staff analysis, right? Or for your purposes, provides that this application meets concursly -- concurrency for storm sewer capacity. So we -- Vice Chair Russell: Okay. The other argument was -- Mr. Lago: Project complies. Vice Chair Russell: The other request for intervenor status is based on traffic. Do you not believe that she will be impacted by any additional traffic based on this development? Mr. Lago: There is no access point being proffered on William Avenue. All access is going through Charles. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: On the south? Vice Chair Russell: Yes. On the south on Charles Avenue. So -- Mr. Lago: Right. Additionally -- Vice Chair Russell: -- there'll be no service vehicles entering from William? Mr. Lago: No. Vice Chair Russell: No customers -- Mr. Lago: No. Vice Chair Russell: -- or employees entering from William or Thomas? Mr. Lago: No. Vice Chair Russell: Everything will be from Charles? Mr. Lago: Right. Vice Chair Russell: Alright. Mr. Lago: Additionally, Commissioner Vice Chair Russell: I couldn't hear you, ma'am. I'm sorry. Ms. Rumph: Can you hold him to that (INAUDIBLE)? Mr. Hannon: Chair. Vice Chair Russell: Oh, we can, and we will. Alright. I lost -- I got my quorum here. And the sergeant in arms is keeping him there. City of Miami Page 171 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Lago: Commissioner? Chairman? Vice Chair Russell: Alright. Is there a motion to grant intervenor status to Ms. Rumph? Alright. There is no motion. Okay. Theresa Charmanski: Okay. Thank you for hearing us and addressing our concerns. This is the first time I have seen the developer. My name is Dr. Theresa Charmanski and I live at 3211 Thomas Avenue. So unfortunately, I wasn't informed about this project by the developer and my concerns are increase in service vehicles and traffic, and a primary concern is valet and the danger of the valet drivers. We do not have a effective means of communicating our concerns with the commercial properties. Currently 1 do abut, share a property line with T-Mobile, and we have a lot of concerns with their activity, and we have no way to reach out to get those concerns corrected. I've called police before about valets driving fast. So one of my concerns is where will the valets be going and where will they be parking? This is very, very relevant as I have young children running on the street and the valets ferry people up and down that street at high rates using carpool vehicles. I've called cops. I've called the police, and they laugh. They say there's nothing they can do about it. So the -- this -- I don't know where the valet services will be, but those are my greatest concerns. Vice Chair Russell: Tell me your name again, please. Ms. Charmanski: Dr. Theresa Charmanski, 3211 Thomas Avenue. Vice Chair Russell: Thank you. Commissioner Carollo: See this lady's got a very valid argument. Not enough to make her jump the hoop, but she's got a very valid argument. And it's not only here in the Grove, but in many areas. This is one of the first fights that I had, and then I was accused of being the big bad wolf. I was picking on people, et cetera. When I got elected, I found that valets were doing exactly what you were saying but worse. They weren't respecting the residents, because the residents in this part of Little Havana weren't as sophisticated as you are, ma'am. And some of the people here, they don't know English as well. They don't know where to go to defend themselves. Some are, you know, not even legal. And they were parking deep in the residential areas in unimproved parking lots. That's illegal. Even in churches, 70, 80 cars in the grass. And they went to all the media that they could buy. And they accused me of I'm persecuting these poor people. And they told everyone, they have permits, they had permits. They had no permits whatsoever. But that was what was put out. They had permits. So what you're telling me -- Ms. Charmanski: Is very valid. Commissioner Carollo: -- is confirming to me that this truly is a citywide problem with the valets that we need to revisit. And whatever happens here if we go forward with this, we have to make sure that they're not going to suffer what others that I've seen, in particularly my district have suffered. This is not right. Vice Chair Russell: Thank you. Mr. Lago. Mr. Lago: Right. So I did not catch your name. Ms. Charmanski: Sure. Dr. Theresa Charmanski. Vice Chair Russell: Theresa Charmanski. Ms. Charmanski: Yeah. City of Miami Page 172 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Lago: Okay. So, Doctor, your -- the property -- her property is located at 355 feet away from the property. You know, we recognized that there's valid traffic concerns all over, you know, the city. Again, there's no access that's being offered. She lives on Thomas Avenue, which is two streets away. There's no access to this project along William Avenue, access will be in Charles. And additionally, the traffic study -- the traffic method -- the traffic analysis that's provided in your staff analysis, only this project will result, or this rezoning will only result in 12: 00 p.m. trips, which is four trips an hour in the evening. So it's call -- your -- and that's included in your staff analysis and your staff analysis has concluded that this is an insignificant impact (UNINTELLIGIBLE) -- Vice Chair Russell: Does your covenant include the Charles Avenue only ingress/egress? Mr. Lago: I'm sorry? Vice Chair Russell: Does your covenant that you're proffering include that you will have exclusive ingress/egress on Charles Avenue? Mr. Lago: It does not, but it can. Vice Chair Russell: It will. Mr. Lago: And that's something we can discuss. Vice Chair Russell: And the valet issue, is this going to be a valet serviced bed and breakfast? Mr. Lago: We are complying with all parking. Vice Chair Russell: I'm sorrv. Mr. Lago: We are complying with all parking. Vice Chair Russell: Onsite? Mr. Lago: Onsite, sir. Vice Chair Russell: So no valet? Mr. Lago: Right now, that's not part of the site plan. Okay. So this is the first step in the process. Right now we're just rezoning the lands. Vice Chair Russell: I understand that. But we are trying to get ahead of all potential issues because you have proffered a rendering of what you expect, but this zoning does not hold you to that rendering unless proffered in your covenant. So I'm trying to ensure that what ends up being built is as close to what has been presented to this community as possible, because if something different goes there than what has been proffered, it's on us for not holding you to that if that was included in the presentations. So I'm just trying to find any of the adverse impacts that can be caused by unconsidered issues and bring them into the covenant. Commissioner Watson: But Mr. Chair. Vice Chair Russell: Yes. City of Miami Page 173 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: Before you answer that question. So three things that 1 now -- with the last two intervenors, the question 1 have is from Planning. Was this advertised in the community? Was this advertised in the community? Ms. Charmanski: It was not. Mr. Garcia -Pons: Sir, yes, sir. And we -- I just checked the noticing, and this address was -- Ms. Charmanski: We received a zoning notice about a meeting, but we received no notice from the developers to participate in what would be our concerns. And it was very informative for me to listen to the four hours of the meeting before this because I heard the developers say, we talked to the residents, and we have the residents supporting without opposition. You have the residents in opposition, and 1 don't want to deter from my only request here is -- Commissioner Watson: No. And I was trying -- Ms. Charmanski: -- to intervenor status. Commissioner Watson: And I was trying to get to the question answered. Mr. Lago: Can we stick to the (UNINTELLIGIBLE) -- Commissioner Watson: Listen. I was trying to get a question answered because I've heard you say that a couple of times and the department should've posted notices far and wide. I'm telling you an issue in my district, I saw 1,000 notices. So I've heard you say that a couple of times that Dr. Thomas [sic], I can't believe you didn't see those notices or was not informed that the department was having hearings since this had to go before Planning and Zoning twice. So I'm trying to understand, if you didn't get there yesterday, then you should've been notified by Planning Department if they did what they were supposed to do. That's the first question I'm trying to understand. Mr. Garcia -Pons: The item was properly noticed, and we do have the information was sent to 3211 Thomas Avenue. Commissioner Watson: For the record, you did notice in the neighborhood for people to know? Mr. Garcia -Pons: Yes. There were postings in the neighborhood. We have photographs -- Commissioner Watson: And what's this guy Jennings -- Jenkins or what's his name? Jennings's acknowledgment. Because I've heard his argument presentation both sides about what was good or bad. Here's a second thing, that in the last two persons that spoke and the Commissioner's right, right? Those issues that you're talking about exist today not withstanding this project. The fact that we don't enforce our stuff has nothing to do with this project. Valet is a problem all over the city. So that's not going to change with this project one, and two,, flooding, that spot -- that already exists. I submit to you; they're going to make him help your flooding because he got to pay for it. I'm just telling you. I got a vacant lot, that they make it seem like they're building a 50-story building. So they're going to make him help you with the flooding. So I guess I'm trying to understand if you -- if you -all want to deal with the developer because I attended a meeting just to hear what was going on. And so I think what we're trying to do more so because I haven't heard anything yet, really get some conditions that's going to allow these guys to do what's necessary. For you I understand, assessor, correct me if I'm wrong, if they're doing a voluntary something, is more tighter, Mr. City of Miami Page 174 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Chair, than if they did URB (Urban Review Board) paths. So you're going to get voluntarily, and we'll be able to hold them more accountable to stuff like design and -- and the like. So -- Ms. Charmanski: And as we -- it was stated before, I do think those should go into place before the zoning rules, because what will hold developers accountable if this change is granted. And I do think that adding additional commercial properties will exacerbate an already existing condition. And it is existing but adding it will make it worse. So we are asking as residents -- Commissioner Watson: 1 just want to make it clear though that -- Ms. Charmanski: It is existing. Commissioner Watson: In Little Havana valet is a problem. Now, I don't have any because there ain't nobody valeting where I'm at, but that's a problem that we have to correct. It's not really germane to this project. That's all I'm truing to -- Vice Chair Russell: It was a problem in this neighborhood as well as even using these properties, valet was a major issue in years past. For a lot of the valet on Main Highway was parking back in some of these lots and there were issues. Valet is an issue; it's very warranted concern. But the question is, do you potentially suffer greater adverse impact than the rest of Miami and your comments are about valet and flooding, am I correct and traffic? Ms. Charmanski: Personally, we do not experience the flooding at my residence. We do experience increase of trash, noise and valet. With commercial properties, I would want to be sure with written notices to the residents and reformation, a process of reformation, so that we are able to get resolution on issues. Because when we call and leave messages with property managers, we don't get resolution. So how will we be sure that when adding an additional commercial property, we won't be additionally adding to our time and our obligations of calling and calling and calling to get responses from these commercial properties. Vice Chair Russell: Understood. And that's a code enforcement issue. You have access to your NET (Neighborhood Enhancement Team) office, your commissioner office, and 311 and code directly. And I -- that's why part of the reason I'm making the argument with you. I do agree that a commercial property near you, being changed from residential commercial does have a greater adverse impact on you than others, and that's why I'm erring on the side. But these are all very academic arguments that the commissioners are making, and it is subjective. Unfortunately, we have a -- it's a pretty loose standard. I have listened to your group when we met in the community, and I've got that list burned in my brain of what we need to address before this zoning gets approved. Ms. Charmanski: Thank you. Vice Chair Russell: And I've spoken with them as well to see what they're willing to do in terms of a voluntary proffer with regard to traffic, with regard to jobs, and all these other things that we spoke about in your meeting, and I really appreciated that time. I'm glad I was able to get that with you because I -- even though you haven't met with them, I have. And I've been able to translate your concerns, and my vote may depend on that to see how far we can get. Mr. Lago. Okay. I thought you were trying to say something. Mr. Lago: I think I've -- City of Miami Page 175 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: That being said -- Mr. Lago: -- stated for the record that she lives, you know, she has -- you know, she does not have an adverse effect -- an adverse interest that's being affected greater than general public. She lives 355 feet away. Ms. Charmanski: They do drive on those roads though. Mr. Lago: I know, and that's an existing -- Ms. Charmanski: All roads are used. Mr. Lago: -- and that's an existing issue. That is not -- Vice Chair Russell: Right. And I think we're going to work on reconfiguring this, whatever goes there within the covenant, that it will direct all traffic towards Main, not even towards Charles, and definitely not towards the William, Abitare, or Thomas. And that's going to be in the covenant, I hope. So and I said I hope because they have to voluntarily proffer it. But Dr. Charmanski -- Ms.. Charmanski: Thank you. Vice Chair Russell: -- I -- I'll ask to see if there's a motion to grant intervenors status to Dr. Theresa Charmanski. 1 hear no motion. Commissioner Carollo: On this one, Doctor, I'm sorry. Ms. Charmanski: That's okay. Commissioner Carollo: I think you're pretty far off and cut up a couple of streets that you're not going to affected by there. Ms. Charmanski: I appreciate you listening. Commissioner Carollo: I'm being honest. Ms. Charmanski: Thank you. Commissioner Carollo: I would like to, but I can't. Ms. Charmanski: I appreciate you -- Commissioner Carollo: I've taken to heart your comments. Ms. Charmanski: Previously in your district -- Commissioner Carollo: And they are very valid problems that we need to look at in particularly with valet parking. Ms. Charmanski: Thank you. And I'm very willing to participate in any sort of quality - of -life issues. I have e-mailed you and we will reach out to our NET officer to work. I appreciate that suggestion. Commissioner Carollo: Great. Thank you. Vice Chair Russell: Thank you very much, Doctor. Mr. Winker, next. City of Miami Page 176 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: Next. Vice Chair Russell: Mr. Vinciguerra, now it's your turn. Mr. Vinciguerra: Thank you -all so much. I really apologize for Commissioner Carollo and thank you -all so much for your time and your care because this is because we care so much about the community, and we appreciate your patience with this. I just wanted to comment -- I know we'll talk about this later, but the reason that this group got together is because of Page 46, I believe, of Miami 21, that you were referred to, Commissioner Russell, that says intervenor is someone that will be affected more than the general public. That's the definition of why this group got together. So I'm at 3325 Charles Avenue. 1 wanted to make -- just clarify statement made by Mr. Lago which is incorrect. There was a transportation concurrency analysis done by the staff that's on Page 22 of the staffing analysis. Mr. Lago: Mr. Vinciguerra. Mr. Vinciguerra, you will have -- Mr. Vinciguerra: There was no study. He stated that there was a study done, there's been no study. In fact, it says the study must be done, but a study has not been done. So I just wanted to correct. So but I live at 3325 Charles Avenue. Vice Chair Russell: Through the Chair, Mr. Lago. Through the Chair, Mr. Lago. Mr. Lago: That's incorrect. The staff analysis includes an analysis by the Transportation Department. Mr. Vinciguerra: You stated there was a traffic study. It says there's' not a traffic study. Mr. Lago: I said there was a traffic analysis by the Planning Department, by the Transportation Department. Mr. Vinciguerra: You said traffic study. Vice Chair Russell: Both through me, please. Through the Chair. Mr. Vinciguerra: In any event, I live at 3325 Charles Avenue. Commissioner Watson: There you go. Thank you. Okay. Vice Chair Russell: I got you. Mr. Vinciguerra: I think it's about 185 feet from, the -- I have shade from the trees on these properties that come over my own property. I look at the trees, I can see them very clearly, but we would absolutely be adversely affected more than the general public by everything that's been mentioned today. By traffic, we already have the major traffic from the development happening on the corner, from pollution, from noise, from construction. I love the fact that there's been talk about binding enforceable covenants regarding things like construction trucks, traffic, environmental concerns, those are exactly why we're here today. That's why we're here. And so we really appreciate hearing those types of things. But absolutely our property will be totally affected by both the construction process, by traffic generated, by the traffic coming onto Charles Avenue, by pollution, by noise. I understand that the T4 zoning allows for application of restaurants and bars that would absolutely affect us, we would hear them. We currently hear them from the Stirrup House which would be even farther away, so we already would be affected by these things. We already are affected. So I think we're absolutely more adversely affected than the City of Miami Page 177 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 general population. Its alright. Thank you. Vice Chair Russell: Thank you. Commissioner Watson: So move. Mr. Lago: So again, these are existing conditions. Mr. Winker: Can I -- hang on for just a moment -- Vice Chair Russell: Just a moment -- just a moment. I have a motion. What is the notion? Commissioner Watson: Intervenor status. Vice Chair Russell: Motion to grant intervenors status seconded by the Chair, 3325. Commissioner Watson: Three blocks down. Commissioner Carollo: Can you point it out fbr me. Vice Chair Russell: It's on Charles. That's the difference here. And it's five properties over from the application. Commissioner Watson: From the application. Commissioner Carollo: How many other people, David, that you have are on Charles Avenue? Maybe we cut through the chase here? They're all in the red that you have there? Mr. Winker: Yes, sir. Commissioner Carollo: Okay. And how many are in the above street that you have? Vice Chair Russell: William, Thomas. (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Okay. Where are they at? If you could point out to me their lot. Mr. Winker: Come on up. Commissioner Carollo: Okay. They're up there and then they there too far, it's like the Doctor. So, I'm willing to cut through the chase and give everyone that's in Charles Avenue intervenor status because that's the only street that they have people that are living that can be affected. Vice Chair Russell: Can you give me a list of names, Mr. Winker? Who is on Charles Avenue within your intervenor group? Mr. Winker: Let me do -- try and if we're willing to do that, we can stop with that if you want. You know, I'd be willing to not bringing all the other people but Charles Avenue hands up. Vice Chair Russell: Names, please. City of Miami Page 178 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: Courtney Berrien. So you just would let me walk everyone through. Vice Chair Russell: Courtney Berrien, Anthony Vinciguerra. Courtney Berrien: Courtney Berrien, Anthony Vinciguerra, Shirley Gibson that spoke before. Jenna Saul -- Vice Chair Russell: Just a moment -- just a moment. Ms. Berrien: Cliff. Vice Chair Russell: Just a moment. That last name I don't recognize. Mr. Lago: Jenna Saul was not included in the list. Mr. Winker: Yeah. We are not going to use -- Jenna lives right next door, but since we've gone through it, she wasn't here earlier, so don't worry, about Jenna. Mr. Hannon: Chair, and while they are getting this together, I have two names Courtney Berrien, Anthony -- Vice Chair Russell: Vinciguerra. Mr. Hannon: Yes. And that's what 1 have right now. Vice Chair Russell: So far, that's all I've got as well. Mr. Lago: Commissioner, can you please repeat the list? The names. Vice Chair Russell: Courtney Berrien. Mr. Winker: Let's start again, guys. Come here. Vice Chair Russell: Courtney Berrien, Anthony Vinciguerra. Ms. Berrien: Yes. Vice Chair Russell: That's right. Ms. Berrien: 3325 Charles Avenue. Vice Chair Russell: Right. And Charles Avenue or Thomas? Ms. Berrien: Charles. Vice Chair Russell: Okay. Which address, please? Mr. Lago: Mr. -- wait. Vice Chair Russell: I need you on a microphone. I apologize. Mr. Lago: Commissioner, Jena Saul was not included in the list. Mr. Winker just agreed that she would not be included as an intervenor. Vice Chair Russell: Mr. Winker, would you like to submit Jena Saul to the intervenor list? City of Miami Page 179 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Jena Saul: Yes, please. 1 was here this morning at 9: 00.1 had to leave. Vice Chair Russell: What is your address? Ms. Saul: 3295 Charles Avenue, right beside Ms. Gibson's' lot. I also have a lot. Vice Chair Russell: 3297, 32 -- Ms. Saul: I think it was originally two lots -- it was originally two -- two duplexes on one lot. They've since been demolished. Commissioner Diaz de la Portilla: Do they -- do they live there? Ms. Saul: I own the lot with my family. We're building a home there. Mr. Lago: Are you -- Commissioner Diaz de la Portilla: Okay, okay, okay. No. But -- I'm sorry, Mr. Chair. Mr. Lago: Sir, it's a vacant lot. Commissioner Diaz de la Portilla: Well, that's -- Mr. Lago: 1 just want to state for the purposes of the record. Commissioner Diaz de la Portilla: Well, well -- Commissioner Carollo made a good point, you know. Charles Avenue, I -- I can maybe buy that argument. Makes sense, the Charles Avenue argument. But of all these people, who lives there? Vice Chair Russell: Well, she does, correct? Commissioner Diaz de la Portilla: No, she doesn't live there. You don't live there? Ms. Saul: I don't live there because -- Commissioner Diaz de la Portilla: Right. Ms. Saul: -- it's a lot -- Commissioner Diaz de la Portilla: Okay. Ms. Saul: -- right now. However -- Commissioner Diaz de la Portilla: No, no. Ms. Saul: -- if you could go out to that lot today right now, sir, you would see the flags that I paid for surveyors to come out. Commissioner Diaz de la Portilla: No, no. Ma'am, ma'am -- Ms. Saul: It is my intention to live there -- Commissioner Diaz de la Portilla: I -- I know, ma'am. Ms. Saul: -- and raise my family there. Commissioner Diaz de la Portilla: I know, ma'am and -- and -- and that's -- that's City of Miami Page 180 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 noble, and that's okay. 1 just want to know who lives there. That's all. It's just a simple question. Of all the intervenors on Charles Avenue, who lives there. That's all 1 want to know. Of the -- is it four people? Is it four intervenors, Mr. Chair? Vice Chair Russell: So far, I have three -- I have -- well, including M. Gibson, Ms. Berrien, Mr. Vinciguerra, and now Jena Saul. That's five. Commissioner Diaz de la Portilla: That's -- so that's -- that's five. Of the five -- Vice Chair Russell: I'm sorry, that's four. Commissioner Diaz de la Portilla: I'm sorry, that's four. Of -- of the four -- Mr. Logo: This is like a free-for-all. Commissioner Diaz de la Portilla: Okay. And you are -- that's why we were going to try to get it there, right? Mr. Logo: We got to -- we got to -- we got to put some type of limit to this. Commissioner Diaz de la Portilla: Yeah. Well -- Mr. Winker: This is democracy. Vice Chair Russell: They've -- they've been here all day. Commissioner Diaz de la Portilla: It's not democracy to be chaotic. Hold on. How many people live on Charles? I think it's a legitimate question that Commissioner Carollo asked. Live, live, live, not hope to build a family and -- live. Number one. You, one. Okay, one. One of the five lives there? Vice Chair Russell: What is your name, please? Catherine MacDonald: My name is Dr. Catherine MacDonald. Commissioner Diaz de la Portilla: Hi, Doctor, how are you? Ms. MacDonald: I'm sorry I look like this. Commissioner Diaz de la Portilla: That's okay. Ms. MacDonald: I'm a shark scientist, and I'm here straight off a boat. Commissioner Diaz de la Portilla: Yes. Thank you, Doctor. So you also live there, sir? Cliff Hawkins: Yes. We live together at 3373 Charles. Commissioner Diaz de la Portilla: So you're saying the same address, you live together? Vice Chair Russell: 3373. Ms. MacDonald: 73. Commissioner Diaz de la Portilla: Are -- are you part -- are you part of this non- profit? Are you a member -- City of Miami Page 181 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Ms. MacDonald: Yes. Commissioner Diaz de la Portilla: -- of this non-profit organization -- Ms. MacDonald: Yes. Commissioner Diaz de la Portilla: -- that was formed today? Ms. MacDonald: Yes. Commissioner Diaz de la Portilla: So you're part of that, too? Okay. You've signed documents and, you know, you're part of that. Ms. MacDonald: I mean, I ju,st got here, I'm straight of a boat. So I haven't signed any document here. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: 3370 -- Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: -- Charles Avenue, correct? Mr. Hawkins: 3373. Vice Chair Russell: 73. Okay. You -- okay. Mr. Hawkins: 3373. Vice Chair Russell: Got it. Commissioner Diaz de la Portilla: So where's that on the map? Vice Chair Russell: What is your name, sir? Mr. Hawkins: Cliff Hawkins. Commissioner Diaz de la Portilla: Doctor, where -- where is that on the map? Mr. Hawkins: Sorry. Cliff Hawkins. Commissioner Diaz de la Portilla: Where's that -- Vice Chair Russell .• I already have you on the list. Mr. Hawkins: Alright. Commissioner Diaz de la Portilla: Mr. Chair, I'm sorry, I'm trying to -- I'm trying to find out -- Vice Chair Russell: As am I Commissioner Diaz de la Portilla: Yeah, and I just saw it up right now so -- you're all the way at that end, right? City of Miami Page 182 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Hawkins: Yeah. The last one. Commissioner Diaz de la Portilla: Oh wow. So are you -- okay so you are the -- you are the left, far left. How are you impacted by this, then? Mr. Lago: It's a distance of 495 feet. Commissioner Diaz de la Portilla: I know -- I get it's pretty far, how are you impacted by -- Ms. MacDonald: We can hear the construction. We have construction trucks up and down the street sometimes. We have a lot of traffic issues. We have flooding issues. All of the other issues that everyone else has brought up. And our access to downtown, access to the places that 1 work all pass that direction. So anything that increases traffic there will impact me on a daily basis. Mr. Lago: Again -- Commissioner Diaz de la Portilla: So no matter -- so no matter what happens there. Ms. MacDonald: Anything that increases traveling there. Commissioner Diaz de la Portilla: Anything, really anything? Ms. MacDonald: But this would fall within that. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Right. Mr. Hawkins: So I'd like to note, that you guys talk about the property values going up, but that's going up commercially. For those of us that want to stay there, and live there, and -- Commissioner Diaz de la Portilla: That's understandable. Mr. Hawkins: -- and have our lives there. By all means, more commercial properties growing down the street makes things worse, not better -- Commissioner Diaz de la Portilla: That's understandable. Mr. Lago: Again, these are generalized complaints. Construction traffic is a problem that is citywide -- Ms. MacDonald: But -- Mr. Lago: Excuse me, is citywide. And that is no different in Charles Avenue than in Southwest 37th Avenue. Ms. MacDonald: I've been offered as the benefit -- Mr. Lago: So, they do not -- (MULTIPLE PARTIES SPEAKING IN UNISON) Mr. Lago: They're located 495 feet away. City of Miami Page 183 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Thank you, Mr. Lago. Mr. Lago: So now we started with abutting, and now we are 500 feet away. Vice Chair Russell: Doctor, while we're tallying flooding and traffic. Doctor, what were you trying to say? Commissioner Diaz de la Portilla: Well, Doctor, I mean really at the end of the day -- ifI may Mr. Chair? Vice Chair Russell: I was just asking if she was trying to say something before, she got cut off. Mr. Lago: Mr. Chair, can you explain to me how flooding would affect somebody -- Vice Chair Russell: Please -- please -- please. Doctor, you have the floor. Ms. MacDonald: Thank you. The thing that I wanted to say was that this is my community. I chose to live there for a reason. It's not an investment for me. It's my home. And so even if my property values went up, if that drove my neighbors out, if that changed the character of my community, that is a harm to me. That is a concrete harm that is much more meaningful to me, than extra traffic or flooding. And so 1 would like to know what they're doing to benefit or protect the community that I'm part of and that all of these people are part of. Vice Chair Russell: Thank you for your comment. Commissioner; would you like to amend your motion right now? It's just for Mr. Vinciguerra. Or would you like to amend your motion to include any remaining residents or owners on Charles Avenue that are on this list, so far? Commissioner Watson: What was the other two people on the list? Vice Chair Russell: So we have so far, Ms. Gibson who has already been granted. Commissioner Watson: Alright. Vice Chair Russell: Ms. Berrien and Mr. Vinciguerra, who live together, that you had made the motion on. Commissioner Watson: Right. Vice Chair Russell: Mr. Cliff Hawkins and Dr. Catherine MacDonald, who live -- also live together. And they just spoke. And then Jena Saul, who spoke before that. Commissioner Watson: Alright. Vice Chair Russell: Is there -- are there any others, Mr. Winker? Commissioner Diaz de la Portilla: The -- Commissioner Watson: How many does he need? Vice Chair Russell: That would be one, two, three, four -- Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: -- five six. And four of them live to -- there are two pairs. City of Miami Page 184 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Well, Commissioner -- Commissioner, I'm sorry. Commissioner Carollo was talking about Charles Avenue, which makes sense. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: But when you start going to the far left, and all of a sudden, it's that, that extreme left of the map. Then you can also make the argument that on -- on William Avenue, right behind it is -- it's the same thing, right? So at the end of the day, how far out do the people have to be? How many intervenors do we need to have a conversation about this? Of course, people don't want their street changed or they don't want development, that can happen anymore in Miami. And of course we have traffic. And of course we have flooding, you want to come to come to Allapattah? I'll show you flooding -- Commissioner Watson: Wvnwood. Commissioner Diaz de la Portilla: I'll show you traffic. You want to come to the Wvnwood? You guys are in a pretty good place, trust me. You guys are doing a lot better than the rest of us. By the end of that day, right, and -- and then Overtown and Liberty City and other parts. Yes, of course, it's changed. Of course there's something different. But intervenor status is for people that are adversely impacted, really impacted, not by common things that happen, like flooding, and traffic, and things that are going to happen no matter what happens here, because it can happen on William, it can happen on the next one, it can happen on the next one. So at the end of the day, of course, people around it don't want construction. Who does? But then Miami will never move forward. Miami will never change. Nothing will ever be built. Nothing will be resolved. So intervenor status should be people that are adversely, directly impacted and we should not set a precedent that somebody that lives 400 feet away can say, oh, yeah, there's traffic over here. Oh, it's going to be worse because of this particular project. We don't know that. It's already bad. It's already bad. It could be a project on William, it could be a project on another street, it could be a project on US-1, it could be whatever that traffic is diverted somewhere else. So to me, the debate -- to me -- the debate about intervenor -- whether you have intervenor status or not, and I think Mr. Winker is going to make the argument anyway across the board for everyone, right? He has a non-profit that he incorporated today, and he's going to make the argument. So it doesn't matter whether it's five or six. I think we get -- we -- we get to the -- to the gist of it, right? Let's just have the conversation. Vice Chair Russell: Alright. Well, let's get through the vote, Mr. -- Commissioner Diaz de la Portilla: Let's get to the vote. Vice Chair Russell: Mr. Winker there's -- Commissioner Diaz de la Portilla: And limit it to a minute -and -a -half. So we already know the arguments. We already know, I think, where we're going to go -- I think -- unless somebody can be convinced. I'm as hungry as you are, Commissioner Carollo, believe me. I'm dying to eat something that we -- are you having a burger? It looks delicious by the way. It looks delicious. Vice Chair Russell: Why did you call him out like that. Commissioner Diaz de la Portilla: No -- no -- no. I -- I'm hungry too. Vice Chair Russell: Mr. Winker -- City of Miami Page 185 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: So let's just have the conversation. It's a serious public debate. I get it. And it impacts neighborhoods, and that's important. But let's not prolong it by pretending -- Vice Chair Russell: Okay, I'm trying. Commissioner Diaz de la Portilla: -- that flooding and other issues are -- because of this project, because that's not the case. Vice Chair Russell: Mr. Winker, we've established four houses that are on Charles, that you are representing or seeking intervenor status right now. Are there any others on Charles that you'd like to present right now? Mr. Winker: 1 do not believe so. Vice Chair Russell: Okay. Is there anyone not on Charles that has an issue that has not been raised up to now, traffic valet, noise, construction. Mr. Winker: Okay. Well, Courtney already got -- Courtney we are -- Vice Chair Russell: Outside of Charles. Mr. Winker: They live together on Charles. Vice Chair Russell: Outside of Charles. Okay. Commissioner Watson: Or on Williams? Mr. Lago: I would like to make my arguments before you vote, please. Vice Chair Russell: Okay. So alright. So, Ms. -- Commissioner Watson, you have a motion and a second on the floor right now for Mr. Vinciguerra, which would also include Courtney Berrien, because they live together. Would you like to amend that to include the other two houses that have been presented so far that have properties on Charles, all within that map -- Mr. Lago: Let's be clear, including the 495 -- Vice Chair Russell: Just a moment, please. Just a moment, please. Commissioner Watson: Yeah. But not the one that's 495 feet away. Vice Chair Russell: Okay. So 3373, you do not want to include that in your motion? Commissioner Watson: No. Vice Chair Russell: Okay. That is Dr. Catherine MacDonald and Mr. Cliff Hawkins, correct? Mr. Winker: Yes. Correct. Vice Chair Russell: Okay. So what about Ms. Jena Saul, whose property is one more - - one more over from Ms. Gibson, correct? Mr. Lago: The vacant lot. Commissioner Watson: One -- yes. She should be included. City of Miami Page 186 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: That's -- that' a vacant lot, she doesn't live there. Vice Chair Russell: Neither does Mrs. Gibson, but they own property, which could be more adversely impacted. Commissioner Watson: But they are speaking on behalf of their property. So I mean, I -- look the truth is, Commissioner, Commissioner Carollo kind of narrowed it down so 1 think we get some clarity here. Vice Chair Russell: Is your microphone on, sir? Commissioner Watson: I'm sorry, it's on. The truth is, Commissioner Carollo narrowed it down. If you are on Charles up to Margaret -- if you're on William, north and south up to Margaret, then let's say for all practical purposes, the project can affect you. If you have somebody, Mr. Winker, that's there, then they should have status. Mr. Winker: Fair enough. Vice Chair Russell: Alright. Mr. Winker: And no one else. Vice Chair Russell: So the motion is for Courtney Berrien, Anthony Vinciguerra, and Jena Saul to also be included as intervenor status. Is that correct, Commissioner Watson? Commissioner Watson: Yes, sir. Vice Chair Russell: Alright. Seconded by the Chair. Mr. Lago, you're -- you're recognized. Mr. Lago: Mr. Winker has failed to demonstrate that his clients have a legally recognizable interests in this application. Much less one that will be negatively affected in a way that is greater than the general public. First, the concerns Mr. Winker's clients cited are not legally recognizable interests. Most of them have nothing to do with this application before you today. In fact, he only stated generalized complaints that are unrelated to the application or the potential impact on his clients. For instance, he mentions trees. This application does not propose the removal of trees. This is not a tree removal permit. In fact, this application proposes to preserve trees. The restrictive covenant that's part of the application before you today requires the preservation of the largest specimen tree located on the property, which our clients voluntarily proffered since day one. Flooding. The law requires developments to comply with various city and county regulations regarding water drainage, water retention, and drainage. So this is irrelevant. Furthermore, the staff analysis for this application provides that the application meets concurrency for storm sewer capacity. Notice. As your staff has confirmed, all required notice procedures were followed for this application. So I'm not sure how Mr. Winker's clients, who received notice of every hearing for this application, are negatively impacted by the notice they received. They're here today. Open space -- sorry, traffic. The traffic concerns expressed by Mr. Winker relate to existing traffic' issues that affect all of us, everyone in Coconut Grove, and our city at large. These are longstanding traffic concerns, which our client also shares. However, he has not established how this minor application -- this is a three-story application, this isn't a City of Miami Page 187 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 40 -- this isn't the Design District SAP, how this minor application will adversely affect these specific individuals in a way that is greater than the general public. With that I ask you to deny -- in summary, Mr. Winker has failed to establish how his client has a definite, not speculative, legal interest that will adversely affect -- that will be adversely affected in a way that is greater than general public. As such his requests for intervenor status should be denied. Thank you very much. Vice Chair Russell: Thank you, Mr. Lago. Okay. Discussion on the dais. For me, the trees, the other things we can address on -- and I -- and I don't see -- traffic is the one where 1 don't see where you can take six single-family residents, turn it into 60 units of bed and breakfast, and say that it's not going to have an impact on traffic, when you got guests, employees, and service. There may be a traffic analysis that's been done, but 1 think it's undeniable that the abutting and nearby neighbors can -- on Charles especially -- can expect an increase in traffic. Now we're going to mitigate that and address that. We've already spoken about that, and I'm looking forward to that in your proffer. But in the moment -- in the way the application currently is, I can see their concern. So there is a motion and a second for intervenor status for these additional one, two, three applicants for intervenor status. Is there any further discussion on there? Mr. Lago: Can you please state the names and the addresses for the record? Vice Chair Russell: Yes. Courtney Berrien, Anthony Vinciguerra, at -- help me out. Ms. Berrien: 3325. Vice Chair Russell: 3325 Charles. Ms. Berrien: 3325 Charles. Vice Chair Russell: 3325 Charles. And then. Jena Saul at 3287? Ms. Saul: 3295. Vice Chair Russell: 3295 Charles. All in favor of granting -- yes, Commissioner, you're recognized. Absolutely. Commissioner Carollo: Generally, overall, in agreement with what Mr. Lago has stated. But I want to make sure that if I have missed anything, I'm going to do what you as you asked originally, Mr. Chair, to err on the side of caution. I don't want -- Ms. MacDonald: I can't hear him at all. Commissioner Carollo: I'm sorry, I said -- Vice Chair Russell .• Said he wants to err on the side of caution. Commissioner Carollo: Yeah, I don't want anyone to say that we didn't give the right to people that are on that street, especially close to the development, to have intervenor status. Whether they truly have it under the law or not, I'd rather let a judge decide if they bring it there. And this goes against what they would like to hear. But the minute you have one -- doesn't really matter if you have two, three, four, or ten. And -- this is why I'm going to be voting with this motion. Vice Chair Russell: Thank you. I appreciate that, Commissioner Carollo. Is there any further discussion? All in favor, say "aye." City of Miami Page 188 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes unanimously. Dr. MacDonald and Mr. Hawkins, you have good representation here. Even though you aren't as an intervenor yourselves, you have plenty of neighbors who are intervening. And I believe this is going to bring us to the next step, which is the substance of this issue. And I just want to start by saying this, this is a quasi-judicial item. We're going to take this as quickly as possible, but as thoroughly as possible. What we saw this morning pitted neighbor versus neighbor. We are past that point. This is between the intervening residents and this commission, and our goal is to protect your interest for adverse impact from a zoning change. And so we hear you loud and clear, and we're going to see where we can get to on this application to see if those concerns can be addressed. That's my opinion. So, how are we going to do this? Commissioner Diaz de la Portilla: Before we start -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- can we know your Jennings disclosure? Vice Chair Russell: Let's do that. Thank you so much. Commissioner Diaz de la Portilla: Yes. Just wanted to remind you of that one, that's all. Vice Chair Russell: Sure. So, I've -- I've met and spoken with everyone, the applicant, the abutting residents who are now intervenors, abutting residents who are not intervenors, and that it does not bias my decision here today. But I've had correspondence and meetings, and so Pm veryfamiliar with this situation. Anyone else? Commissioner Diaz de la Portilla: May I ask you when was the first conversation you had with Mr. Winker about this matter? Vice Chair Russell: Mr. Winker? Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: The first -- I don't believe we've ever had a conversation. We had a text message yesterday, and I believe that's the first that we've conversed about this issue. Yeah. That's it. Commissioner Diaz de la Portilla: That's it? Vice Chair Russell: Text message from yesterday. Commissioner Diaz de la Portilla: Yesterday? Vice Chair Russell: Yeah. I have -- but I have met with the applicant quite a while ago when they were considering this and approaching the various homeowners associations. And of course I've met with -- Commissioner Diaz de la Portilla: Because I've been hearing about this Charles Avenue thing for like -- meeting after meeting after meeting, so I figured you've had more -- it's your district, so I figured you've had more conversations. Vice Chair Russell: Oh, he only retained recently, ifI'm not mistaken. City of Miami Page 189 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: Yeah. Commissioner Diaz de la Portilla: Well, not retained. I mean, he -- Mr. Winker: And just for the record, the e-mail was from Commissioner Russell to me yesterday. Vice Chair Russell: Okay. You were also at the community meeting that I attended. Mr. Winker: That's correct. Commissioner Diaz de la Portilla: Yeah. Right. So -- yeah. Vice Chair Russell: Okay. So, fair enough. Commissioner Diaz de la Portilla: So, when was that community meeting? Vice Chair Russell: What was the date of that last meeting? They had somewhere my staff attended, and then they had the last one where I attended. Commissioner Diaz de la Portilla: The -- Vice Chair Russell: The 19th of May. Ms. Berrien: May 19th. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: That was -- Ms. Berrien: And with the staff on May loth. Commissioner Diaz de la Portilla: So, on May 19 or May 10th? Commissioner Watson: Both. Ms. Berrien: Commissioner Russell was at a meeting with us on May 19th, and his staff came to a meeting with us on May loth. Commissioner Diaz de la Portilla: Okay. So, that's more than five days ago, right? Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: Okay. Alright. Thank you. Vice Chair Russell: Alright. So, we are going to start in the traditional fashion, with the applicant jbr the change of zoning. We are on second reading here, correct? Mr. Lago: Correct. Vice Chair Russell: Thank you. It's late already. So, intervenor status is new however, but you don't need to rehash the entire project. Mr. Lago: That's fine. Vice Chair Russell: So, the goal here is to take up anything new that you'd like to City of Miami Page 190 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 enter into the record, anything that's changed, any changes to the covenant. And 1 have a list of requests that 1 would like you to consider, and then we'll go from there. And we will -- then we'll hear back from the other side. And let me just start by saying, and this may save some time as well, we do not anticipate any widening of Charles Avenue based on this application or any other roadway improvement. We do not want to widen Charles Avenue. That is not going to happen. However, speed control is a major issue, and I believe that this project will contribute to that. So, I've asked the applicant to take care of the costs, commit to the costs for the five speed tables that have already been contemplated in a traffic calming exercise that is planned for the street already. Is that something that your client is willing to proffer? The estimate is about $30,000 apiece. Mr. Logo: We're just checking the (UNINTELLIGIBLE). Vice Chair Russell: Now, there's no guarantee they'll come because traffic tables need the approval of the residents on either side of that traffic, and there's limitations how jar from the corner. But what we're getting is a commitment -- a financial commitment, and the City will be the applicant on getting those speed tables done. Mr. Logo: Yeah. So, our client has agreed to pay for the speed humps subject to City and County approval. Vice Chair Russell: Of course. The no widening of Charles Avenue is just our side, not on yours. Mr. Lago: Mr. Chair. Vice Chair Russell: The other -- yes. Mr. Lago: As a housekeeping item, could I just state some things for the record? Vice Chair Russell: Yes. Mr. Logo: We'd liked to incorporate all evidence and testimony presented at the Planning and Zoning Appeals Board, and at first reading -- City Commission reading, we also have some letters of support. You saw, you know, the incredible support that we have from the community. We have numerous organizations, including the NAACP (National Association for the Advancement of Colored People), GRACE (Grove Rights and Community Equity), HODA that are all supporting this project. We also have various other neighbors, abutting neighbors as well who have written letters of support that we're introducing into the record today. I just want to remind you on the restrictive covenant, some things that you may not have -- just you may not recall. We're -- we have a couple of commitments that we've made to the community, including the Bahamian and Caribbean architecture style -- design, the preservation of a large specimen tree located at the property. We're designing and constructing around this tree at a substantial cost to our client. And we're restricting building height to 34 feet where 40 feet are permitted. All parking is to be provided undergrounds. We also have had large landscape buffers that we're proffering. In addition, the covenant provides priority hiring for West Grove residents for both construction and permanent jobs, and $150,000 contribution for the repair and improvement of existing low-income and affordable housing in the West Grove. Now, I want to -- I just want to mention something. I believe, and I -- you can confirm, more than anybody, that this is the first time that we see a large contribution in this setting given directly to the West Grove, not to the City's Affordable Housing Trust, not to some other -- this money is going directly to the West Grove. So, with that, I just wanted to add that to the record and -- City of Miami Page 191 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: Mr. Chair. Vice Chair Russell: Yes, Commissioner. Yes, Commissioner Watson. Mr. Lago: -- your -- in response to your questions. Commissioner Watson: And who is that going to? Vice Chair Russell: Rebuilding Together. Mr. Logo: Going to Rebuilding Together. Commissioner Watson: Oh, that's the one that went -- Mr. Logo: That's a great organization. Vice Chair Russell: Thank you. So, I'd like you to consider a voluntary addition to your covenant. In addition to the speed tables, the ingress/egress of whatever project goes here cannot and should not exist on any of those northern streets, not William, not Abitare, not Margaret, not Thomas. Is that something that we can add into the covenant? Thank you. Now, the ingress and egress on Charles Avenue. Just a moment. Mr. Lago: No. Just -- Commissioner Carollo: Commissioner. Vice Chair Russell: Yes. Commissioner Carollo: The -- in the avenue above Charles, there was nobody that was here that lives there that was complaining or was asking for intervenor status. So, my question is, and I don't know what their plans hold, but wouldn't be better to have entrance and exit from both streets? Vice Chair Russell: Oh, no. I've studied this one. Commissioner Carollo: Okay. Vice Chair Russell: So -- Commissioner Carollo: Alright. Vice Chair Russell: -- all of the -- Commissioner Carollo: Your district. Vice Chair Russell .• Yeah. Commissioner Carollo: Yes. Vice Chair Russell: I mean, that would drive traffic all through the West Grove in that residential section -- Commissioner Carollo: Okay. Vice Chair Russell: -- because -- and I'm going to go one step further. On Charles Avenue, can you configure your ingress/egress to only exit toward the east of Main City of Miami Page 192 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Highway, and enter from the east of Main Highway? Mr. Lago: Yes, to both, sir. We can include that. Vice Chair Russell: Okay. Now, to let you understand what that looks like, the Playhouse also -- and this application is nothing compared to what you will be experiencing from redevelopment of the Playhouse. They have configured their service entrance, their customer entrance, everything from Main Highway, and they curve their entrance so that you cannot make a right turn onto Charles and head west. And coming in, you cannot come from Charles and get in. So, everybody is forced to and from Main Highway, and that is the goal that I hope will eliminate the concerns, between that and the speed humps, of traffic issues on Charles. Commissioner Diaz de la Portilla: But are you congesting Main? Vice Chair Russell: Say it again. Commissioner Diaz de la Portilla: Are you congesting Main more? Vice Chair Russell: Only in what traffic will exist. But that's where it should be. That's a commercial corridor. That's a service corridor. That's a delivery. corridor. Charles Avenue is a historic single family residential neighborhood. Commissioner Diaz de la Portilla: Right. Right. Vice Chair Russell: And if we're trying to not migrate that commercial line, we shouldn't be sending commercial traffic down that direction. Commissioner Diaz de la Portilla: I agree. And this is all part --just -- I'm just curious. This is all part of a traffic study that tells us where these -- because I'm not a traffic engineer. Mr. Lago: Right. Commissioner Diaz de la Portilla: I know you're not either. So, what I want to know is, who comes up with these ideas of where it should go? Was it studied? Have you reviewed it? Mr. Lago: No. Vice Chair Russell: This is what the Playhouse has come up with in the county through their -- Commissioner Diaz de la Portilla: Yeah. But this is not the Playhouse. This is a much smaller -- this is a different issue. We're not going to have the same kind of traffic that the Playhouse will create. So, that -- this is different conversation. The question is who makes -- I understand you're the district commissioner, but you're not a traffic expert, as I'm not either, right? So, how do you know which avenue and which street? How do we make that determination as a voting body? Mr. Lago: So, we can agree to restricting access to Charles Avenue. That's correct. I would like for you to go over the second one so that my clients can understand -- can - Vice Chair Russell: Thank you. Mr. Lago: I -- you know. City of Miami Page 193 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Thank you. And 1 know it's hard to picture. It's hard to picture, but there is a way -- and I'm not inventing this. This is what the county has proposed for the Playhouse. And by mirroring this on the neighboring property, I think you're going to do a really great service to the residents on Charles, that their -- let's say you're trying to come into your property. The entrance driveway would be curved in a way that it would be very difficult to come from the west on Charles and take a left into the property. It'd be very easy to come from Main onto Charles and turn right. Commissioner Diaz de la Portilla: So, you're coming from Main? Okay. Vice Chair Russell: Yeah. Same thing when you're leaving. And it's just a configuration of driveway that incentivizes the behavior we're trying to get from those who drive. Mr. Lago: So -- just so we could verbalize this, it would be configuration of an access driveway to push traffic towards a lesser -- Vice Chair Russell: Towards Main and from Main. Mr. Lago: Towards Main and -- okay. But it wouldn't restrict it, necessarily. Okay. Yes. We can reach out. Vice Chair Russell: Alright. There's going to be no road closure or separation. It's simply a configuration of the driveway that incentivizes directional traffic. Mr. Lago: Okay. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Thank you. Now, onto jobs. There was a proffer of best efforts for 33133 hiring. My request is that -- on construction, I understand it is going to be very difficult to find enough construction labor within the area to complete. But the permanent jobs that go there, there is no reason you should not be able to find all, let's say 30 jobs for that project: hospitality, food and beverage, cleaning, all within the neighborhood. So, the goal is 100 percent hiring from the neighborhood conservation, just the goal. And for the first 30 days of any advertisement, it would be within the ND -- NCD (Neighborhood Conservation District). For the first 60 days, it would be 33133, and beyond that it would be Miami residents. And that way, if you cannot find, after advertising, you cannot find -- and we're going to be doing -- I'm going to help you, trust me. I'm going to be working with Thelma Gibson Health Initiative, everybody who's proffering jobs, and we will get you fully staffed up. But this will ensure that you don't lose your CU (Certificate of Use) over a rigid requirement, but it sets you up, and the community up, to be fully staffed from residents within the NCD. Mr. Lago: Yes. We can agree to it. Vice Chair Russell: Alright. Mr. Lago: That priority hiring. Vice Chair Russell: Thank you. Mr. Lago: And we're increasing the existing priority hiring that we already have -- Vice Chair Russell: Thank you. Are you willing to -- City of Miami Page 194 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Lago: -- just for the record. Vice Chair Russell: Thank you. Are you willing to proffer a voluntary living wage commitment of $15 an hour for all permanent jobs onsite? Mr. Lago: I'm sorry? Vice Chair Russell: Are you willing to proffer a voluntary commitment of living wage at $15-an-hour jobs for everyone onsite? Mr. Lago: Yes. Vice Chair Russell: Thank you very much. With regard to trees, that's a separate issue that will come through our code which has protections for trees, and I'm very confident on that. I don't need anything in the covenant other than what the tree they - - they've proffered to protect there, and same thing with flooding. My understanding is T3 allows for 50 percent coverage, T4 allows for 60 percent coverage. So, we're talking about a 10 percent difference in the permeable surface. And all the requirements for their retention of water onsite, I'm confident on that issue as well. I'm trying to remember if there's any other requests within the covenant, but I can't think of any right now. Mr. Lago: Commissioner,1 would just like to add on the restriction of access that we may get subject to life safety -- compliance with life safety. Vice Chair Russell: Yes. If this -- Mr. Lago: If this -- Vice Chair Russell: If this is not approved by the county which governs how we do ingress and egress, you would be released from that. Mr. Lago: Correct. So, all restrictions on access, or all access issues are subject to city and county approval. Vice Chair Russell: Yes. Mr. Lago: Thank you, sir. Vice Chair Russell: Yes. Alright. So -- Mr. Lago: Yes. We'll do it. Vice Chair Russell: -- those are my requests. I appreciate you voluntarily proffering them within the covenant. I thank you very much for that. Mr. Lago: Yes, sir. We voluntarily proffer them. Vice Chair Russell: Now, is there anything you'd like -- else you'd like to contribute before Mr. Winker and his -- Mr. Lago: I mean, this is -- you know, I've been doing this for -- Commissioner Diaz de la Portilla: I think your volunteerism has ended right now. Mr. Lago: Yeah. I've been doing this for close to ten years, I've never -- I've -- you City of Miami Page 195 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 know, I've done buildings that are 60, 70, 80 stories and I've never seen a project that's proffered more, especially at this scale. Vice Chair Russell: I would agree with you. Mr. Lago: This is a three-story building, sir. Commissioner Diaz de la Portilla: I have to commend you, Chairman. I've never seen you push as hard. The year -and -a -half that I've been here, you're pushing really hardly here. I like it though. I like it. It's a new side of Commissioner Russell. 1 like it. Mr. Lago: So, you know, 1 would like to be able to finance this project, sir. So -- yes. 1 -- you know. Vice Chair Russell: Yes. Alright. Mr. Winker, you 've heard the proffers, you've heard the protections that were offering for traffic, and jobs, and the various things that were brought up. The floor is yours to rebut and ask any questions you'd like. Mr. Winker: Awesome. Thank you. I think you can see the relief of my clients. This is the first time that their voice has been heard, and we're appreciative of that. I'm going to have a few come up and have some questions about it. Maybe a couple of minor changes to the things. I do need to place on the record a few objections to the application. I do want to point out just generally. When Miami 21 was passed, we were told, I sat in those meetings, and we were told there would be no more spot zoning, and here we are again and we're back to -- you know these people bought their property with a full expectation that their neighborhood would remain residential. This is the definition of gentrification. And to me it's the most odious form of gentrification, because it involves government induced gentrification. I said earlier, everyone here I think has good faith. These guys came today, concessions, we're working it out, I wish this had happened two months ago but we're working it out, and we're going to get to where we need to be I believe, but that takes time and really going through it. And this idea of gentrification, I want to really plant that seed with you as I go through the presentation because you're going to see this more and more. They rely, and the staff relies on a reason for building buffers that you're going to have pressure in all your districts, every one of you is going to have it. Those -- the -- we talked a lot about case law, and the case law is clear. Those who own property and live in a residential area have a legitimate and protectable interest in the preservation of the character of their neighborhood. This is unusual, I've never personally done this where a conversion from residential to commercial within a just - - when you go to that neighborhood, it is a residential neighborhood, kids playing in the street, everyone running around. The case goes on to say zoning ordinances are enacted to protect citizens from losing their economic investment or the comfort and enjoyment of their homes by the encroachment of commercial development. You're looking at people who are going to be ousted from their home. We are not -- you are smirking over there. They are going to be eliminated. And this is going to happen. This is what gentrification looks like, and they are going to be moved out of their neighborhood, and you're going to see this increasingly. Unfortunately, right now we're seeing it happened in what types of neighborhoods? Black neighborhoods. Commissioner Reyes isn't here. I live in Shenandoah, and I'm active in my community. I'm on my community association, on the board, and we deal with a lot of problems. One thing I'm not worried about is a 66 hotel -- 66-room hotel on my street. That kind of stuff only happens in Black neighborhoods. I do want to point out some legal inconsistencies about the application. Miami 21, 7.1.2.8, contains a requirement that the application include an analysis with photos of building elevations of both sides of the street, extending 300 feet beyond all boundaries of the site. An aerial photo ofthe site and radio property -- I'm sorry, radius property shall be included. It's not included. Furthermore, the analysis shall explain why the zoning change is City of Miami Page 196 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 appropriate. It contains that. They spelled out why it's appropriate. But the code requires something more, and it says why the existing zoning is inappropriate. There is no argument that residential zoning here is inappropriate, and they do not make that case. I would also point out that I can't remember being at this stage of an approval, where staff analysis concludes that the applicant is non -compliant. Here, you've heard a lot about traffic, and you've heard a lot about community outreach. The staff analysis concluded they are not compliant. Policy TR 1.4.4, requires, in an effort to better identify problems, and select proper traffic calming solutions in residential neighborhoods, to reduce traffic speeds, and cut through traffic, the City will encourage, and promote more citizen and stakeholder involvement to build support for neighborhood traffic calming plans. The City's analysis, as of today's date, the staff is not aware of any outreach to the community. Finding 6, the comprehensive plan amendment application is not consistent. There is no argument that the project is not out of character and scale with the surrounding neighborhood. It's not complementary to the residential character, nor to the scale. I would point out also, you've heard many great things said about the Stirrups and we -- my clients look forward to working with the Stirrups in doing this. But I will point out the City staff made a conclusion about the Stirrups' lots that sets a troubling precedent. The City analysis says vacant properties are among the most of visible outward signs of a neighborhood's reversing fortunes. Properties that have turned from productive use to disuse, can vary widely in size, shape, and former use. One of many ways that these problems manifest themselves is through the property owner's failure to maintain their property, such as uncut grass, shrubbery or illegal dumping of litter, and other solid wastes on vacant property. You heard a lot of testimony about garbage dumping. Unfortunately, this becomes a vexing issue for both the property owner and local neighborhood. This was exemplified when staff did their site visit of the subject properties. Staff noted the unkept grass, and overgrown shrubbery. I want us to be careful about setting a precedent to say an area is blighted. When who blighted it? The owner blighted it. These lots are blighted because the owner didn't take care of the lots. I want to be careful about how we deal with that in the future, to not reward people for not taking care of their lots. I would also point out, and this caused Mr. Lago to laugh, the equity related goals. With respect to the City's housing goals, to me, the project falls woefully short. In the neighborhood where the existing medium household income is far below the citywide average, this is unacceptable. The project is inconsistent with MCNP objectives LEU 4.1, 4.2 and 4.3 on mixed -income developments and affordable, and attainable housing. Remember what we're doing here, we're taking housing out of production and turning it into a hotel. I'm sorry. It's also inconsistent -- goal HOI of the MCNP is to increase the supply of safe, affordable, and sanitary housing for extremely low, very low, low, and moderate - income households. Again, this does the opposite. Displacement, it is well documented that new commercial developments contributed to deepening housing unaffordability. We need more research on the potential for displacement of existing residents, and we would like to see a displacement study. Zoning and the speculative market. There has been a lot of talk about how this is not going to continue the commercialization up Charles. But real estate brokers are explicitly using the pending zoning change as a means to upsell the properties. You can see it on Zillow. The properties listed for sale are not being marketed to homeowners to live in, but to investors to develop, flip or rent out. Environmental concerns we've talked about, I'll skip over it, but they go to coverage area, they go to air pollution, and these are things that need to be mitigated. I also want to point out one final thing. The applicant and the staff analysis relies on the -- I'm sorry. Vice Chair Russell: Sorry. You just reached 10: 00 p.m, so the Clerk needs to read a statement into the record. Mr. Winker: I'm almost done it. City of Miami Page 197 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: I'd set a 10-minute timer for you to mirror -- Mr. Winker: I'm on the last line. Vice Chair Russell: Go ahead, Mr. Clerk. Mr. Hannon: Thank you, Chair. Commissioners, the time is now 10: 00 p.m. Miami City Code Section 2-33 states the City Commission meetings shall adjourn at the conclusion of deliberation of the agenda item being considered at 10: 00 p.m. unless the time is extended by unanimous agreement of the members of the City Commission then present. With this in mind at the conclusion of deliberation of items PZ.6 and 7, City Commissioners present on the day of must be unanimously agreed to extend the duration of the City Commission meeting or the meeting shall adjourn. Thank you, Chair. Vice Chair Russell: Thank you, so that means we're not done at this moment. We're done when this item is done unless unanimous agreement to continue, and just let me - Commissioner Carollo: You're not going to have it. So this will be the last item -- Vice Cahir Russell: I'm just going to list the items that are remaining on the agenda that would automatically rollover to the next like meeting which are: RE.1, SR.1 SR.3, SR.4, SR.5, FR.2. If there is any one of those items that any commissioner passionately wants us to take up, you'll have to make the case to get unanimous agreement of this body. But I'll let you do that once this item is over, Mr. Winker, please continue. Mr. Winker: Thank you. One of the most troubling parts of the application is the reliance on the redevelopment of the Coconut Grove Playhouse. The argument is that a buffer needs to be placed between what the Playhouse is going to become, and the residential neighborhood. Of course, the City is vehemently fighting in court the Playhouse demolition plan by the County. But I would also point out that throughout all of your districts, you're going to have a situation where in Silver Bluff, on all those homes that run behind 22nd Avenue, I'm sorry -- yeah, 22nd Avenue, you're going to have developers coming to you, and saying, hey, you got to up -zone me, we got to buffer this, and that pressure and I don't know how you're going to stop it. I think developers are going to come in and say, you gave it to them, why not to us? But that argument is going to open up development throughout the City, and I think that Coconut Grove is probably along that entire US-1 corridor through all these aspects, it's going to be very tough to fight back developers, if they're allowed to argue, we got a buffer up everything. With that, I would like to turn it over to -- or tell me how you want to do order. I have a PowerPoint presentation by one of the intervenors that will address some of the items that are being negotiated. Vice Chair Russell: Thank you. Mr. Lago. Mr. Lago: We have not had equal time; can I just point out some of the issues and rebut some of the things that were just mentioned? Vice Chair Russell: Okay. Not in this moment, but yes. You will have time to rebut. Mr. Lago: Okay. No, I just wanted to make sure I have time to rebut. I just want to mention that we saw this presentation at the last meeting. I believe we saw this presentation at the last meeting? Mr. Winker: No, you didn't. It's been changed. City of Miami Page 198 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Lago: Okay. Mr. Vinciguerra: Sorry, that's strange. Vice Chair Russell: We lost our quorum. Mr. Vinciguerra: Technology people are here. Vice Chair Russell: We got our quorum back. Mr. Vinciguerra: That's not my computer. Vice Chair Russell: Which -- Mr. Vinciguerra: Give me a one second. I'm sorry. Vice Chair Russell: -- which computer is being shown on the on the monitor? It's not yours. Mr. Vinciguerra: Okay. Here we go. Duplicate. Excuse me. There we go. Thanks so much. I apologize. Little technical difficulty. Vice Chair Russell: Got it. Mr. Vinciguerra, how long is this deck? Mr. Vinciguerra: I would say maybe five minutes. Vice Chair Russell: Five minutes? Mr. Vinciguerra: Yeah. Vice Chair Russell: Alright, and so you'll have up to 15 minutes if necessary to rebut once he is done? Mr. Lago: I'll be quick. Mr. Vinciguerra: I have about five minutes, and then the other intervenors wanted to say a few words, if that's alright. Vice Chair Russell: It is. Mr. Vinciguerra: Okay. Thanks so much, so let me get this spinning. Thank you. First of all, I thank everyone for their time. This is -- all of this is because we care so much about our community. We love the West Grove. It's a beautiful area, so historic as we heard this morning. We heard beautiful words about the history of the Stirrup family, the Simpson family, the Armbrister family, the Gibson family, those that built this community, and we love it. We are advocating and really thankful to Commissioner Russell for all of his work on NCD-2, on historic homes and preservation of a unique gem in Miami and we really just want to say how much we appreciate that. And the reason we're here is because we care about it, but we are also here to make sure that it's preserved. There's so many beautiful words about how this hotel is going to benefit the community today. However, I find it shocking and disturbing to be honest to see once the Stirrups have gone home, how the developer's counsel treats community members. Even when they're speaking, including longtime historic residents who are going to have a property next to a 66-room hotel. I hate to say it, but this has already been our experience with the developers who've been working with the Stirrups' properties. It's a gorgeous community. I live in one of the last City of Miami Page 199 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 shotgun homes unfortunately. Very quickly. So our first question is about engagement. I know we talked about people being noticing -- noticed, to the point about why we feel like this. When the historic Stirrup home was rezoned in 2014, a number of us on the street were really concerned. We love the Stirrup family. We've loved the idea of that house being rezoned and -- the house being restored, but there was a lot of concern about what this would mean. Would it gentry the community? Would it really protect us? All the promises we're getting today. Unfortunately, during the process, we were given many promises. I was at the HODA meetings myself. I took notes. We were told the Mariah Brown House will be restored. We were told there'd be jobs. We were told that we would be engaged if any new building took place on this property. We were concerned. When we got involved with this, the residents just found out there's another large restaurant and bed and breakfast already being planned to be built adjacent to their historic Stirrup home. Nobody knew about it in the area. Now 1 understand we're not talking about this today, but I'm articulating it to say why we might have concern about these binding covenants. This is abnost twice to three times the size of the Historic Stirrup home, and this is already gone before HEP Board. No one in the community was talked about -- was told about it. Even though in the weak covenant on that property, it says that any new building will go before a public meeting with the HEP Board. It does say it, Mr. Lago, you can look it up. But no one was notified about this. We were shocked to find out about it. It's also been misrepresented. We just heard a minute or two ago that it was a small three-story hotel. This is a five to seven building complex -- built a hotel complex. This is the only rendering by the developer, taking almost an acre of property at the top of one of the most historic streets in Miami. This isn't a small thing. That's why it's so important. As you see this piece of property, it's enormous. It's almost an acre, is equivalent of almost nine lots. When we got involved, we got involved because we were so concerned about this. Again, this is the number -- those are the residents that have signed petitions against it. So I'll move along quickly. With traffic to say that we have no impact is obviously not true. Mr. Winker already pointed out that was inconsistent with the staffs own study. But we have concerns, and this is again why we want things binding, and we love the Stirrup family, but in terms of what happens with this development, we need to see a binding covenant. This is the developer's own rendering of William Avenue, not Charles Avenue, William Avenue. They just stated there will be no cars, no entrance and egress on William Avenue, but this is their own rendering of William Avenue. So when he said there will be no increased traffic on William Avenue, it's strange that this is there drawing. Uber traffic. There won't be increased Uber traffic on William Avenue, construction traffic won't happened on William Avenue, this is their own drawing. This is why we need binding covenants on this agreement to make sure that there are promises that have been told are real and happened. In terms of environmental impact. I agree, Commissioner Russell, we've got great laws, but we have to make sure these are enforced. Why? We were also promised again when the historic Stirrup home was re, oned, that things would be protected. However, shortly afterwards, the developer clear cut the trees adjacent to the historic Stirrup home, was fined thousands of dollars for this, it's well - documented. This is why we were concerned. In the staffs own analysis, you mentioned this Mr. Russell or Commissioner Russell, it says that the green space, will go from 30 percent to 15 percent. That's one, a 50 percent reduction in green space in a beautiful area, and of course we mentioned the trash. I just took this -- we just took this photo this morning. Regularly, there's trash dumped on the street that's being called blighted for this proposal from the property, from the historic Stirrup house. Again, I don't fault the Stirrup family or the Simpson family for this, but these are things that the developers have done in the community, continues to do, and this is why we want binding covenants to protect the coniniunity that we love, because we share the concerns. We share the dreams that were articulated this morning. We want the same things; we want them more. So the environmental impact. Then finally, commercial encroachment. And Commissioner Russell, I know we spoke about this when you visited us at our community meeting, but unfortunately we haven't heard City of Miami Page 200 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 much about it today. There's a lot of concern about what development like this would mean, and I appreciate Commissioner Carollo, you mentioned that these other properties wanted to turn commercial. We know that's true, but we're concerned about it because we like a historic residential community. What will it be like when this is Charles and William Avenue? Now, I just wanted to note that a developer who owns two properties adjacent to the historic Stirrup home is already marketing his properties. Next to the historic Stirrup B&B, he's calling Casa Mingo B&B. I understand, he's just selling them. But it says with a potential to turn commercial. Again our concern is that this will set a precedent for others in the area to say the Stirrups got commercial zoning -- rezoning so why can 't we. So those are our main concerns, have been articulated. We appreciate the jobs concern. We're so glad that'll be made enforceable and with living wages, but our real concern moving ahead and again, Commissioner Russell, we really appreciate you pushing for binding covenants, is that the residents are able to see these covenants before they're signed and finalized. That we're able to review them with our counsel, to make sure that we feel that they're inline -- we're willing to work with -- today, we're really asking for a deferral is what we would like, a deferral so this work can be done. So that it can be reviewed, made binding and so the dreams, the beautiful dreams that we saw articulated this morning can be made enforceable and true. We'd like to just trust the developer, but because of our experience so far, we just have a lot of concern. So we have a couple other commercial -- a couple other intervenors that would like to speak. Ms. Saul: Hello, good evening. I'm Jena Saul. I have the lot 3295 on Charles Avenue and I'm curious to know what makes the Stirrup family any different from any other family of landowners who wanted to turn their lots into commercial. My lot, 3295, on which 1 plan on building a family home, is right across directly from the Mariah Brown house. What happens when someone wants to turn that into a bed and breakfast with underground parking. Beside that is the Odd Fellow's Hall, currently now a church. What happens when that property owner wants to turn that into a bed and breakfast with underground parking, or hotel or motel, or whatever you want to call it. That encroachment is real. And soon Charles Avenue with its single-family homes won't exist anymore if we allow one to happen. Because everyone will make the same argument before you today with their attorneys, and they'll say, why this family and why not me? Thank you. Vice Chair Russell: Thank you for your comments. Ms. Berrien: Mrs. Gibson's too tired. Vice Chair Russell: Been a long day. Ms. Gibson: I'm Shirley Gibson, and I'm here to voice my, opinion, my dissent against the project. Because once it's commercialized it's going to be just -- you are going to have a domino effect. They'll be corning to me to try to get me to commercialize my property, and it's going to go all the way down the street. I live on the street on 7th Avenue, and I moved there in '73. There were houses there, but now the houses are gone, there's nothing but condos and businesses and small malls, and the same thing will happen once we start on Charles Avenue to commercialize it. We've been meeting, and my lots are vacant, and the attendees bring their children with them, and the children have so much fun rolling in the grass, running around, grabbing the mangoes, throwing them as balls. And when you bring commercialism in there, you destroy the family structure, and I would certainly hope that you would reconsider your past vote on turning -- on rezoning it, and just put yourself in my position as if you lived on that street. My family's -- that property has been in my family for over 100 years. My father was born in a house 110 years ago there. I was not born there, but I was conceived on Charles Avenue. And have a heart, please, think about the .families that build and make neighborhoods. And when you bring this hotel in there, City of Miami Page 201 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 they say they're going to have underground parking. But my experience in the Village, guests at certain hotels have asked me if1 know where they can park because they pay like $35 a night. So that might happen with this new hotel, and they'll be going down Charles Avenue, parking in yards, people's yards. So they won't have to pay that expense, and just think about it. Okay. Vice Chair Russell: Thank you, Mrs. Gibson, you got your second wind there. Ms. Gibson: Huh? Vice Chair Russell: You got your second wind. Ms. Gibson: Okay. I'm retired so I can stay up late. Ms. Berrien: Thank you. Thank you. Thank you. Thank everyone that's sitting here and has been here so long. We've been here since 9:00 a.m. and I think others have too. This is my first time speaking. My name is Courtney Berrien, although I think I've been clearly communicating pretty visibly from the background, but I appreciate the opportunity to speak. We met last night for the first time with Mr. Gardner and Mr. Porter, and they're very nice people, and I think that we agree on what we want to see in the community. Our concerns are that everyone will like each other and express that they want the same things. But then after we leave this room, that those things won't be binding. And so most importantly, what we would ask is that before voting to approve the zoning, rezoning, that we have the opportunity to sit at the table and make sure that each of the remaining concerns is addressed. So I want to be really specific about what those are. 1 think we're definitely moving in the right direction, and it seems that it will be very easy to agree. That -- the minor details that I feel that remain are this issue of promoting a walkthrough from Charles to William Avenue. That sounds wonderful from a pedestrian perspective, but we live in 2021, and the real concern that we have about Uber traffic going to pick up residents who can more quickly get a ride from William Avenue than. from Charles Avenue. There must be an easy way to address that, because I think that there is a very real concern for residents on William and the way that Thomas and William connect is right around the bend. So Thomas and William are essentially the same thing as that specific concern. Is there -- I think that if there is an opportunity for other residents who signed our petition but couldn't be here today to talk about fencing, things like that, and there's one resident in particular who his name is Deandres Clay (phonetic). He's been very vocal at our meetings. He has inherited a house from his father on William Street, but it will be directly across from the hotel, and he was sobbing at the first meeting that he went to that I think Commissioner Russell's staff was at on May loth in front of our group. He has a young son, and he was saying that he feels that he's going to have to sell his home because he's worried about the debauchery that comes along with bars, restaurants, and hotels and his child being able to play in the street. So again, there must be some concerns, some easy way that we can address boundaries for William and for the houses that are on William. A huge concern that I have, what Commissioner Russell said made me feel much better about this concern, but it still remains the opportunity to continue to move down Charles Avenue with commercial development, and you just saw how there are property owners that have current zoned single-family residential advertising their properties. Now I understand that this isn't the developer's fault, but clearly already just because of what is being suggested by this development, that is what is happening and that is how people are advertising their properties. So if there is a way to ensure that there isn't a plan to force a commercialized corridor down Charles Avenue, as has been suggested at the Grove Village Council and at HODA numerous times. In other words, this would be the last -- the last commercialized property in this residential area, and I think the City would have to offer some guidance on that. The traffic calming measures sound great. I think, you know, along with a study if we could see how those will play out all City of Miami Page 202 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 of that within a few weeks, we feel that folks would feel really happy if we could enter into a covenant with the developer to make sure that those things were binding. So that's our request is actually to defer the rezoning until we can enter into a covenant. The other thing that I forgot to say was about the construction traffic on -- we want that to be limited to Main Highway. We talked about that before, but how will that be binding and ongoing commercial traffic on Charles. We talked about the driveway potentially that would push the traffic towards Main Highway. But right now that we have a narrow street and when large commercial trucks drive up and down, our whole house shakes and laundry service, soda pop delivery, whatever it's going to be right all day long. So if the developer -- and I think through the conversations that we had last night, that's something that was agreeable to them. If all of this could be addressed ahead of time before the rezoning is voted on, that's what we would hope to see. So again, we really thank you. We appreciate this opportunity to speak. It was really difficult to get here, and I appreciate anyone that intervened on our behalf. Thank you. Vice Chair Russell: Thank you. Are there any further comments from the -- Mr. Winker: With that said, we will rest. I did want to point out one thing I talked -- we talked about kind of power equities. There is -- I'd like to -- Mr. Lago, can I ask you a question? Is there -- Vice Chair Russell: Through the Chair please? Mr. Winker: Through the Chair, is there -- how many community benefit agreements are currently out there? Are there any community benefit agreements that had been signed with anybody? Vice Chair Russell: So covenants are we talking about that? Mr. Winker: Agreements, covenants. Vice Chair Russell: The -- the -- the City Administration is working on a GIS map of every covenant that's out there on any existing properties so that we can monitor them because it's no secret that they have not historically been monitored very, well to make sure that covenants -- Mr. Winker: But I'm saying, in -- in this in this deal, did you ask them -- Vice Chair Russell: This deal. Mr. Winker: In this deal. I know there's a draft restrictive covenant that's been negotiated with the City. Vice Chair Russell: Yes. Mr. Winker: And then everyone talks about that there is a CB -- Community Benefits Agreement with GRACE, is that and I mean, that's the party? Could you -- could you - Vice Chair Russell: I'm not party to that. The City is not party to that, so I cannot speak. Mr. Winker: So I'd like to ask that, you know, as in my intervenor status. I'd like to know we were never given a copy of whatever agreement there is with any other community organization. Where I'm going with this is not to be destructive, but to say, hey, we want one too, because there are some of these concerns that are super easy to City of Miami Page 203 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 address. So 1'd like to see what the context, if -- if those exist. I don't know that. The rumor is that there's a number of private agreements between the developer. And so 1 don't know who 1-- ifI need to call someone to the stand, l just wanted to know how that's structured so I can -- I can understand. Vice Chair Russell: Understood. And -- and by the way, for -- now that you do have a not -for -profit group, but for lack of that, individual residents count on their elected officials to create a covenant that will protect them. Mr. Winker: But that's where I'm going because GRACE, if it's true, again, I don't have it. Is there someone we can put on to ask? Vice Chair Russell: So I'll ask. Mr. Lago, are there any -- Mr. Lago: Can I certainly respond to that. You know, this isn't a secret. There's been, you know, members of GRACE that have spoken at various hearings, and they have said that we have reached a community benefits agreement. Mr. Winker: So it exists. There's a document? Mr. Lago: Correct. Mr. Winker: So we'd like a copy of that. Mr. Lago: I'm not a party, so I mean Mr. Winker: Who is a party? Mr. Lago: Well, I'm saying I'm not -- I'm not -- you know -- Vice Chair Russell: Is it a confidential document? Mr. Lago: The developer is the party. The developer is a party. Vice Chair Russell.: Is it a confidential document? Mr. Lago: It is confidential, yes. Vice Chair Russell: Okay. I am -- I have not seen it and I'm not familiar with it, but this is -- Mr. Winker: So we -- so -- Mr. Lago: But we've discussed these terms on many occasions. Mr. Winker: So we'd like your -- Mr. Lago: (UNINTELLIGIBLE) public record and I have stated on many occasions. So for example, things like the $150,000 contribution to Rebuilding Together is part of that covenant. A lot of things that you see in the restrictive covenant with the City. And I'm sorry, and it's not a covenant, it's a Coniniunity Benefits Agreement. And a lot of things that you see in our covenant with the City are also reflected in that covenant. There's not a super -secret covenant. Mr. Winker: No, no -- Mr. Lago: Super -secret agreement. City of Miami Page 204 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: But we asked for it but we haven't gotten it. And is there -- Mr. Lago: And again -- and again, just to -- just to reiterate and answer again, the question that -- that the Commissioner answered, you know, for you or earlier today was there was no payment to GRACE. Mr. Winker: Sorry? Mr. Lago: So there is no payment to GRACE. Mr. Winker: Right. Mr. Lago: And there is no financial benefits to GRACE in that agreement. Mr. Winker: There's no, I'm sorry, there are no -- Mr. Lago: There's no payment. There's no financial benefits. Mr. Winker: No financial benefit as part of this yet? Mr. Lago: Correct. Mr. Winker: Is there a CBA with any other organizations? Mr. Lago: No. Mr. Winker: Okay. So where I would go with this is we want our CBA. Who would to be able to address some of these concerns. Commissioner Watson: Through the Chair, who is our CBA? Mr. Winker: Our? Commissioner Watson: Yeah, who is that? Mr. Winker: The clients. The residents who live within 500 feet. Commissioner Watson: Because I also asked you for everybody, who wanted the intervenor status -- Mr. Winker: Exactly. Commissioner Watson: -- how long they've been in the community, and I didn't get that either. And I can tell you make an argument of gentrification, that 70 percent of people that walked up here are gentrifiers. So I'm not so sure where -- what -- where are we missing information here. Mr. Winker: I don't know what you mean that they're -- the -- Ms. Rumph: 70 percent of people, if you subscribe to the folks that live on Charles Avenue -- here's something that 1 think was interesting. What we should've been doing as a body, city, planning is preserving Charles Avenue, just period, okay? But if that was the case, 70 percent of your clients probably would not be on that avenue. So when you start making, because like, people throw out these fancy words because all neighbors are going to transform in some shape or another, right? But when you start arguing the case Ibr gentrification or who is a gentrifier, 70 percent of the people you City of Miami Page 205 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 represented are gentrifiers. You realize that, right? Because I can tell you, in growing up in the neighborhood, none of those folks was there. You know that, right? Mr. Winker: Yep. Commissioner Watson: Okay. Just -- I just wanted to make sure that you now when you start pushing something, it sounds to everybody else very negative, only Ms. Gibson -- I can't remember her name, as I was growing up, they were there. Mr. Winker: Ms. Bumph. Commissioner Watson: They were there. Mr. Winker: Mr. Armbrister. Commissioner Watson: When everybody else that you represented, the doctors, and all these other folks, they are gentrifiers, you realize that, right? Mr. Winker: Right. But let's talk about it. What kind of gentrification. Commissioner Watson: No, they're gentrifiers. I'm not trying to get into the qualify -- Mr. Winker: I think it is important. Commissioner Watson: Listen, listen. Mr. Winker: Living in shotgun shacks. Commissioner Watson: Listen, no. I'm not trying to get into your qualifications of what gentrifiers are. I know what you mean when you say gentrifiers and gentrification. I'm just saying to you, we probably should've preserved Charles Avenue. Mr. Winker: Absolutely. Commissioner Watson: And kept it in a different form. Mr. Winker: It's not too late. Commissioner Watson: Well, it's too late now, based on what I've seen, it's too late. So now, what you're doing is, you're trying to make an argument based on some things that may or may not necessarily be the case. And we're only trying to decide who will be aggrieved as it relates to this particular project. That's all. So I just wanted to make sure you see that. Mr. Winker: So I'd like to respond to that by saying I couldn't respect you more. I don't disagree with many of your points. It's -- it's that idea of when's the best time to plant a tree? 40 years ago, the second-best time, today. And I feel like there's still a character there that we're going to lose, man. I'm really worried about it. And then the last thing I would say is when you say like who we want. These concerns we have, I'm going to close with this, and I'll turn it over to Mr. Lago. But we would really like a short delay for us to come up with agreements that work because I tell you developers, I tell you Stirrups, Stirrup family, we want to support this project. I want to be behind this a 100 percent. And honestly, we're probably going to be behind the 100 percent, whatever way this goes, work with us. Let's -- let's -- we want to become your biggest. fans. These people want to make this happen. So I don't know if there's something we can work out to make that happen to get this done. I don't know what City of Miami Page 206 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 you're thinking, Mr. -- Commissioner Russell, what that's going to look like, but I would like to make that humble request. We had a meeting last night. Lawyers were barred, they showed up, they hammered through everything, and it was -- you know it was amazing. I mean, I got a call, an 11 o'clock at night from Courtney saying, we can do this. So let us finish that work and get this done in a way that works so that we come next week and every one of these people comes in and says, you solved a problem, we're a 100 percent in support of this. Vice Chair Russell: Thankyou, Mr. Winker. How much time do you need for rebuttal? Mr. Lago: Three minutes. Vice Chair Russell: Okay. Mr. Lago: In conclusion. And there's a couple of things I want to state on the record that were incorrect, factually, and legally incorrect in Mr. Winker's presentation. This is not spot zoning. Your staff has reviewed this application and found that it's compatible with the surrounding uses and that it will provide an appropriate transition between the uses to the east and the residential uses to the west. This is called transitional zoning. This is mandated under Miami 21. A super majority of the Planning and Zoning Appeals Board recommended approval of this board -- of this part -- of application so has your competent staff. The uses being proposed under the T4-L zoning are transitional uses which are appropriate for the site as provided in your site plan and in your staff analysis. I also want to state, 1 want to talk a little bit about community outreach. We've been working with the community and with groups and the community for the past three years. You heard many residents and leaders speak earlier today, including Reverend Robinson, who's sitting right there, who negotiated for two years with us in order to have a project. The project that's before you today and the covenant that's before you today. You even heard from Thelma Gibson a Charles Avenue native. I don't think there's anybody that's more of a native of Charles Avenue than her, who received a knock on her door from a developer's representative, okay? So in addition, the land use and rezoning are compatible with the comprehensive plan. He states it isn't. That's incorrect. That is clear in the staff report and is why staff has recommended approval. We wouldn't be here if it were otherwise, if it were not compatible -- or compatible -- and found in compliance with the comprehensive plan, we wouldn't be here today. The applications have been found to comply with traffic concurrent -- concurrency. In fact, all concurrency comply with the comprehensive plan. And as far as traffic, I just want to mention, the City's staff analvsis has concluded that the project will have a minimal impact on traffic. That is in your staff analysis. That is substantial competent evidence. With only 12 peak p.m. hour trips, that's four trips an hour in the evening from the times of 4:30 to 6:00 p.m., sorry, from 4: 00 to 06: 30 p.m. So -- I'm sorry? With that -- yeah, so I just want to thank our client, David Porter, who's here, the great grandson of E.W.F. Stirrup. It's been quite a trying time for a couple -- last week -- last week or two for him and his family. With a lot of miss -- you know, miss -- lies and things and innuendos that have been spread throughout the community. And I want to thank Peter Gardner and the rest of the clients that are here as well, but that concludes my presentation. Thank you. Vice Chair Russell: Thankyou very much. Alright. Is there anyone who was not granted intervenor status that is here that did not get their chance to speak their two minutes? Because I want to make sure that I close public comment appropriately. Alright. Closing public comment. Any discussion on the dais? Is there a motion on this item? This is a motion for PZs 6 and 7, including the amendments of the proffered covenant seconded by the Chair. Commissioner? Commissioner Carollo: That's fine. City of Miami Page 207 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Thank you. Commissioner Watson, is there any further discussion on the dais ? Is the City Attorney's Office and the Clerk clear on the covenant that has been proffered? Mr. Min: Yes, sir. They -- they're recorded at approximately 09: 40 p.m. Vice Chair Russell: Alright. All in favor of the items? Mr. Hannon: Chair. Vice Chair Russell: Yes. It needs to be read on the record. Thank you. It's late. PZ.6 and 7. Please read into the record, Mr. Attorney. Mr. Min: Thank you, Mr. Chairman, PZ.6. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.7. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chair Russell: Thank you. This community is worth fighting for, and it's not too late. I'm in favor of healthy development and the -- the decimated lots on Grand and other streets and empty blighted and the displacement and evictions, it's not too late. But we need redevelopment. We need healthy redevelopment. We need to work together. We can't be fighting forever and ever. Mr. Garcia -Pons, I requested eight months ago, I want to say now, a comprehensive plan called the West Grove Affordable Housing Blueprint, to which the Planning Department was to hire a planning firm and work with the entire community so we're not dealing with creep one -by -one applicant by applicant, but rather a comprehensive look. Where are we? Are we going to have that? Because I don't want to consider more rezonings in the West Grove without a comprehensive plan. Mr. Garcia -Pons: Our consumptive -- our consultant poll should be available next month, and we'll be able to hire from there. Vice Chair Russell: I told you I'm ready to four -fifths an existing contract with somebody that -- that knows this neighborhood that we can work with because this is taking way too long, way too long. I don't have time to waste. Commissioner Watson: Well, I mean, look, Mr. Chair, the truth is this whole revision of the code itself which everybody lauds Elizabeth, about it being so great, it has screwed us up more than anything you can imagine (UNINTELLIGIBLE) arguing architects and everybody else. I'm -- I'm flabbergasted at the juxtaposition of the conversation that we just had on a three-story building and three lots versus what we discussed earlier today. Not with us, just with the processes that exists and yet the Miami 21 revision committee has been extended before it comes back. It gives us more problems than anything. So -- but let's not argument just for the Grove, let's argue for the whole thing to be done and done properly. Vice Chair Russell: Agreed. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes as amended on PZ.6 and 7. Thank you very much. Thank you, everybody. City of Miami Page 208 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Winker: And 1 need just one point of clarification. Mr. Lago: Thank you very much, Chair. Thank you much -- thank you very much, board. Have a good evening. Vice Chair Russell: Alright. Wait. Wait. We need a vote to continue on any of the other items or not. Is there a motion? Commissioner Carollo: Move. Vice Chair Russell: No. No. Is there a motion to continue tonight? Is there a motion to take up any further items? Commissioner Watson: Move -- move. Vice Chair Russell: Okay. There is no -- there is no will of this body. Do you need a vote, Mr. Clerk? Alright. So all of the items I want to clam will get rolled over to the next meeting, not the next like meeting, but the next meeting. Commissioner Carollo: I thought you had a motion. Mr. Winker: And 1 just have one question, as far as procedurally, what's the next step, are we going to see a copy of this covenant? How does this work? Vice Chair Russell: Yes. So once the mayor signs, the zoning has been granted, the covenant will be recorded, and it will be available for everyone to see and review. Mr. Winker: So no check -- no opportunity to negotiate the language? Has the language been finalized on the covenants? Vice Chair Russell: Yes. Yes, it is the language that we discussed this evening that I wanted to make sure that the clerk and the city attorney had captured correctly. They will go back through the recording, and make sure they get every word. Mr. Winker: But the idea is it'll go back to you, draft? Vice Chair Russell: No. This is -- this is exactly the covenant that has been now proffered, is what's been accepted by the City. If there's further issues to -- to deal with. Mr. Vinciguerra: We were just -- we weren't clear, for example, construction being kept on Main Highway was -- wasn't totally clear what was recorded and what wasn't because there's many different things that were said. For example, whether or not construction would be kept on Main Highway or not -- Vice Chair Russell: Got it. Construction traffic was not contemplated in -- in the covenant, but it's something we will address. Mr. Vinciguerra: Okay. Vice Chair Russell: Absolutely. Absolutely. Mr. Vinciguerra: Okay. Was there -- and also whether or not on William, we didn't really discuss what would happen with -- so just a number -- we were hoping we'd be able to work on the development of it. City of Miami Page 209 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: I --1 recognize that. And if you'd like to discuss off -- the meeting is now adjourned. Mr. Vinciguerra: Thank you. Sorry. Vice Chair Russell: But I'm happy to talk with you. Thank you. Mr. Vinciguerra: Thankyou, Commissioner Russell. Thankyou. Mr. Winker: Thanks, everybody. PZ.7 ORDINANCE Second Reading 7232 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN TRANSECT ZONE - RESTRICTED WITH A NEIGHBORHOOD CONSERVATION DISTRICT - 2 ("NCD-2") OVERLAY, TO "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED WITH A NEIGHBORHOOD CONSERVATION DISTRICT - 2 ("NCD-2") OVERLAY, FOR THE PROPERTIES GENERALLY LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14000 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: A motion was made by Commissioner Watson, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Reyes absent, to grant Shirley Gibson Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.7. Note for the Record: A motion was made by Commissioner Watson, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Reyes absent, to grant Courtney Berrien, Jena Saul and Anthony Vinciguerra Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.7. Note for the Record: For minutes referencing Item Number PZ.7, please see "Public Comments for allltem(s)" and Item Number PZ.6. City of Miami Page 210 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PZ.8 ORDINANCE Second Reading 8724 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AMENDING THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" ("MDDRS SAP"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", ATTACHED AND INCORPORATED, THAT PROPOSES TO A) UPDATE THE MDDRS SAP ENTITIES TO REFLECT THE LATEST OWNERSHIP; B) AMEND REGULATIONS ON OUTDOOR DINING AND ART INSTALLATIONS; C) CHANGE THE PERMITTED USES INCLUDED IN ARTICLE 4, TABLE 3; D) MODIFY FACADE REQUIREMENTS ALONG NORTHEAST 38TH STREET; E) ESTABLISH A DENSITY AND INTENSITY TRANSFER PROGRAM; AND F) DESIGNATE GATEWAY SITES AND ESTABLISH REGULATIONS FOR GATEWAY SITES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14001 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo NAYS: Watson ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number PZ.8, please see "Public Comments for all Item(s)." Vice Chair Russell: And it is now 5: 03. So, we can take up PZs (Planning and Zoning) 8 and 9, amendment to the SAP (Special Area Plan), and I believe we have an intervenor here in Mr. Savage. So, this is now second reading for these items. So, rather than rehash everything we've gone through, what I'd like to hear presentations on, and if the intervenor has challenge to, or comments, or questions regarding, or cross-examination, anything new or clarifications that were brought up in the last reading that change what we already know. You are recognized, Mr. Kasdin. Victoria Mendez (City Attorney): Before -- I'm sorry•, Mr. Kasdin. Before we go forward. Chairman, does anybody have any Jennings -- Vice Chair Russell: Jennings disclosures? Ms. Mendez: Yes. Vice Chair Russell: Yes, of course. Anyone -- has anyone been contacted by the applicant, the intervenor, residents on this issue? This is the SAP -- the SAP amendment for Design District. Commissioner Diaz de la Portilla: We disclose -- I'm sorry. Commissioner Watson: Go ahead. No, I'm told that a town hall meeting, that I have to declare that, so I've heard all kind of stuff' City of Miami Page 211 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I disclosed the first time on first reading, and I'll do it again. Vice Chair Russell: That's sufficient. Commissioner Diaz de la Portilla: I spoke to Mr. Robbins but I already disclosed it. Vice Chair Russell: Thank you. I've -- I've had contact with both the applicant. I don't believe I've had contact with Mr. Savage outside of these hearings other than e-mails. Commissioner Diaz de la Portilla: And I also had contact with Mr. Kasdin. Vice Chair Russell: -- And of course, plenty of advocacy from the residents as well, but that does not bias my decision here. Anyone else? Alright. Mr. Kasdin? Ms. Mendez: Thank you. Neisen Kasdin: Mr. Chair, the members of the Commission, Neisen Kasdin, Akerman representing Miami Design District Associates and its affiliate entities. I will try to keep my comments down to about three minutes because as you were properly pointed out, Mr. Chair, we had an extensive presentation of argument and evidence that the first hearing, my presentation was probably over a half an hour and the intervenors was probably an excess of an hour. And so I would only like to make the -- the following few points. Number 1, to reiterate that the Miami Design District has provided approximately $111 million in public benefits to this community, including the installation of public art, the land for the ice -- for ICA (Institute of Contemporary Art), millions of dollars in enhanced street improvements, and maintenance of those improvements. It's an extraordinary contribution to this community. Secondarily, the Design District has provided almost 4, 000 jobs in this community directly and indirectly. And with its future growth and success, it shall provide more jobs and millions more in tax revenue to the City every year. With that said, there were two items which this commission asked us to provide further information and detail on. And so I'd like to enter these two items into the record at this moment. It deals specifically with trip generation from the development on -- in the SAP. And Marissa is going to hand out this specific language, and after discussions with staff, we would like to add to Section 19(d) of the development agreement, the following language: every year, commencing on the first annual review after the effective date, the retail developer party, that's rnv client, shall submit a chip trip generation analysis for the SAP area as part of the annual review, which must be dated within six months of the annual review. In addition, a trip generation analysis for the SAP area will also be required as a part of any new development projects submitted by a SAP permit, which exceeds the existing FLR (Floor Lot Ratio) on that particular development site. In the event the trip generation analysis approaches 80 percent of the capacity of the trip generation provided in the traffic study prepared by Kimley-Horn and Associates dated May 2013, a new traffic study shall be required on a per project basis, in accordance with the requirements for traffic studies as of the effective date of this agreement. The second thing we are distributing as well is the Kimley-Horn trip tracking methodology, which shows the existing trips, based on current construction, versus the number of trips remaining. And there is a significant, significant amount of trips remaining under this methodology and trip tracking. So with that, I think we have addressed the questions that were raised and provided the analysis that you've requested. And we are here to answer any questions. Mr. Robbins, the developer is here, John McWilliams from Kimlev-Horn is here as well. And with that, we rest and thank you, and ask for your approval. City of Miami Page 212 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Thank you very much. Mr. Savage? Paul Savage: Thank you, Mr. Chair, my name is Paul Savage with law offices at 2555 Ponce de Leon Boulevard, Coral Gables, Florida. I'm here representing MacArthur Properties 3. Mr. Chairman, as I signaled this morning, we, and as you just instructed me, we're going to only focus on new material and try to move this along. And I -- and I thank my colleagues on the other side for doing so and I also thank the City's Professional staff for responding to some of my questions. I am going to also hand some things into the record. As a matter of housekeeping, I want to be sure and make sure that all of the prior proceedings and submissions in the PZAB (Planning, Zoning and Appeals Board) and first reading and the entire City file is in the record or into evidence and including those items that Mr. Kasdin has put into the record, as well as the ones I have. And also the -- there was testimony taken this morning during the public hearing, where many residents testified that the 36-story tower will not be in scale and character -- in keeping with the scale and character of the surrounding area. And I'd like to reincorporate and adopt those -- that testimony and those objections on behalf of my client. The new traffic report, or analysis rather, was provided to the City yesterday, and to myself at 8:45 a.m. this morning. And we would reiterate that this proceeding has not been noticed, as required by the Florida Statute governing development agreements, and that we are prejudiced by getting the traffic analysis at 8:45 this morning, which 1 was here at 9 and had it delivered here to the hearing. 1 will note that the applicant did a complete turnaround in terms of their analysis, having told PZAB and this tribunal that it would generate 18 additional trips. And now they've apparently abandoned that methodology and now they're saying there's 1,500 trips remaining, but we still don't know how many trips will be generated by the proposal that's before you. So, I still object for lack of compliance with Chapter 62 and the requirement for an adequate traffic analysis. Vice Chair Russell: Could you -- could you tell me again the notice issue you have you're saying there's a challenge to notice that this wasn't publicly properly noticed? Mr. Savage: Yes, sir. Vice Chair Russell: Which part? Mr. Savage: So -- Vice Chair Russell: Just that traffic analvsis that it was brought to you last night instead of -- Mr. Savage: No, I said -- I said two things. Vice Chair Russell: Two things. Mr. Savage: Okay. So the the City of Miami has a notice requirement. Everything I can tell, that was done perfectly, great. The Florida Statutes in Chapter 162 have a statutory notice requirement for development agreements which are a creature of Florida Statute. Those require, and this was in my first presentation, so I don't want to spend too much time according to your instruction, but in my PowerPoint last time, which is in the record, I say that, you know, there are requirements under the statute like population that will be affected, things like that are required by the statute. Those -- it was just a standard City notice that otherwise is perfectly acceptable. But in the instance of a development agreement or amendment, which is a creature of statute, that is an additional and different notice requirement. So we -- I just want to make sure that I reiterate that objection. And then secondly, and differently, I'm prejudiced by getting the traffic report this morning. City of Miami Page 213 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Got it. Understood and noted. Mr. Savage: So -- and I thank you, Mr. Chairman, for allowing me to -- to have a little housekeeping there. And -- and it is a problem, the traffic, for a rezoning essentially of this magnitude. I think we need an additional -- a continuance and additional study of that issue. Having said that, again, to focus on new items, I'm going to hand out a package of materials that's principally made up of letters that I've sent to your offices, since the first reading. So I'm going to hand that out now. And I'll continue talking while the clerk is taking those in -- hello, testing. Hello, testing. Thank you. So I have a board. 1 don't want to put the board right in front of everyone, so 1 don't know ifI can have it to the side or not. Vice Chair Russell: If can put it up just long enough for us to read it and capture it on camera. Mr. Savage: Okay. Alright. Thank you, gentlemen. I don't mean to put this up right in front of you. So here's a principal argument that I'm here to make today. The -- the governing article that governs SAPs in the City of Miami, says that you have to have nine abutting contiguous acres to have an SAP. Now Mr. Robbins, who has enjoyed success that some of us can only dream about, he doesn't have any problem with 9 acres he has over 20. But they have to be all contiguous and abutting. And if you look at the -- if you look at the Design District, you know, it's essentially a nice big -- in this area here it's a nice big rectangle, if you will. And then it starts to come into this little boot here at the Southeast corner and then it conies down to these two parcels (UNINTELLIGIBLE) -- Vice Chair Russell: Push it up. Mr. Savage: -- and then ultimately it comes down to what we've called the gateway sites. And the gateway sites, I am presenting to you today are not in fact, abutting the rest of the Design District so that it would not be a lawful creation to have the gateway sites as part of the contiguous Design District. And you know at first blush this kind of looks like a lawyer little picky issue, but it's not only just a lawyer issue in the code, but I'm suggesting that it's there to prevent this kind of mischief because what we have is a beautiful Design District that Mr. Robbins deserves every credit for, that -- we -- that, you know, they've showed -- they've showed the beautiful pictures and the art and everything and that's wonderful. But what happens is now we are down here having to redefine these two sites as a whole different kind of animal, calling them the gateway sites, putting in 36 story towers when the Design District is you know mid -- mid -rise retail as a principal use. So it's a technical issue. It's a legal issue, but it's also I can see the public policy behind it. So -- Vice Chair Russell: So before you move forward then because this was brought up during public comment by several people, and I asked the Planning Director to be prepared to address this issue. But my question to you is whether or not you're challenging this amendment or you're challenging the original SAP when it included - - the amendment that included these parcels? Because that -- that's just -- if I'm not mistaken, that is established in our code already, correct? Which is it your challenging? Mr. Savage: So I'm challenging this amendment, that's what we're here on. And I heard your question today to the, you know, during the public comment, and I thought it was an interesting question. And I think that if the fact pattern were a little different, that number -- a couple other additional facts. If we were up on the north end doing something there and, there was already a $100 million building on one of these sites, I think that Mr. Kasdin's firm, who is made up of brilliant lawyers, would come in and City of Miami Page 214 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 say, hold on, sir, we have a $100 million building on that site. We have vested rights, et cetera. You can't challenge that now. And this amendment doesn't have anything to do with that issue. But 1 think my answer to that is excuse me, the whole reason of this amendment is to define the gateway sites. All of this public attention and all of my work and everybody. It's all about these gateway sites and this 36-story tower, et cetera. So the -- the gateway sites are being specifically defined in this amendment. So there's a very strong nexus to the gateway sites and their legality in the -- as being included in the SAP. So I'm -- to answer your question, I am challenging this amendment. We should not include them. We should not specially define them, and it's void. It's a void ab initio illegality. Vice Chair Russell: But you're not saying that this amendment alone is void, you're saying the SAP should be void for these properties. That they shouldn't even be in the SAP? Is that -- is that what you're saying? Mr. Savage: I'm saving Number 1, they shouldn't be in the SAP as you're saying, and Number 2, that we should not do this amendment that gives those sites all these extra rights because they should not be in the SAP. Vice Chair Russell: Okay. I'd like to pause your presentation for the moment. Mr. Savage: Yes, sir. Vice Chair Russell: And address the Planning Director. Commissioner Watson: Mr. Chairman -- Vice Chair Russell: Yes, Commissioner. Commissioner Watson: -- let me -- let me also speak to something then come back to this right quick. Because there was something about this morning that bothered me -- there was something about this morning that bothered me in reference to illegality because I don't think any of us up here doing this intentionally. But also want to say that sometimes our lot is to deal with things as I said, that were past, things that are present as we look to what the future outcomes might be. So let me -- let me speak to what I think I'm looking at. What I reviewed and, by all means, I'm just looking at the documentation and how things flow. At the end of day, I fincl it ironic that you got assailed this morning, your character got assailed, and everything else. And yet we're talking about someone who's playing both sides of this -- playing on both sides of this argument, as a developer in one hand he did something great and on the other hand he's doing something horrible. I will say this, and it is in our records, and we must follow those records, and that's what's being spoken to now. In our articles in SAP, and SAP has been a vilified argument. I contend that people who dealt with Miami 21 probably should be tied, but that's a whole `nother issue. We're getting ready to get amendment or revision on that. So as we look to what's in our articles in the SAP, which is purely a planning tool, it's probably not looked at in legal terms as planning is looking at it for planning perspective. So therefore, it's an excess of nine acres. However, not a technicality. It's not illegal. This has to be corrected and spoken to for another day. If in fact -- if in fact there's going to be a discussion on the SAP for the purposes of this act, the person whose private property, who you jump over, has to be a joint applicant in this application. If they're not, then you cannot take the benefits of the SAP. And if I read correctly, and I don't want Mr. Kasdin to cause Mr. Robbins to have to pay more money. If you look in the application, the FEC (Florida East Coast Railroad), which is a private owner, is not a part of this application. And so from that basis alone, right, you cannot do that act because then we'll cause more illegalities or more legal issues going forward because it's pretty clear, okay? Unless the property - - private property owner, okay, is a joint applicant, then we can't hear or rule on City of Miami Page 215 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 additional benefits under the -- under the construct of the SAP legislation. Vice Chair Russell: Thank you. And you may be correct. And that's why I'm looking for clarification from perhaps Planning and/or Zoning and/or Legal. So who would like to address this from the Administration? Cesar Garcia -Pons (Director, Planning): Yes, sir. Thank you, Commissioner. Vice Chair Russell: Go ahead. And so there's two questions. It's about whether or not the previous amendment to the SAP that brought these properties into it. 1'd like to know when that happened and if this was addressed at that time, and if it is legal to have put them in at that time or correct within our code, I guess is the right word to use. And then if, based on that, what we're dealing with today, both the accusation of the public comment and the intervenor that if that was incorrect then this is incorrect, which I understand Commissioner Watson saying. Mr. Garcia -Pons: Yes, sir. We did hear about this yesterday. And I discussed it with the -- my colleagues at the City Attorneys' Office and the Zoning Administrator. And the Zoning Administrator is going to be able to answer those questions for you. Vice Chair Russell: Good afternoon, Mr. Goldberg. Daniel Goldberg: Thank you. Good afternoon. Daniel Goldberg, Zoning Administrator. Through the two-part analysis, Section 3.9.1 of the code says you need to have nine abutting acres to apply for an SAP, which is done by a process of rezoning. That was done, 1 believe, nearly a decade ago. So these -- these properties are within the SAP already. Having said that, it does abut. What that visual is not showing you is that 39th Street crosses the Florida East Coast Railroad tracks. Abutting, under our code means to touch or join the boundary, but it also means to cross a street or alley. If you were to take the northern of the two so-called gateway sites and project the block bound -- the lot lines outwards, it would eventually touch that property at the south of 39th Street and west of the FEC corridor. So in my view, it is abutting. And this was verified by checking the municipal atlas sheets in Public Works to see where the lot lines were. That said, even if that were incorrect, this prerequisite of requiring nine abutting acres to apply for an SAP is already -- it's already occurred. They're already part of the SAP. Vice Chair Russell: So they had nine acres west of the tracks to start with. So that's not in dispute whether they can apply for an SAP. The question is whether or not these parcels should have been part of that application. Do you know when -- were these -- were these parcels added in or were they in the original SAP application? Mr. Goldberg: I believe they're in the original. I'd have to defer to Planning. Vice Chair Russell: Mr. Kasdin. Mr. Kasdin: Iflmay, Mr. Chair. Mr. Garcia -Pons: They were part of the original. Mr. Kasdin: They were part of the original application. They've always been part of it. And to just further emphasized the point that was raised by Mr. Goldberg, this was included in the original development agreement and SAP boundaries, which was adopted by ordinance at two public hearings ten years ago. Vice Chair Russell: Were you the -- were you the -- City of Miami Page 216 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Kasdin: 1 happen to have been the -- yes. Vice Chair Russell: -- representative at that time? Mr. Kasdin: I was the representative at the time. So it has the force of the law of the city because it's a development agreement and it's already provided for, and it was adopted by ordinance. Vice Chair Russell: And do you recall if this issue was brought up at that time whether these two parcels abutted or did not abut because of the FECI [sic] property? Mr. Kasdin: The issue was not brought up at that time. And 1 would also point out that the City has consistently treated rights -- transit rights of way that beset properties is not breaking up contiguity. But as Mr. Goldberg says, you don't even have to go there because if he had a complaint about this, he should've raised it ten years ago at the time of the adoption of the SAP and the development agreement. It's now an ordinance of the City. And so he's challenging an ordinance that was adopted ten years ago, and so that is improper. And so for those reasons -- for those reasons alone -- the other thing is, we're not seeking any change in the boundaries of the SAP whatsoever to include this property or add in any other property. Those are the same boundaries that were adopted ten years ago with minor modifications a few -- a few years after that. And it is already in the development agreement, which we're entitled to rely on under law. And it is -- was adopted by ordinance, so it's the law of this city. Thank you. Vice Chair Russell: Thank you for that opinion. Now, Mr. Goldberg, so you're not saying that the railroad is a transit right-of-way which would not bifurcate abutting properties. You're saying there is a -- there's an attachment through 39 Street that creates an abutting situation. Is that what you're saying? Mr. Goldberg: Correct. Because if you were to project the lot lines of the northern of those two parcels, the half-moon shaped parcel, it would project in a southwesterly pattern across 39th Street, which the code says abutting includes across the street, and it would touch that across the tracks. So I don't even have to have to get into that analysis to the FEC. If 39th Street weren't, there, it might require a little more analysis, but 39th Street's there. It crosses. It abuts. And like I said, even if it did not abut, that prerequisite of nine of butting acres is only when you apply for an SAP, which was done a decade ago and is finalized. Vice Chair Russell: Got it. So Commissioner Watson, what are your thoughts on that based on what's been stated by the -- by the Zoning Administrator as well as the applicant? Commissioner Watson: Well, my thoughts on that -- my thoughts on that are pretty simple. And there is a correct way to do things and incorrect. And I think sometimes we have to now shoulder the burden. Vice Chair Russell: So -- Commissioner Watson: Shoulder the burden of more bad decisions than not. And so to say that you have abutting properties by saying a street comes through somebody's private property, I think that's an incorrect characterization of what you're looking at, and an incorrect characterization of our law. So I'm not challenging the SAP. I'm just saying at some point it will be. And so, you know, that's -- we can decide in accordance. City of Miami Page 217 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: That's actually a really good point. Because if what was decided ten years ago is by someone's challenge invalid, that's not our -- that's not the issue before us today, right? We -- we're working on an established SAP. Commissioner Watson: Right. Vice Chair Russell: Not an addition to an SAP crossing any boundary, but it was interpreted back then that it did not cross -- that it was abutting. For whatever reason, the commission at that point, ten years ago, decided this was part of the SAP. So we find it that way as well. Unless I'm misinterpreting what Commissioner Watson says. Mr. Goldberg: That's correct. It's part of the SAP and it has been since the SAP was originally adopted. Vice Chair Russell: It's an interesting interpretation that's been brought up. I noticed in our zoning map in our GIS (Geographical Information Systems) map, the FECI [sic] is listed as a property. It's not listed as a right-of-way or a transit. Commissioner Watson: Right. Vice Chair Russell: But on some roads that cross it like I-195, it bifurcates their property, and just shows the right-of-way. When you click on it, it only says this is right-of-way, but on some streets it does not. So where a right-of-way -- a public right-of-way goes through a public property, say as FEC -- FECI [sic], what is the zoning interpretation of that space of land? Is it ours, is it theirs, is it right-of-way? Mr. Goldberg: Well, if -- where you have a street that crosses -- where you have -- I'll leave the expressways out of this. They're a little bit different. They're -- they're owned in fee by usually FDOT (Federal Department of Transportation) or MDX (Miami - Dade Expressway Authority). But as far as a dedicated street, your usual city or county road, local access street, our code says that you abut when you cross the street. So that's -- that's really what it is. If there were not a street there, the analysis may be different. That would really take some more thought. But abutting is across a street or alley. And because there's a street there, it makes the analysis a little -- a little simpler. Vice Chair Russell: Alright. I'm comfortable -- comfortable personally with the zoning -- Zoning Administrator's interpretation that what we're looking at is settled law, if you will, from the decision of the previous commission and his interpretation today, that it is abutting by way of 39th Street, which allows us to go forward with at least an analysis beyond this on the rest of our decision -making. If someone else has a challenge as to whether or not the original SAP ten years ago was legal or not, I don't know what the statute of limitations is on that. But that's not before us here today. So this is the interpretation I've been waiting to hear, and I appreciate your analysis on that. Mr. Savage: Excuse me. Well, I mean -- Vice Chair Russell: Who's speaking? I apologize. Mr. Savage: I'm sorry. Paul Savage is speaking, but I think Craig Robbins wants to speak. And I just, you know, I don't mind, but I don't do it to you guys so -- Vice Chair Russell: So, well, I was just about to revert to you as you've now heard their interpretation. Mr. Kasdin has represented his interpretation. Todd B. Hannon (City Clerk): Chair. City of Miami Page 218 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Let me -- let me just hear from -- this is his time at the moment. But if you'd like to take the other lectern, I'll recognize you in just a moment, Mr. Robbins. Go ahead. Mr. Savage: Thank you, Mr. Chairman and Mr. Robbins and staff. My response to those remarks is that the FEC rail -- rail line is private property. It's held by a private owner. It's not a street and it's not an alley under the Miami 21 code definitions. As the Commissioner Watson mentioned, that if you want to include that in -- in this SAP, it is -- it is a privately held entity -- privately held property, then it should be in the development agreement. It should be on the list of -- all of the property owners that are applying, and it's not on there. So I will maintain that if it was a mistake before, it's still a mistake, and that it is a private property. And that -- and the one -- the particular analytical issue I had with the Director of Zoning is the idea that, well, the nine acres is just a prerequisite to get in the door and make the application. It does not have to be abutting. I think we all know that that's -- that's not the case. Vice Chair Russell: I don't think he said that. I think he said that nine acres was established to the application, but that doesn't mean you can go beyond abutting. I don't believe he said that. Mr. Savage: Okay. Well, 1 thinkl heard him say that, but in any event, maybe we're agreeing that he's not saying that. But, yeah, I don't think it's just --1 mean, it is an application prerequisite. Vice Chair Russell: Yeah. Mr. Savage: But it's -- the SAP has to be abutting and contiguous because if you -- again, if you look at the intent in the language, it talks about a master plan community, you know, all those things that go into the creation of an SAP. So the abutting is important. And again, we're not right across the main -- the main chunk or the main triangle -- I'm sorry, rectangle, we're kind of mission creeping on these two lots only, then we're coming across to the Tuttle sites and I think it's a mission creep, if you will, that is not contemplated by the code and is not lawful under my arguments. Vice Chair Russell: It's noted. Thank you. Mr. Robbins you can respond. Craig Robbins: I don't want to take a lot of your time. I just wanted to add that we have relied on this ordinance and this law for ten years. We have invested extensively in reliance on that. And we have a contract, we have a development agreement with the City that supports it. Not that I'm disagreeing with anything that you're saying, but I just wanted to put on the record that -- and in ten years nobody has ever questioned this while we have acted and relied upon it. Thank you. Vice Chair Russell: Thank you. Have you -- you have more to present, I'm sure, because we interrupted your presentation to clarify this question. Mr. Savage: Yes. And I will maintain my promise to you to move this along and only go to new things. So I just have a few more things that are different than this subject. Vice Chair Russell: Okay. Mr. Savage: So if we're done with that subject, I thank you again, Mr. Chair, and I thank the staff. I do have just a few more questions and then I will be done. I would -- I have been in communication with the Director of Planning, and I would like to ask him a few questions in a very friendly and respectful way and a very quick way. And if I'm allowed to do that now, I'd like to -- for him to -- to please be sworn, and I'll ask City of Miami Page 219 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 him a few questions. Mr. Kasdin: Mr. Chair, he hasn't -- the Planning Director has not put any testimony on the record this evening. So, I don't know what there is to question him about. Vice Chair Russell: Thank you. Mr. Savage: I can -- I can tell -- Vice Chair Russell: I just want to ask the Clerk. Mr. Savage: Yes. Vice Chair Russell: Does the Planning Director need to be sworn in? Nicole Ewan (Assistant City Clerk): I would defer to Mr. City Attorney. Vice Chair Russell: Alright. Barnaby Min (Deputy City Attorney): Yes. Ms. Ewan: Okay. Mr. Planning Director, can you please raise your right hand? The Assistant City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Garcia -Pons: I do. Ms. Ewan: Thank you, sir. Vice Chair Russell: Thank you. Mr. Savage: Okay. Thank you. And I'll -- and I'll say it to the -- to you again and to Mr. Kasdin, this is only a few questions about things after second -- after first reading only, okay? Vice Chair Russell: Okay. Mr. Savage: Alright. Vice Chair Russell: If you could direct through the Chair, though, and we'll -- we'll manage it that way, please. Mr. Savage: Direct -- Vice Chair Russell: Yes. Let me know what you'd like to ask the Planning Director. Mr. Savage: You'd like me to direct my questions to vou? Vice Chair Russell: Yes. For the Planning Director, yes. Mr. Savage: Alright, sir, I will do that. And that gives me a beautiful segway because my question is about the question that you put to the staff which was -- it came -- it came to be revealed that there -- that there is a, what I call a height variance. I know that you may disagree, but I call an improper height variance on the Tuttle South sites, the 36-story tower. And it came to light that if this were somewhere else and a regular developer, they would have to pay into the public benefit trust. for multiple City of Miami Page 220 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 millions of dollars to go from T-12, which is as of right and then a normal developer can pay from -- from -- I think I'm allowed to take this -- Vice Chair Russell: You are. Mr. Savage: Okay. Thank you. Praise the Lord. Okay. So you can go from T-12, you can pay to T-20. And it's very expensive, but you can do it as of right. And now we're going to go up to T-36. So you asked the Planning Director after first reading and I'm paraphrasing, Mr. Chairman, oh, wow, I didn't hear about this -- Mr. Kasdin: Mr. Chair, I object. Vice Chair Russell: Just a moment, Mr. Kasdin, let him finish his sentence. Mr. Savage: I'm paraphrasing your question to the staff This is news to me that they're getting this valuable bonus without paying for it. Vice Chair Russell: You're speaking about in the last meeting on the last question. Mr. Savage: Yes, sir. Yes. And you asked the Planning Director, please go back and calculate because his answer was it's around $3 or $4 million, but I'll have to go double-check. Vice Chair Russell: Okay. Mr. Savage: So -- Vice Chair Russell: You'd like to know what that the analysis -- Mr. Savage: I would like to know. And I want -- and I just want to make this distinction, it's not just from the 20 to the 36. Remember, a normal person would have to pay from 12 to 20 to 36. So I got into a little -- you know, I just want to make sure that you understand the question. In other words, what all are they getting that other people would have to pay for, which is from 12 to 20 to 36, not just from the 20. It's 24 additional stories. Vice Chair Russell: Understood, your questions, Mr. Kasdin, you are recognized? Mr. Kasdin: Mr. Chair, with due respect, he's repeating the same arguments that he made at length at the last hearing on this. The only thing new that he has brought up, which he addressed already, was the attempt to say it's not contiguous. But other than that, this is a rehash of those -- of all the other arguments. Vice Chair Russell: So let me refresh my memory, Mr. Director, did we resolve that issue that was brought up at the last, because it was brought up in the last, but was it resolved with regard to the potential financial impact of any additional height? Mr. Garcia -Pons: Yes, sir. We said at the last meeting that on the Tuttle site that the bonus that would be achieved in that building would be via the City's bonus plan. So from 12 to 20 they would go via bonus and from 20 to 36, if allowed, they would go via bonus. Vice Chair Russell: And did you calculate the value of that bonus? Mr. Garcia -Pons: I did, and as I mentioned last time, the value of that bonus is not a real number, it is a -- it's one of many potential alternatives to get that. I'm giving you one value that could be then -- it could be met in many, many different ways. The one City of Miami Page 221 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 that -- the value of that I'm giving you is based on the fee associated, per square foot in that area. Vice Chair Russell: Uh-huh. Mr. Garcia -Pons: But it doesn't have to be this way. It could be done many ways. And the -- we're giving you the maximum number. We took the maximum floor plate available which we do not know if they're going to build, and we're giving you the maximum number -- the maximum fee for that area, which we don't know if they're going to go by. So this is -- Vice Chair Russell: And that value is calculated by square foot or by height? Mr. Garcia -Pons: So when you hit into the bonus, you pay for -- you need to -- you require a bonus for height and or square feet. Vice Chair Russell: Okay. Mr. Garcia -Pons: They have the square feet. They don't need it. If they want the height, it does trigger bonus. So we charge them by square foot. Vice Chair Russell: And is that contemplated in this amendment? Mr. Garcia -Pons: It is existing in the -- on Page F71. It shows that that's exactly how it would be via bonus height. Vice Chair Russell: So what value would that be if they were to max out the potential granted within this amendment? Mr. Garcia -Pons: So the number that we did, and again the calculation was based on a maximum floor plate. What we have here thatl calculated of -- was for 16 stories, it would be 240,000 square feet. That's just the -- Vice Chair Russell: The additional -- Mr. Garcia -Pons: -- additional. Vice Chair Russell: Additional 16 -- how much? 200 -- Mr. Garcia -Pons: At 240,000 square feet. Vice Chair Russell: Okay. Mr. Garcia -Pons: At $10 and $81 -- $10.81, a square foot could possibly yield $2.5 million. Vice Chair Russell: Okay. And what would trigger that payment if it's already listed in the amendment? When they put in for permit and develop, that's when it would be paid? Mr. Garcia -Pons: Just like any other project. Vice Chair Russell: Okay. So there is no space where they are circumventing that bonus situation in this SAP amendment; is that correct? Mr. Garcia -Pons: Not if they went to achieve the height. City of Miami Page 222 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Okay. So Pin not understanding Mr. Savage where you feel they're getting around it. Mr. Savage: Okay. So please clarify because I was at the first hearing, this issue came to light whatever the exact millions of dollars number is. Mr. Robbins got up and said, please recognize all the wonderful valuable things that we've done in this area and please do not impose that on us. We would like to get that for free, please. That's what the testimony was at the last hearing. So I would like for you to triple -check with your staff. They -- if they -- you pass this, they don't have to pay this. Vice Chair Russell: Let's go to that section together, Mr. Director, where did you say it's referenced? Mr. Kasdin: Mr. Chair, if1 may? Vice Chair Russell: Yes. Mr. Kasdin: Just to be -- to clarify, we asked -- we are not paying for the additional bonus tied on the Tuttle property if it is utilized. Vice Chair Russell: You are? Or you are not? Mr. Kasdin: We are not. And the case that we made is very simple. In addition to the $111 million in public benefits already delivered, there were additional public benefits which are being delivered, which were presented to you and are in your materials as well. On the Tuttle site, which includes a minimum 10,000 square foot public plaza, includes public park. It includes -- it's very expensive upgrading because the streetscape, lighting, landscaping, similar to the other Design District ones. And so the overall value is being attained by all of the public benefits. And I would also point out, and people kind of lose sight of sort of what an SAP is about. One of the principles of SAP is in Miami 21 code is to promote variety of design and within a larger property. And so all of you are familiar with the Design District. Most of the Design District is two-story retail stores and public plazas and art. And so while there are the two-story retail stores that some of the development would be allowed to be a little higher than the height that's otherwise allowed, which is the 36 stories. So you can't look at one site in isolation. The reason for an SAP is to look at it in total, provide some flexibility. You get enormous public benefits and significantly less development in some portions and then -- and you get a magnificent project. Craig, it looks like you want to talk. Mr. Robbins: Sorry. I just wanted to add. And I know we've been through this, but just for clarity. Normally when people add height and they're getting bonuses, they're getting extra square footage. In our case, unlike any project that I know of that has ever come before this commission, we are asking to build less than we can, as a matter of right in Miami 21. We might be putting more square footage in one place than another, but in the total SAP we're waiving our entire right to bonuses. So that would be one reason for you to say, maybe this developer, unlike some others, shouldn't be paying. Because they're not getting anything extra. Secondly, as you know, we have invested a fortune in public bonuses. But to the extent this commission is uncomfortable in any way, despite everything that Nelsen has told you we're doing for public benefits on this site, I have no problem with you saying we have to put whatever we get actually, whatever the real calculation is, in additional cash and public benefits in this site. Because we'll do beautiful art. We'll do great things. We'll end up doing the public infrastructure anyway, which is what we've done. And we all know there's like something that sort of gets swept under the rug here. We've built every street. We've done every piece of infrastructure. We've planted every tree. We've put every piece of art, and we paid for every single parking space in this City of Miami Page 223 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 neighborhood which serves the entire neighborhood. We're in a unique situation, but I don't want you to feel uncomfortable. So if you feel that extra burden should be put on us, just allow us to invest it in additional public benefits within the site and we will be very happy with that. Thank you. Vice Chair Russell: Thank you for the comments. Mr. Director, so we're looking for clarification on what the code requires with regard to that bonus. Mr. Garcia -Pons: Yes, sir. And Mr. Kasdin is correct, on Page F22, Section 3.14, there's a section of benefits -- the public benefits in the Miami Design District. Vice Chair Russell: Help me on the item, this is number 8 or 9? Mr. Garcia -Pons: Item Number 8. Vice Chair Russell: And I'm looking at the digital link versions so which -- Mr. Garcia -Pons: It's on page 2091. Vice Chair Russell: Which exhibit or -- Mr. Garcia -Pons: Exhibit A. Vice Chair Russell: Regulating plan? Mr. Garcia -Pons: Yes, sir. Page F, as in Frank, dot 22. Vice Chair Russell: Okay. Mr. Garcia -Pons: So the Section 3.14 talks about the public benefits. And as they present -- as the applicant presented at the last meeting, they listed the public benefits that they have provided as part of the SAP, which is now included in the regulating plan. And 3.14.2 explicitly says the bonus that I had mentioned previously that I said there many ways to get to the bonus. In this particular language, it says that Tuttle South is eligible for the bonus height because of the bonus as listed above, which is all of the bonus elements that was presented at the last meeting. Vice Chair Russell: Mr. Robbins is requesting that if there is a financial package required based around those bonuses, that it be spent within the Design District, is that one of the ways that those bonuses can be spent? Mr. Garcia -Pons: So again, currently, as written, they don't need to spend that money. That money is something that I mentioned would be the value of that if done separately. The way that the ordinances -- the regulating plan is written now is they have already paid for that bonus via all of the public benefits that they've been providing over the past ten years. Vice Chair Russell: Okay. So you believe Mr. Kasdin interpretation of the value of that bonus having already been paid by the subsequent issues -- Mr. Garcia -Pons: That's what -- Vice Chair Russell: -- takes care of the bonus height that they're requesting? Mr. Garcia -Pons: That's what this regulating plan says. Vice Chair Russell: The existing or the amendment? City of Miami Page 224 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Garcia -Pons: Amended. Vice Chair Russell: Okay. Alright. Commissioners, are you clear on that? Alright. Because we are going through these issues one at a time, whether it's abutting versus non -abutting, whether there's bonus due or not due and we're going through that. So I just want to make sure everyone's comfortable moving forward. Mr. Savage, what else do you got? Mr. Savage: Right. So 1 just -- before we leave that question, 1 mean, it's very interesting to say, well, give us a free bonus. And then you say, well, what does the code say about that? And you're citing the code that's this amendment that gives them the free bonus. So, you know, they basically -- every other carrot and stick piece of legislation I've ever seen in my life says, if you historically designate, then you can do A, B, C. Or if you give us a park, then you can do A, B, C. This legislation is the first one in my career that says, you're a wonderful person, you've done fabulous things already in the past. We recognize that, we recognize the public art you've already done already and -- and the City is not getting anything new. They're just saying, oh, you did great stuff in the past so we're going to give you this incredible value now. And it's a very odd way to legislate because typically you say, please historically designate you'll get, you know, one of these bonuses or whatever. So listen, under the regular code, this would cost millions of dollars. And if you enact this amendment, they're going to get out of it and that's the state of the papers right now. That's what I'm saying. Vice Chair Russell: So you wouldn't say they left something on the table by restricting their height on the rest of the property? Meaning of all the additional things that they've contributed to the area that would normally be involved in earning a bonus, they did so without earning height at that time. They didn't ask for additional height. They, in fact, capped themselves at the lower height on the rest of the property, you don't think they left something on the table in the balance of things? Mr. Savage: Well, I'm saying that when you get the SAP on day one, when you get an amendment in 2013, when you get an amendment in 2016, when you expand and contract and the world changes, you come to the City and hopefully the City representatives negotiate on behalf of the public and say, okay, sir, that's great, what are you going to give us? What are we going to give you, et cetera? And typically you horse -trade, you get value. For example, if you want this height, I want you to pay millions of dollars into the public trust for affordable housing. That's the normal -- that's how you do this normally. In this situation, it's saying, oh, you've already accomplished all these things which he probably used to get the entitlements previously. Mr. Kasdin: No. Mr. Savage: And then -- and now you're saying, oh, you've done all these things already, here's a bonus. Mr. Kasdin: Mr. Chair -- Vice Chair Russell: Just a moment. Mr. Kasdin, you can go ahead. Mr. Kasdin: Yeah. This is -- look, he's again rehashing his arguments, but I think also I have to point out that he's grossly mischaracterizing this issue. Vice Chair Russell: Mischaracterizing what? City of Miami Page 225 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Kasdin: Can 1 take this off. Vice Chair Russell: You may. Mr. Kasdin: Okay. He is grossly mischaracterizing this issue. The $111 million in public benefits already delivered were not part of the prior SAP other than the landscaping and lighting and street improvements. The donation of land for ICA was not part of the SAP. The creation of the multi -million -dollar art garage walls at the Museum Garage and the City View Garage were not requirements of the RA [sic] -- SAP. The public art that Craig has put throughout the Design District property was not part of the SAP, inducing the De la Cruz's to locate their museum in the Design District was not part of the SAP. So fair is fair. He is trying to isolate one property and one project without taking into account the whole purpose of an SAP, which is to create a community, to create a neighborhood, which has low-rise buildings, mostly low-rise buildings, some higher -rise buildings, some mid -rise buildings as well. And in addition to that, we do have specific public benefits related to the Tuttle property that we're also providing. The 10, 000 feet of public open space, the guarantee of a public art, the enhanced streetscape, lighting, landscaping, the sidewalks. All of this in -- are additional public benefits as well. And then let's also not forget, Mr. Savage is talking about this like it's in a vacuum. You've all seen the Design District and been there. It's one of the most magnificent features of our community. And not only is it a tremendous investment, but it also has created, based on the report that we provided you before, and you can see with your own eyes, probably 4,000 jobs directly and indirectly. This is a gift to the community, and it is offensive for Mr. Savage to try to characterize it in the way that he's characterizing it. In addition to the fact that he's repeating the same arguments that he made last time. Vice Chair Russell: In fairness, I'm seeking clarification. So -- and he's made a point so I'm trying to understand from my director whether that point has merit or not and it has precedent or not, Mr. -- Mr. Kasdin: But it is also, ifI may -- Vice Chair Russell: Yeah. Mr. Kasdin: -- Mr. Chair, and I'll turn -- I know you want an answer from the director. This is part of the overall planning give and take with respect to an SAP. You did the same thing with Brickell City Center, where they had done certain public improvements that were used in consideration for additional height for some of their buildings and that project turned out pretty well. Vice Chair Russell: So I was going to ask you about that actually. And what the -- I wanted to ask what the difference is here, because in that case, the Planning Director opined that the additional height they were earning on that -- the last amendment that we did was worth about a million dollars, and they agreed then to put an additional million dollars into affordable housing in that case, we did Home Rehab and Habitat. Mr. Kasdin: In this instance, Mr. Chair, the benefits that are being provided, the additional ones, as well as the cumulative ones, are a number and a size that -- Vice Chair Russell: Didn't Brickell City Center also have a list of previous and existing benefits that -- Mr. Kasdin: Yes. Vice Chair Russell: -- they're providing? City of Miami Page 226 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Kasdin: Yes. But -- Vice Chair Russell: So what's the difference on the bonus? Mr. Kasdin: Well, I think here -- there are a few things. You're looking there at a total build -out of Brickell City Center of 8 million or so square feet or more whereas this is about 3 million. You're looking at a total investment in public benefits of a $111 million. Having calculated the Brickell City Center ones, they are substantial, butt don't think they reach this level. So I think you have to look at the whole picture of what's been given. Vice Chair Russell: Got it. I'm just trying to do an apples -to -apples comparison because in that case, they did pay an additional amount for the bonus they would not have otherwise received on a normal zoning increase. Mr. Kasdin: On that last -- right. On that last -- Commissioner Carollo: Chair, can I -- Vice Chair Russell: Yes. Commissioner Carollo: Can 1 ask him a question? Vice Chair Russell: Of course. Commissioner Carollo: Neisen, this is unrelated to this project, but since you've brought up Brickell Center, what was there -- since I wasn't here at the time, was there a commitment for a fire station at the time or am I -- Mr. Kasdin: There -- yes. There was a -- I forgot exactly how it was characterised, but there is something in terms of supporting the creation of a fire station. Commissioner Carollo: Okay. I know you've got an office there somewhere, but have you seen a fire station anywhere around there lately? Mr. Kasdin: You know, Commissioner, I -- I'm not familiar enough with the facts. I believe that they -- their obligation is -- they've fulfilled their obligation or are ready to fulfill their obligation wherever it is, butt can't answer it specifically. Vice Chair Russell: There is a holdup, Commissioner Carollo, and Mr. Crowley from your office is working with the administration -- Mr. Kasdin: Right. Vice Chair Russell: -- on whatever that holdup is, that's keeping that fire station from being built. Commissioner Carollo: Let me see if I could help everybody by you know, I start working with the administration too. Mr. Manager, in your briefing with me tomorrow, can you bring me information on this subject and, Madam City Attorney, can you help him out also? If you can get something in my hands so that I can read it over the long holiday, where I'll be working, because that area there is very, very congested, and it was my kid brother that 1 understood worked on that, and he did right. We needed afire station there, and I want to see what the holdup is to see ifI could help or encourage someone to do what needs to be done so we can get a lire station there. City of Miami Page 227 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: I -- yes. And 1-- and my office has been working on that with Mr. Crowley from your office and the administration. We know exactly what that holdup is. Commissioner Carollo: Okay, well. Vice Chair Russell: It's a permitting issue. Commissioner Carollo: Unfortunately, you and I can't discuss that -- Vice Chair Russell: Correct. Commissioner Carollo: -- but they can with me. Vice Chair Russell: Yes. Commissioner Carollo: So, I'm sorry, Neisen, I didn't want to get you off track here. You're doing good so far. Mr. Kasdin: Okay. Commissioner Carollo: 1 think -- Vice Chair Russell: Okay. Mr. Kasdin: Less said better. Commissioner Carollo: Okay. Vice Chair Russell: Ms. -- Mr. Garcia -Pons, so the benefits? Mr. Garcia -Pons: Yes. And to finish the thought, 3.14.3 lists the specific benefits that Mr. Kasdin just mentioned that would be required in order for the Tuttle site South to get to the 36 stories. So if you look at, again, 3.14.3 which is Page F22 and 23 of the regulating plan, it has the six specific requirements that they would have to achieve in order to receive the benefit. Vice Chair Russell: And can you list those for me? Mr. Garcia -Pons: Sure. Number 1 is the Planning Director shall make a determination that the project on the gateway site is of exceptional architectural merit, which Applicant may appeal to the PZAB within 15 business days of determination by filing with a notice of the Office of Hearing Boards. Number 2, the applicant shall create 10,000 square feet of civic space within the gateway site, which shall be publicly accessible. Number 3, the applicant shall fund and place artwork in the dedicated civic or open space within the gateway site, which shall be publicly accessible. Number 4, the applicant agrees to comply with the following design elements in Section 5.6.4(D) and (I), respectively, of the regulating plan. Number one of -- the first of those jbr any above or below ground parking structures located at the intersection of two thoroughfares, a retail liner, shall be provided for a minimum of 50 feet in order to complement the surrounding architecture. The second of those items, above -ground parking may extend into the second layer above a first floor liner with decorative facade treatment matching the liner facade below or at an art or green wall. Underground parking mixed in above the grade into the first floor liner, if the building facade is designed to meet the sidewalk in such a manner that fully obscures the parking area. Number 5, the applicant agrees to meet with representatives of the Bay Point Property Owners and Buena Vista East Historic City of Miami Page 228 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Neighborhood Association not less than 15 days in advance of submitting any redevelopment plans -- site plans for the gateway site to the City of Miami. And Number 6, the applicant shall construct and maintain enhanced street right-of-way improvements, including lighting, landscaping, and other nonstandard improvements in the right-of-way immediately fronting the gateway site, consistent with other nonstandard improvements throughout the district. Vice Chair Russell: Got it. And are these new requirements in order to earn the bonus or is this giving them credit for previous? Mr. Garcia -Pons: These are new requirements. Mr. Kasdin: New. Vice Chair Russell: Okay. Thank you. Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: Mr. Savage. Mr. Savage: Thank you very much. The -- I will note that the 10,000 -- that this height bonus, if calculated from either the 20 or the 12 story, will be worth millions of dollars, and the 10,000 square feet, if you don't -- in under the regular code, and you can confirm this with staff would be over 100,000 square feet, that level of entitlement to get the height bonus if you were giving civic space and if this were you know a regular site somewhere else. So 'just wanted to point that out. Vice Chair Russell: Mr. Garcia, could you address the difference -- are you familiar with the previous Brickell City Center amendment, the last amendment of the Brickell City Center? Mr. Garcia -Pons: I am not, sir. Commissioner Carollo: The one that hasn't built our fire station yet? Vice Chair Russell: Yes. Mr. Garcia -Pons: No sir. Vice Chair Russell: But it also -- it also yielded after this hearing of -- of their amendment, an additional million dollars to the affordable housing. Commissioner Watson: Which -- which really that we're even having this discussion is crazy because they got -- they get a whole lot of them -- do you remember how I met you -- do you remember how I met you? Commissioner Russell: Yes. Commissioner Watson: Alright. They got a whole lot of square feet. So I know Commissioner Carollo wants his fire station, but Brickell City Center got a whole lot of square feet, worth millions of dollars. Vice Chair Russell: Well, I -- I recall in that -- in their application for the amendment, they listed all the things they were doing within the SAP. Commissioner Watson: Yes. City of Miami Page 229 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: But we identified that the additional bonus had a value, and they agreed then to pay into it. l just want to understand what the difference is with this situation.l want to make sure we're consistent is all. There were public benefits in that agreement as well, but there was an additional amount paid within the -- I mean, Neisen should remember most clearly because you represented that applicant. Mr. Garcia -Pons: Unfortunately, sir -- Vice Chair Russell: You're not familiar. Mr. Garcia -Pons: I am not. Commissioner Watson: No, he's not familiar and 1 wasn't here, and 1 know the applicant too. Vice Chair Russell: You were here, Commissioner Hardemon was here. I remember. Commissioner Carollo: For when? Vice Chair Russell: When we -- when Brickell City Center came for their recent amendment and -- Commissioner Carollo: What year was that? Vice Chair Russell: It was your first hearing in your third time around. Commissioner Carollo: Third no. Fourth commission or the fifth -- fourth or fifth, Commissioner. Vice Chair Russell: But Brickell City Center came with an application. They were going to do improvements under the bay walk, under the bridge and all sorts of additional things. But they did agree that they were earning a bonus in the additional height that valued a million dollars, and they paid a million dollars in. And you remember we were sort of haggling over where the money should go -- Commissioner Watson: But that was -- and they were supposed to get -- they were supposed to do it on the Tobacco Road site close to 800 additional apartments -- Commissioner Carollo: Is that when -- Vice Chair Russell: Yes. Thank you. Commissioner Watson: -- that they have yet -- I'm telling you. Vice Chair Russell: But that's the entitlement. Correct. That was the amendment. Commissioner Watson: Right. That's why -- Commissioner Carollo: Is that when I came down on them at the time? Vice Chair Russell: Probably. Commissioner Carollo: Okay. Commissioner Watson: So this is really -- Commissioner Carollo: They had partners or not? City of Miami Page 230 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Robbins: Yes sir. Commissioner Watson: I don't know. Mr. Robbins: If I may, Mr. Chairman, I -- I agree that you should be consistent, but don't know how you could compare a project that is maximizing their bonuses and that probably got a lot of extra entitlements, and one that is not -- is waiving all of the bonuses because that means that we're going to cause a lot less traffic. And if you just take the things that we're doing and that we're committing to do which make Miami and our community a better place, putting art and things the way we're going to treat the facades, and you want to say that whatever bonus is generated if we don't spend that much in public benefits on this site, you don't even have to look at the whole SAP, then I don't care. It's like I don't want you guys to agonize over this because I know we're going to spend more than $2.8 million in public benefits anyway, which is what we always do. So it's like if -- if it'll make you feel more comfortable, I'm happy to amend it to say that if we do generate what would be an economic amount as calculated because that will be the first question, what it really is, then we take the actual public benefits that we invest in, and if there's a deficit we'll gladly pay it to the City. Commissioner Carollo: Well -- Mr. Robbins: It's like it's not going to happen. So we're taking a lot of your time. That's something that isn't going to happen anyway, as long as you acknowledge that our investment in public benefits should get a credit on this property, forget about the $100 million we spent. Commissioner Carollo: Are you speaking for yourself or for your partners too, Craig? Mr. Robbins: I'm speaking for my partners, Commissioner. Commissioner Carollo: It's like Charlie's Angels. You know you hear about Charlie all the time, but you never saw Charlie. So -- Mr. Robbins: If you guys vote they can't disagree. You got them over a barrel, Commissioner. Vice Chair Russell: Commissioner Watson, when the Brickell City Center issue came, the commission gave deference to the district commissioner, I negotiated that and I'll defer to you as well because this is -- it may not be exactly apples to oranges. I don't know which is more generous or less generous. I'm, just trying to make sure we're consistent as a body with regard to how we handle SAPs and how we handle additional height. And so if it's -- it's not an aspersion as to what's been invested in the property now or what a good steward of the property they are or what they left on the table in terms of reduced height on the rest of the Design District. But Commissioner Watson, where would you like to go here? Commissioner Watson: Well, what I really would like to see, at least going forward. And who knows Mr. Robbins will be mad at me and not be mad at me at the end of the day, I got to live with what have to live with. But l just want to say this is not about personally, Mr. Robbins, or anything else. The truth is, he probably has invested a hundred million dollars in this project and I already declared Jennings, right. Jenkins [sic] whatever his name is. I declared that already. Jenkins, Jennings, whatever the guy name, I declared that, already, yeah. The fact is what he's invested in this property has an effect -- benefitted him to continue to do what he's done. And we City of Miami Page 231 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 neglected that area of town, just like we do. We neglected that area of town many years ago before any of us was here, 1 believe. Maybe Commissioner Carollo had gone at that time, and he came in and he's actually made a beautifid area out of an area that, you -all know abandoned and went to Broward, right? So, this is really not about what he's not done, but more importantly about what he's trying to do now. So that should be clear. Two, Mr. Robbins also wanted to do something on 42nd Street, 41st Street, to additional enhance the parking garage, where is that North Miami and what? Mr. Robbins: 42nd. Commissioner Watson: 42nd, and clearly the whole (UNINTELLIGIBLE), and he said okay, fine no problem. I just want to say as it relates to whether it's a million, two - and -a -half, or three -and -a -half, I think that Mr. Robbins has all of the four with all resources, not financial but resources period. In order to make a gateway building that was stipulated at 20 stories, and not necessarily at 36. And clearly, if not today, at some point, maybe he'll come back. I don't know. Maybe we'll resolve it today. I don't know. But 1 think in deference to both what he has created and what the surrounding property owners have asked for, it should not be a discussion after the fact with Bay Point and others but a discussion before the fact, okay? And that is what I would be inclined to speak to as it relates to where we should go or not go. Mr. Robbins: I'm not sure I understood you, Commissioner, but we have spoken to every community association that has had any interest in us. Every single community association has either supported us or agreed that they are not in opposition to us. That there are -- that they have no -- we've taken the time. We did it before, the fact. I've spent personal hours and probably been in more than a dozen meetings doing that, and I have to say that, you know, there are always individuals that have opinions of their own, but collectively, everybody has been incredibly gracious, and we are appreciative. Vice Chair Russell: Thank you. Mr. Savage, I'd like to wrap up your presentation, please. Mr. Savage: Yes. Thank you. And so, I think we've -- I think we've completed the entitlement. I'll just ask that if this body ends up amending or horse -trading with the applicant about that calculation, be sure and calculate it from the 12, because that's what everybody else has to pay from the 12, not starting at the 20. Everybody has to pay from 12 to 20. So be sure that's where you count. Vice Chair Russell: Thank you. Mr. Savage. Thank you. Mr. Savage: Yes, sir. Vice Chair Russell: Who is it exactly you represent MacArthur, correct? Mr. Savage: Yes, sir. Vice Chair Russell: They're the property across the street in the Cloverleaf on the on - ramp? Mr. Savage: Yes, sir. Vice Chair Russell: So you're currently at T6-12, which is what they are across the street. Mr. Savage: Yes, sir. City of Miami Page 232 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Vice Chair Russell: Now, I'm trying to remember way back when I first elected, MacArthur came for an application on their property, were you representing them on that? Mr. Savage: I did not represent them on that entitlement request. Vice Chair Russell: Do you recall what the request was for in their application? Mr. Savage: If you're -- you'll bear with me,1 mean, I -- but the general requests was a four-story structure, two of which was parking deck, and then two, I believe it was office on the top and that was their request. And what has caused some flare ups in this hearing is there's an alley that's in the middle of our parking lot that Mr. Robbins, while he's going to jump up here, l guess again. But -- Vice Chair Russell: I don't want to get into that. Mr. Savage: Okay. Vice Chair Russell: I'm not trying to get into that. Mr. Savage: Alright. Then 1 would -- Vice Chair Russell: My request was what was being sought by MacArthur back in the day? Mr. Savage: A four-story -- a four-story building. Vice Chair Russell: But they have T6-12 has of right, correct? Mr. Savage: That's right. But the trip the hang up was the -- there's an alley in the middle that has to be vacated, and so we had objection from the applicant. Mr. Kasdin: And Mr. Chair, they wanted to go from an L to 0, so they could make an all -retail building at that corner. Vice Chair Russell: I remember that now, okay. Mr. Kasdin: You know which would have been, as you know -- that's the most traffic impacted corner, literally the on -ramp wraps around their property and you would have had an intense retail development by virtue of the rezoning, and if the City vacated the alley, that would have dumped the only -- there's' only one way to get in and out of that property, it's 38 Street where the expressway ramp is. That's not good for the neighborhood and that's not good for the people at Bay Point, for us, for anyone. And Craig took the lead in opposing that. Vice Chair Russell: Understood. Thank you very much. Mr. Savage. Mr. Savage: Yes. Vice Chair Russell: And I know this was brought up before and not to rehash. but just to give clarity to my recollection. And this was brought up a lot during public comment as well. The idea that over 30 stories would be out of character with what is there. Mr. Garcia -Pons, this is about the zoning -- the analysis of transitional zoning going from very high in the downtown where we have T6-36, moving down to T6-24, which is where Blue is and that strip of T6-24, just south of I-195. How do you -- how do you interpret that this is not out of character, that this is in line with a step down City of Miami Page 233 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 from the T6-36 to T6-12 and below T6-24? Mr. Garcia -Pons: Yes, sir. I have it ready to put on the screen, but as 1 mentioned last time, when the Planning Department reviews projects, we look at two worlds. The world as it is today, and the world where -- what it could be, what the underlying zoning may allow. And if you look at the map on the screen going again from south to north, you'll see there is T6-36A, T6-24A, T6-120 and then T6-80. The heights associated with those, again, almost one block away each would be 60 stories, 48 stories. The request of 36 stories to 20 stories to 12 stories. But it's not -- Vice Chair Russell: So you say -- Mr. Garcia -Pons: -- what is there today. Vice Chair Russell: So you're saying that -- that -- that's what those properties are abutting could build as of right, even today. But the fact that people don't see that is why it feels to them that this will be out of character in the -- Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: Understood. And then the -- okay. And then the traffic issue, I think we've also gone over in the last meeting that if this is not creating more density and more residents, for example, more units, and then the -- in addition to the changes that are being proposed on the ramps and things being contributed, l'in struggling to see where this creates an additional traffic issue. Can you help me understand the analysis? Mr. Garcia -Pons: So what we asked the applicant from the last meeting is a little bit more clarity on the traffic capacity associated with the development capacity on the site. And we maybe get some more information from their traffic engineer. But what is before us now, what 1 read here is -- and what was provided is the development capacity that was studied as part of the 2013 traffic study yielded or yields a certain number of trips. So the development capacity is x, the trips equals y. The -- what they've clarified is that the buildings that they're going to build between then, now, and in the future will not pass -- surpass the y number of traffic trips already allocated to the development capacity. So if you do the -- and that's not even the maximum development capacity as the one based on the 2013 traffic study. So we wanted to align not only their future development capacity, but they are going to limit their development based on the development program that they proffered in 2013. Not by development program, but by the trips associated with that development program. So again, I'm not the traffic planner. Ifvou want more specific information, we can ask them, for it. But on the -- on what was handed out, I think the easiest number to look at -- looking at the Kimley-Horn letter of May 26, 2021. If you go to the third page of the development plan, the column says, the approved SAP traffic studies, the one that is from 2013, yielded a total of2,522 trips. The currently constructed development as built right now, equals 930 trips. So if they built a development capacity that was mentioned in the 2013 traffic study, they would still have 1,592 trips, which is a lot of trips to be associated with whatever development is associated with those trips. So there is no additional traffic because there's no -- there's no additional traffic being requested based on development capacity. Vice Chair Russell: Alright. Thank you. Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: Commissioner Watson? City of Miami Page 234 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: No. 1 was just saying 1 think to not have anything there to get the analysis only brings in to say that if you have whatever that density is, and 1 think there's a place to keep it the density that it is, it's the height everyone has a problem with. So I don't think that the analysis -- because it is not a study -- Vice Chair Russell: Got it. Commissioner Watson: The analysis is going to do anything relative to what we're concerned about. The issue is the height. That's what 1 wanted to make clear about, what I was speaking to. Vice Chair Russell: Alright. As the district commissioner, do you have a motion on this item now that we've had enough analysis and both sides of waiting? I -- Mr. Savage: Mr. Chair, I -- can -- I had a couple of more questions and then -- Vice Chair Russell: I thought you had concluded Mr. Savage? Mr. Savage: No, sir. I did not. I answered your questions about my site and all that. A couple of more questions about the traffic study that you just discussed that I got at 8:45 this morning. The one that they had, and they testified in front ofPZAB and this tribunal that it would only make 18 more trips. That was the analysis that they had. Don't worry, it's only going to make 18 more trips. Now, as of last night and this morning, they've abandoned that and said, okay, there are 1,592 trips available, daily trips available, and that's a big number, so we should be safe. The thing that's missing, however, is how much is this proposal going to generate? Is it going to generate 300 and it's fine, or is it going to generate 3,500? So -- Mr. Kasdin: Mr. Chairman -- Mr. Savage: -- and then lastly, because it looks like I'm going to get crowded out here, but a follow-up question -- a follow-up question is, what is the code? What is the City requirement of a full traffic study that was required in the 2013 amendment? What triggers it? If it was required in '13, why not now? And are they going to have to do one for site plan approval, for example, because the community is very concerned. And so we've gone from, it's only going to be 18. Now there's 1,500 available, but they're not saying how much are they going to chew up of the 1,500 we have. Vice Chair Russell: Your point is clear. Mr. Kasdin: Mr. Chair, if I may, once again, he's clouding the records significantly, and misstating the facts. There is not a discrepancy between the analysis that we've provided before and this analysis. The analysis we provided before contemplated that if every single inch of the Design District was built out, as it might be, that they would generate no more than 18 additional trips. What the staff asked us to do is to look at the existing development, and to see how many trips were remaining based on the traffic study in 2013. That is what this analysis is. It's not different than the other analysis. And based on that and discussions that we've had, we added the additional language that I presented to you at the beginning of the hearing that said every six months, there will be a trip generation study done. And when a new project -- new development comes along, there will be a trip generation study done. And at such point in time, as we reach 80 percent of the number that was in the traffic study in 2013, a new traffic study has to be done. So let me just -- let's just be clear on the record what this is. This is an analysis, and a methodology has been devised going forward as each new project is built -- each new building is built, and every year that there will be a trip generation analysis. And if at some point in time we get to the point where it exceeds the number of trips that were contemplated in 2013, 80 percent City of Miami Page 235 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 of that number, then a new traffic study is needed. Vice Chair Russell: Understood. I think -- okay. Do you have any more points, Mr. Savage? Because I need to close this up. Mr. Savage: Okay. Thank you. So I will utter your favorite words, in conclusion I respectfully request I -- well, I genuinely thank you for the time last time and today I promised I would move it along, I think did that. I thank you, Commissioner Watson, for your attention and time to this important issue in this community. And again, I thank you, Chairman. In conclusion, I would reiterate all the objections and submissions, and letters that I've already stated. I think that they were given an unlawful variance on the 36 stories. I also think that the Tuttle South sites should not be in the SAP and all the other objections and record items that submitted. With that, 1 will -- thank you again for the time. And if there is a rebuttal, you know, or there's questions, I'm here and available. Vice Chair Russell: Thank you. Mr. Kasdin: No rebuttal. Just one thing I would like to re-emphasize on the record, so it's not mischaracterized by Mr. Savage as well, is that the Buena Vista East Historic Neighborhood Association, which is the immediately adjacent neighborhood association has endorsed this amendment. Bay Point, did not endorse this and did not oppose it. But 1 will tell you this from my observation at participating in the community meetings there, there's tremendous support. There is a vocal minority, and that vocal minority appeared here this morning, including some people who don't live in Bay Point. And -- but that is not at all representative of the majority of sentiment in Bay Point, and if there was significant opposition, they would've opposed it, but they didn't. But if you talked to many, many of the Bay Point residents, they'd tell you what a Godsend the Design District has been for their neighborhood and that they only wish it continued success. Thank you. Vice Chair Russell: Thank you, Mr. Kasdin. Mr. Kasdin: We ask for your support. Vice Chair Russell: So, I go back to the district commissioner and the issue seems to be height, and I need a motion. I need some direction on this, either to accept the amendment, accept it with conditions, or deny the amendment. Is there a motion? Commissioner Carollo: There is a motion. Commissioner Diaz de la Portilla: So moved. So moved. Vice Chair Russell. • Commissioner Carollo, you're recognized. Commissioner Carollo: There is a motion. Vice Chair Russell: What is your motion? Commissioner Carollo: My motion is to present -- to accept rather, the amendments with the conditions that have been presented here today. Vice Chair Russell: There is a motion. Is there a second? Commissioner Diaz de la Portilla: I will second it. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. City of Miami Page 236 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Min: I'm sorry. That's accepting the additional proffers made by Mr. Kasdin? Commissioner Carollo: Correct. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: Correct. Mr. Hannon: My apologies, Chair. Mr. City Attorney, does that amend then PZ.9? Vice Chair Russell: This is meant for PZ.8 and 9. Is that your motion? Commissioner Carollo: That's my motion, yes. Mr. Min: Both 8 and 9? Mr. Hannon: Amends PZ.8 and 9? Mr. Min: Yes. Mr. Hannon: Understood. Got it. Commissioner Diaz de la Portilla: That's correct. Vice Chair Russell: And the motion is for both items. Commissioner Carollo: And before we proceed, I did forget to put into the record that I grew up with MacArthur, drinking it too. So I hope that's not held against me. But outside of that, I am ready to proceed. Vice Chair Russell: Alright. There's a motion and the second. Is there any further discussion? Please read in the record. Mr. Min: Thank you. PZ.8. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.9. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Is that both of them? Mr. Min: Yes, sir. Vice Chair Russell: Thank you very much. All in favor, say "aye." Commissioner Carollo: Aye. Commissioner Diaz de la Portilla: Aye. Vice Chair Russell: Any opposed? Commissioner Watson: Opposed. Vice Chair Russell: That'll be 3-1. The district commissioner opposes. City of Miami Page 237 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Kasdin: Thank you. Vice Chair Russell: So his original statement, and I don't know if it was captured, was he felt the height shouldn't be no further than 20 floors. Commissioner Carollo: Okay. I missed that because I always like to defer to the district commissioner. Commissioner Watson: 1 think you did. I mean, let me make -- be real clear about what I've been hearing. We heard this morning, the vocal minority had signatures. We verified addresses, a lot of people that spoke was not residents in the area, but a number of them did, the signatures he had were representative of people that live in Bay Point. There's also a gentleman who stepped to the podium. And we verified that he said he wasn't speaking on behalf of the organization, the organization did not take a position. However, some did, and some didn't. And so 1'll respect that, and I appreciate that. I think that there is an issue with a number of people going forward that this now represents some breach on our part of which we had nothing to do with about Miami 21. However you will not be able to get this sort of action by SAP going forward if you know that area. And so I thought I would make for them lemons out of lemonade and get a lesser height, and that was not necessarily not acceptable to the applicants. But -- and 1 suggested that, 1 didn't even say that here to the applicants, but in fact, 1 thought it made a lot of sense. I still believe that Mr. Robbins can make a gateway project out of what he's been given, and he decides differently. And 1 do not want us to now holdup the business, believing that what we're doing is not deferring to me, you haven't done that. And so we we've done what we were supposed to do. Alright, so I just wanted to make that clear. Vice Chair Russell: From my part I think we have established here that it is not illegal. This action today is not illegal and its inclusion in the SAP is not illegal, it was established ten years ago. The height is not out of character because it is in line with Miami 21 's steps of zoning but it doesn't look like it because those properties haven't been built to their capacity at this point, but as of right they could be. It doesn't increase traffic, because as of right, what can be built there is not increasing the density, not increasing the intensity. So for this it's really about shape, this is really about the design flexibility within the size. Now, I was waiting to hear if the Commissioner was okay at 20 but wanted to see some additional contribution to get up to the 36, but he didn't proffer that because I said listen, I want you to be able to handle the negotiation as I did when the upzoning was in my district, or the amendment to the SAP was in my district. But Commissioner Carollo did not catch that you were in opposition. So he's at this point questioning the vote. So I just wanted to clarify where I was, but I want you to be fully respected and to make sure we're all working together. Mr. Robbins: Commissioner Watson. Commissioner Watson: And I don't want to convey anything else other than that. Vice Chair Russell: Other than? Commissioner Watson: Other than the fact we are working together; I don't want to convey anything else other than that. Nobody stepping on. Look, I fought the fight thought should be fought, and 'fought, like I said again, 36 was a bit high before I got here, I saw it in the paper, and I think expressed that when we said something. Of course, that's not what was going to happen. Vice Chair Russell: You weren't heard. Commissioner Carollo didn't hear you. City of Miami Page 238 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: Yeah, yeah, no, I just want to make sure that 1 was clear to him as well. I'm you know -- Mr. Robbins: Commissioner Watson, there's something that 1 just want to make sure because we have worked very hard with the Planning Department to make sure that because the north site is at 20 stories, that this will not create a precedent and cannot change the zoning north of us. And we were very careful to do that. Originally, we wanted to make the whole site higher, and by allowing this gateway building and I have a lot of respect for you, but as a developer, I will tell you that it would be a tremendous disservice to our community, our wider conmaunity, to have a much shorter, wider building there. It would be -- it would be a dramatically lesser result. And 1 say that with the experience I've and -- and with a lot of confidence. And lastly, while there are a few people from Bay Point that came here, we spent a lot of time with Bay Point, and I sent continuous e-mails to Bay Point to ask if there is one person that had any concerns, to please reach out to us. The board voted and they specifically, designed -- decided the board was not opposed to this project. So of course, you're always going to hear individuals that have concerns, but the broader community has absolutely either said that they are in favor of this or that they are not opposed to it. So I would just appreciate it if ,you'd take that into account because we've done a lot of work with the community, and I actually think that more of the community would be upset that this doesn't go forward than would be in favor even though they haven't come in and voice that. Vice Chair Russell: Commissioner Carollo, do you want to reconsider the vote? Commissioner Carollo: I don't think I would do that based on what I've heard from Commissioner Watson. I don't think he's asking for that. He made his statement. I do want to make an additional statement. And Craig, I don't want you to do anything in that area unless you go first to the district commissioner. He deserves that. He knows the neighborhood well. What 1'm saying to you is because you have gotten this now and I'm not going to ask for a reconsideration of it, and if would get one, I think you know how it would end up. So we don't have to go there, but I do want you to give him every bit of respect, because he cares about his district -- all his district, that is not all the same shape, size, or color. He's got a very wide district, and you're a very important part of his district. So I'm asking you here publicly to work to with him as you move forward in building this other area out, to work with him. You know that if there's any one up here that has believed in what you have done there in the beginning when it was the hardest, that you were starting out, it was me. I, you know, back when I was mayor, through every bit of help that we could give you as a city, to make sure that you would succeed because if you succeeded there, the city, would succeed. And frankly, you've done an excellent job, you know, this Design District is known worldwide. It's one of the most important parts and an economic engine of our city. So I find it very special. My vote here was not based upon what you had done in the past because I think they are right, that cannot be taken into consideration. It's on the statements' of what you said here, what I heard from our staff and on what you're going to do there into the future -- Mr. Robbins: I give you my word. Commissioner Carollo: That's going to bring more jobs, more income into the City's coffers. And it's extremely important for this city. And as we speak here, some of us are planning on making sure that that part of Miami, like others, are going to be able to be connected in ways that it wasn't connected in the past, or it wasn't envisioned that it could be connected into the future. So, the Miami that we have now, including the Miami with, you know, one of kind unique Design District, is going to be much, much better in the future. So we're trusting you, and again the commissioner that -- City of Miami Page 239 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 your district there, Commissioner Watson. And I think he deserves that opportunity, and I'm sure if he would want to, to work with you shaping this into the future. Mr. Robbins: I give you my word. And Commissioner Watson, I give you my word. Whatever we do at this site, we will first meet with you. We will show you what we 're thinking. We will ask for your input. And of course, I think you already know that anything that we feel would affect concerns for you in our district, anything, we would always come to you first and discuss it with you. And I thank you -all for having trust in us. Thank you. Vice Chair Russell: Motion passes on PZ.8 and PZ.9. PZ.9 ORDINANCE Second Reading 8725 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("AGREEMENT") PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN THE MIAMI DESIGN DISTRICT RETAIL STREET ("MDDRS") SPECIAL AREA PLAN ("SAP") APPLICANT ENTITIES DESCRIBED IN EXHIBIT "C", ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI ("CITY") TO GOVERN THE MDDRS SAP COMPRISED OF APPROXIMATELY 22.56 ACRES OF PROPERTY FOR THE PURPOSE OF A) UPDATING THE APPLICANT ENTITIES TO REFLECT THE LATEST OWNERSHIP; B) ESTABLISHING A DENSITY AND INTENSITY TRANSFER PROGRAM; C) UPDATING REGULATIONS FOR ALCOHOL BEVERAGE SALES; AND D) MODIFYING REVIEW OF REQUIRED CROSS -BLOCK PEDESTRIAN CONNECTIONS BETWEEN NORTHEAST 38 STREET AND NORTHEAST 39 STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14002 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo NAYS: Watson ABSENT: Reyes Note for the record: For minutes referencing Item Number PZ.9, please see "Public Comments for all Item(s)" and Item Number PZ.8. City of Miami Page 240 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 PZ.10 ORDINANCE First Reading 8945 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O", URBAN CENTER TRANSECT — OPEN, TO "T6-8-O", URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 1020 NORTHWEST 7 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Vice Chair Russell: Alright. Let's take up PZ.6 and 7 intervenor status. Is PZ.10 a brief one? Does anyone have any issue on PZ.10? Alright, that's my understanding. Is there a motion for PZ.10? Commissioner Carollo: Motion for PZ.10? Vice Chair Russell: Yeah. It's last item on the agenda. Commissioner Carollo: It is in Commissioner Watson's district. Commissioner Watson, are you okay with PZ.10? Commissioner Watson: We don't have any problem with it -- yeah, we don't have a problem with that. So move. Commissioner Carollo: Okay. Second. Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner Carollo. Any further discussion? You need to read in the record? Barnaby Min (Deputy City Attorney): Yes, sir. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. All in favor, say "aye?" The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PZ.10. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 241 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 NA.1 9142 City Commission NA - NON -AGENDA ITEM(S) DISCUSSION ITEM A DISCUSSION ITEM REGARDING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $250.00, EACH, FROM THE OFFICES OF DISTRICT 1, DISTRICT 2 AND DISTRICT 5 FOR THE BOOKER T. WASHINGTON ART PROGRAM. RESULT: DISCUSSED Commissioner Watson: I just wanted to do a smile break, right quick. Commissioner Diaz de la Portilla: I love smile breaks. Commissioner Watson: Just a smile break. I'll see if it can be legal. Are the art students who were here, because I know they need to get back The ones that are here, can they come back, please? (COMMENTS MADE OFF THE RECORD) Commissioner Watson: Yeah, bring them back, right quick. Vice Chair Russell: Did we miss a photo? Commissioner Watson: No, no. We didn't miss a photo, but I want to elevate what's happening with them. I'm going to get -- Applause. Commissioner Watson: I'm going to get -- come on, please. Yeah, most definitely. Let's turn around. Applause. Commissioner Watson: I know Booker T. came in. They had two place winners, and I just want to have the City Attorney and the Clerk help me with this, because we gave them pittance. And I want to do something, even if it's out of my office and my budget, because these kids are not just sitting in front of TVs playing games. They are actually doing something that at some point one day, we may look back to you and you have a $50 million painting. So far and I'm glad that you represented us, next time we will have more guys, but you represented us well. Vice Chair Russell: Alright. Commissioner Watson: So from my office, I want to match what you have both to you and to your school art supplies, so you continue doing the work that you do. So that you can go forward, and hopefully that's an advocation [sicf you pursue, because arts takes a special place now in our life here in Miami in one of the largest art, fairs, parties, whatever is called in the world and I think it's important that we recognize also what you've begun on your path, right? So, I'll be able to translate what that means and maybe from my office, everybody even out of my district. Booker T. led the house at least $250 in addition to what happened today, so that you can continue on doing your work well. City of Miami Page 242 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 NA.2 9143 City Commission Commissioner Diaz de la Portilla: But let me tell you at the risk of spoiling them, Commissioner, at the risk of spoiling them, because we never want to spoil them, I'll match it too. (UNINTELLIGIBLE) spend it all -in -one place. I think Commissioner, the Chairman will also match it from his office. Vice Chair Russell: I have been volunteered, gladly. Commissioner Diaz de la Portilla: Yes, voluntarily, we'll do it. It's a voluntary contribution but this time we will pay, we promise. Commissioner Watson: So understand, understand it is our recognition of -- Commissioner Diaz de la Portilla: Your talents. Commissioner Watson: -- our future and your talent that we step forward and honor you so that you can continue doing the work that you do, okay? Thank you. Commissioner Diaz de la Portilla: Congratulations. Vice Chair Russell: Congratulation -- that's very nice, Commissioner Watson. Thank you. Applause. Vice Chair Russell: Thank you so much. Congratulations everyone and to the school. Victoria Mendez (City Attorney): Chairman. Chairman. Vice Chair Russell: Yes, Madam City Attorney. Ms. Mendez: I wanted to tell the students so they can see the videos for the -- their presentations and all of this at miamigov.com. So they'll be on -- so that you could see it during the meeting, okay? Commissioner Watson: Alright, I gave my colleague more time to think about -- DISCUSSION ITEM THE CITY COMMISSION PAUSED IN THEIR DELIBERATION FOR A MOMENT OF SILENCE IN REMEMBRANCE OF THE PASSING OF GABINO "GABE" SOTO, FIRE LIEUTENANT, DEPARTMENT OF FIRE RESCUE. LT. SOTO WAS A VETERAN OF THE U.S. ARMY AND BEGAN HIS 19-YEAR CAREER WITH THE CITY OF MIAMI IN APRIL 2002. HE WAS A MEMBER OF THE FIRE STATION 6-A TRT AND FIRE STATION 9-B, AS WELL AS A VALUED MEMBER OF THE SOUTH FLORIDA TASK FORCE 2 US&R TEAM, HAVING GONE OUT ON EIGHT DEPLOYMENTS AND MANY HUMANITARIAN MISSIONS. LT. SOTO IS SURVIVED BY HIS WIFE AND TWO SONS. rRESULT: PRESENTED Vice Chair Russell: Good afternoon and welcome back. We do have a quorum of three on the dais. I'd like to proceed as follows. One protocol item to take up briefly. And then we will go through the intervenor status for the Charles Avenue zoning item. Once we've established that, we'll take up the Design District item in full, and then the Charles Avenue item in full. And then we'll complete the remainder of the regular City of Miami Page 243 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 NA.3 9144 City Commission agenda. For the protocol item, we lost one of our firefighters to cancer and I just wanted to take a moment of silence for Gabe Gabino Soto (phonetic), Fire Lieutenant, Department of Fire Rescue. He was a veteran of the US Army, began his 19-year career at the City of Miami in April of 2002. He was a member of the Fire Station 6A TRT (Tactical Response Team) and Fire Station 9B, as well as a valued member of South Florida Task Force 2 USAR (Urban Search and Rescue) team. Having gone out on eight deployments and many who humanitarian admissions. Gabe is survived by his wife and two sons. And information is posted on the City Employee Center. I'd like to ask for a moment of silence, but I know some of his brothers are here from the fire department. And I've been with them in Washington as they've advocated for cancer issues to be taken up as something that is part of this job that needs to be recognized that firefighters are susceptible to cancer based on what they are exposed to. And they shouldn't have to fight so hard to get the protections needed based on that. So a moment of silence for Gabe, please. Thank you. Thank you, Freddy. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE AND ISSUE A RIGHT OF WAY PERMIT AND NON-STANDARD RIGHT OF WAY IMPROVEMENTS AGREEMENT RELATED TO SAWYER'S WALK LOCATED NEAR NW 7 STREET BETWEEN NW 2 AVENUE AND NW 3 AVENUE AS DEPICTED IN EXHIBIT A, TO BLOCK 55 OWNER, LLC AND ITS ASSIGNS ("DEVELOPER"), FOR THE PURPOSES OF THE DEVELOPER TO USE FOR CONSTRUCTION STAGING AND FOR MAKING IMPROVEMENTS TO SAWYER'S WALK. ENACTMENT NUMBER: R-21-0212 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number NA.3, please see Item Number RE.8. Vice Chair Russell: Calling back to order, please. Commissioner Watson you have a pocket item you'd like to enter really quickly, as well as RE.8, both related to the Block 55 project; is that correct? Commissioner Watson: Yes, please. It'll be real quick. Vice Chair Russell: This pocket item I've received is a resolution of the Miami City Commission with attachments authorizing and directing the City Manager to prove and issue right -of way permit, non-standard right-oJ way improvements agreement related to Sawyer's Walk located near Northwest 7th Street between Northwest 2nd Avenue and Northeast 3rd avenue as depicted in Exhibit A to Block 55 owner, LLC (Limited Liability Company) and its assigns developer for the purposes of the developer to use for construction, staging, and for making improvements to Sawyer's Walk. Is that correct, Commissioner? Commissioner Watson: Yes. That's the pocket item, Mr. Chair. Vice Chair Russell: And then there's item RE.8. Is that related as well? City of Miami Page 244 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: It is related, but I have to read an amendment on the floor. Vice Chair Russell: Would you like to make a motion on both items? Commissioner Watson: Yes, please. Vice Chair Russell: It's been moved. Commissioner Carollo: I'll second them. Vice Chair Russell: Seconded by Commissioner Carollo. Go ahead with the amendment, please. Commissioner Watson: Alright. Due to FHA (First-time Homebuyer Assistance) requirements for affordable housing lending, the borrowing entity, this item needs to be updated. The borrowing entity is currently Block 55 Owner, LLC. It should be Block 55 Residential LP (Limited Partnership). The substance of the item is otherwise unchanged. Vice Chair Russell: Thank you very much. And that was an amendment to RE.8, not to the pocket item, correct? Commissioner Watson: Yes. Vice Chair Russell: Alright. Thank you. There's been a motion that's been a second, I'd like to open up for public comment. If there's anyone here, we already did RE.8 for public comment, but this pocket item is new. Is there anyone here who would like to speak on that item? You're welcome to. Michael Swerdlow: You know we're building a large affordable housing project and some retail. Vice Chair Russell: Please state your name for the record. Mr. Swerdlow: Michael Swerdlow. Vice Chair Russell: Thank you very much. And obviously, you're in support of these two items? Mr. Swerdlow: Yes. Vice Chair Russell: Alright. Is there anyone else here who would like to comment on this pocket item? Right. Is there an emergency nature of it that it wasn't on the agenda or can't wait to the next agenda, Commissioner? Commissioner Watson: Well, the emergency nature is we're doing a groundbreaking on the 23rd and they're trying to close in advance. Vice Chair Russell: Got it. And this would give them the ability? Commissioner Watson: Yes. Mr. Swerdlow: We are starting construction immediately, which is the emergency, and we need to stage in that alley. Vice Chair Russell: Got it. And this is the affordable housing and elderly project? City of Miami Page 245 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Watson: Yes. Vice Chair Russell: This will be housing -- Commissioner Watson: With the Target and Aldi and -- Vice Chair Russell: This will be receiving residents from the Harry Kane Building, the county building as well. Mr. Swerdlow: Yes, taking all 123 residents in the Harry Kane Building, and we've moved up to -- 1 believe we're building 580 senior affordable units. Vice Chair Russell: Thank you so much. Those were residents of my district. They'll now be residents (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: So this is a 571, I think it is? Commissioner Watson: Yes. Commissioner Diaz de la Portilla: And what percentage of six -- I'm sorry, what percentage of 60 percent AMI (Area Median Income), what percentage out of 80? Commissioner Watson: Okay. Commissioner Diaz de la Portilla: Walk me through that. Mr. Swerdlow: I'm glad you asked because you should know, all of you should know that Miami 21 's definition of affordable housing is different than that of the county and the federal government. Commissioner Diaz de la Portilla: Correct. Mr. Swerdlow: And it makes things more difficult than they have to be, but we are 50 percent, 40 MI -- AMI. We are 25 percent 60 AMI, and 25 percent 80 AMI. Under your definition -- under the federal definition and the county definition, we're an average of below 60 and the whole thing's affordable. You consider only the apartments below 50 affordable and the rest of them you call workforce. Commissioner Diaz de la Portilla: Right. Mr. Swerdlow: You really should try to bring those definitions into compliance with one another because it makes a difference on impact fees and other -- and other things. Commissioner Diaz de la Portilla: Okay. Mr. Swerdlow: One being grants and so forth. Commissioner Diaz de la Portilla: Yeah, and the financing. We get that. Now, let me ask you: How much retail? Mr. Swerdlow: I'm sorry. Commissioner Diaz de la Portilla: Do you have any retail at all? Mr. Swerdlow: 250, 000 feet of retail. City of Miami Page 246 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: 250 -- a quarter of a million feet of square feet of retail? Mr. Swerdlow: Yes, of which 150 is already leased to Target. Commissioner Diaz de la Portilla: Target. Mr. Swerdlow: Aldi. Commissioner Diaz de la Portilla: Aldi. Mr. Swerdlow: Ross, Burlington -- Commissioner Diaz de la Portilla: Burlington. Mr. Swerdlow: -- and Five Below. That neighborhood has never had retail in it. It's now got a plethora of retail. And if you think it was easy to get Target to come into Overtown, you would be wrong. But they're coming. I'm happy to say that all of downtown will have some affordable shopping. Commissioner Diaz de la Portilla: On River Landing, we're getting -- we're getting Burlington -- and we got Burlington, and River Landing in Allapattah we got Burlington, we got Ross, so we're getting a lot of that happening too. Was that the -- Mr. Swerdlow: I'm very well aware of River Landing. Commissioner Diaz de la Portilla: Yeah, so -- so I'm excited about the fact you're doing it. That you're bringing that kind of retail to -- to that space. Mr. Swerdlow: Yeah. Commissioner Diaz de la Portilla: The -- if I may, how much total funding are you getting from the county? Mr. Swerdlow: From the county? Commissioner Diaz de la Portilla: Yes. Mr. Swerdlow: Nothing. Commissioner Diaz de la Portilla: Nothing. Mr. Swerdlow: No. I'm getting some project -based vouchers because I'm taking all the people out of a county building but that's it. Vice Chair Russell: And I want to address that as well. Mr. Swerdlow: I plan to ask the county for some funding but so far -- Commissioner Diaz de la Portilla: Well, that's kind of the question, right? So that is the question. Mr. Swerdlow: Well, right now, the funding that I'm asking for is all allocated. So I'm starting this project, it $306 million. Commissioner Diaz de la Portilla: So breakdown for me if you can, Mr. Swerdlow, City of Miami Page 247 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 breakdown for me all the different public funding that you're getting for this project from top to bottom. Mr. Swerdlow: Fifty -- Commissioner Diaz de la Portilla: Including the 7. -- well, it's 5 million, right, from Miami, now it's 7.5. Mr. Swerdlow: It -- it's 7.5 -- Commissioner Diaz de la Portilla: Well, it was 5 originally, now it's 7.5? Mr. Swerdlow: Right now I've accomplished 15 million in total. Commissioner Diaz de la Portilla: But how much are you aiming for? Mr. Swerdlow: I'm aiming for 28 million. Commissioner Diaz de la Portilla: Total? Mr. Swerdlow: Yeah. Commissioner Diaz de la Portilla: Up from up down. Mr. Swerdlow: Up from 15. Commissioner Diaz de la Portilla: Right. Mr. Swerdlow: If don't get it, we'll put the money up for it. Commissioner Diaz de la Portilla: Okay. Commissioner Watson: So there was -- the initial requests was seven -and -a -half Commissioner Diaz de la Portilla: Right. Commissioner Watson: I reduced it to five. Commissioner Diaz de la Portilla: I remember. Commissioner Watson: Then lumber shot up, right. And so we going to give them an additional two -and -a -half -- give restate or restore what was -- Commissioner Diaz de la Portilla: That's the City of Miami? Commissioner Watson: -- recommended. Yes. Commissioner Diaz de la Portilla: Well, that was the City of Miami but my -- Commissioner Watson: Yes. Commissioner Diaz de la Portilla: -- my interest is knowing really at the end of the day, total public funding in general, what we're doing -- Mr. Swerdlow: I would tell you -- Commissioner Diaz de la Portilla: -- what we're doing for the area which I think is City of Miami Page 248 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 critical because I appreciate what's happening in Allapattah, but 1 know what's happening there is important, as important if not more important, 1 think in some cases. But what you're doing there and what you're bringing there in terms of retail and in term -- but I want to know how much public dollars are going to the whole venture. And the 80 percent concerns me. You're right about -- but -- Mr. Swerdlow: All of public dollars -- Commissioner Diaz de la Portilla: Hold on. Mr. Swerdlow: -- are going into the residential. Commissioner Diaz de la Portilla: Okay. Mr. Swerdlow: They cannot go into the retail project. Commissioner Diaz de la Portilla: Right. Well, you can't do the financing that way. So who's doing the retail? Mr. Swerdlow: I am. I am building the whole project. It's one million four hundred thousand feet. It's the reason that we changed the name today is because the residential will be in a different condominium unit with a different name than the whole project. Commissioner Diaz de la Portilla: Okay. Mr. Swerdlow: So this funding will be used only for the residential building and only for hard costs. Commissioner Diaz de la Portilla: Okay. Thank you. Vice Chair Russell: Thank you. What I -- what I wanted you gentlemen to be aware of is that there was a senior center -- senior housing center county -owned in my district in downtown area called Harry Kane, and the conditions were appalling, the mold, the holes -- Mr. Swerdlow: Yes. Vice Chair Russell: -- the water, the -- and the seniors were living there in really bad conditions to where it actually had to get shut down, to where everyone was going to get evicted, evicted without options, and so the county was scrambling to try to find different places for them. The only thing in good condition in there was a Bruno Bareiro domino table. That was the only thing in there that was shiny and pretty. The rest of the place was a wreck and -- (COMMENTS MADE OFF THE RECORD) Mr. Swerdlow: We want to do some affordable housing in Allapattah, incidentally. Vice Chair Russell: But -- well, just so I can finish Mr. Swerdlow -- Commissioner Diaz de la Portilla: And I want to welcome you -- I was kind of leading you there, but you knew that right? Vice Chair Russell: The timing could not have been better for this project, for those residents to have an option at this point so I'm very glad. The county should be kicking in. City of Miami Page 249 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Mr. Swerdlow: And by the way, when we first planned our housing, it was market rate. When I went to all affordable, we did not change the apartments. We did not change the appliances. We left everybody with a dishwasher and with a washer and dryer and a dishwasher, they're absolutely beautiful apartments and much larger than the normal affordable apartment. And the finishes are that of full market rate stuff I'm very proud of this project. Vice Chair Russell: Thank you. Is there any -- Commissioner Diaz de la Portilla: And your reputation proceeds you. Mr. Swerdlow: Huh? Commissioner Diaz de la Portilla: Your reputation proceeds you. Mr. Swerdlow: Thank you. Vice Chair Russell: Is there any further public comment on RE.8 -- well, not RE.8, on the pocket item? Commissioner Carollo: (INAUDIBLE) brought up a name that kind of brought back a recollection of something. You remember when you ran for commissioner, Mr. Diaz de la Portilla, those big mailers at least ten of them. They were blasting you and calling you all kinds of names and stuff. Do you remember the PAC (Political Action Committee) that paid them? Commissioner Diaz de la Portilla: Of course. The same PAC that paid the one blasting you when you ran -- Commissioner Carollo: No -- no. Commissioner Diaz de la Portilla: -- for commissioner. Yeah, absolutely. I remember I was there, remember? Commissioner Carollo: It wasn't. Commissioner Diaz de la Portilla: Well, it was a different name, but the same people were funding it. Commissioner Carollo: But you have a rare name in that PAC and you seem to have forgotten, you know. Commissioner Diaz de la Portilla: Oh, I don't forget anything. I -- I remember. No, I never forget anything actually, I have a great memory. Commissioner Carollo: Well, just in case -- Commissioner Diaz de la Portilla: One of the things that I have, Commissioner, is institutional memory. Commissioner Carollo: Yeah. Well, -- Commissioner Diaz de la Portilla: I've been in politics for 25 years so -- or longer, actually, so I kind of remember everything that happened. Commissioner Carollo: Just in case you get too busy. City of Miami Page 250 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 Commissioner Diaz de la Portilla: Never too busy. Commissioner Carollo: I think I'm going to have to,file the complaint against them before the two years expire because what they did to you is completely illegal. $40,000 -- Commissioner Diaz de la Portilla: I remember. Commissioner Carollo: -- in a mailer that not a penny, not a penny, was put into the bank account and -- Commissioner Diaz de la Portilla: I remember. Commissioner Carollo: -- they claimed it was all in -kind, well, they were sending it with the name of the PAC. Commissioner Diaz de la Portilla: I remember and we -- and did the same thing to you, but the two years had passed already remember in 2017 when I was helping in your campaign? Commissioner Carollo: But they -- yeah, but they were not involved -- Commissioner Diaz de la Portilla: Oh, they absolutely they were. Commissioner Carollo: It was another -- another guy that sent it. Commissioner Diaz de la Portilla: But it was the same thing. It was the same people behind it. IfI remember -- I remember correctly, although I don't think it's the subject of a conversation here, but if you want to have it, we can have it. Commissioner Carollo: I know -- Vice Chair Russell.: (UNINTELLIGIBLE) well have a -- Commissioner Diaz de la Portilla: But 2017, all though the two years have passed there. Commissioner Carollo: My point is that these people, the two years have not passed, and I want to make sure that in case they want to do the same thing to anybody again Commissioner Diaz de la Portilla: Of course, they will. Commissioner Carollo: -- they're going to get nailed soon enough. Commissioner Diaz de la Portilla: Yeah. As they should. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: As they should. We should always, always make sure that people are nailed for doing wrong things. I agree. Vice Chair Russell: Glad we worked that out. I would like to close public comment if there's no one else here to speak on the pocket item. There's been a motion and a second on RE.8 as well as P1.1, we're going to call it. Any,further discussion? No. Thank you. All in favor, say "aye." City of Miami Page 251 Printed on 03/03/2025 City Commission Meeting Minutes May 27, 2021 ADJOURNMENT The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes as amended. Mr. Swerdlow: Thank you, gentlemen. Vice Chair Russell: Thank you very much. Commissioner Diaz de la Portilla: Thank you, sir. Mr. Swerdlow: Thank you, Commissioner Watson. Vice Chair Russell: And thank you for your patience for waiting all day. Commissioner Carollo: What is left. Vice Chair Russell: I thought that'd go a little bit quicker. The meeting adjourned at 10:40 p.m. City of Miami Page 252 Printed on 03/03/2025