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HomeMy WebLinkAboutCC 2018-06-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Friday, June 8, 2018 10:30 AM Special Meeting City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes June 8, 2018 i10111_1M IkiUNZ6YAIle] 0FA0IdUTAB rI4 Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes On the 8th day of June, 2018, 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 special session. The Commission Meeting was called to order by Chair Hardemon at 10:33 am., and adjourned at 2:18 p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 10:36 a.m., Vice Chair Russell entered the Commission chambers at 10:38 a.m., Commissioner Gort entered the Commission chambers at 10:57 a.m., and Commissioner Carollo entered the Commission chambers at 11:28 a.m. Chair Hardemon: Welcome to the June 6 [sic], 2018 special City Commission meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Emilio T. Gonzalez, our City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. I will open up the meeting with a prayer, and then we will all -- I guess it would be called "sing" -- the pledge of allegiance. All rise, please. Invocation and pledge of allegiance delivered. Chair Hardemon: That was a wonderful tone in our song, right? ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk 101NINMe] a9:1;8BI A Chair Hardemon: Madam City Attorney, can you state the procedures to be followed during this meeting? Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online on wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. 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 wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If City of Miami Page I Printed on 0812212018 City Commission Meeting Minutes June 8, 2018 the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Ojflce and at the podium for your ease of reference. 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 may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Thank you. Chair Hardemon: Thank you very much. PUBLIC COMMENTS FOR REGULAR ITEM(S) Chair Hardemon: So what I'm going to do now is open up the floor for public comment. If you're a member of the public and you'd like to speak on any item that is on the agenda, you are allowed to speak at this time. You'll have two minutes to address this body. You may approach each of the two lecterns. State your first name, your last name; you may state your address, and what item it is that you are here speaking about. So once again, this is the public comment section. You have two minutes to address the body. State your first name, your last name; you may state your address, and what item it is that you're hereto speak about. You can approach any of these two lecterns. Is there anyone from the public that'd like to comment? You're recognized, sir. Nathan Kurland: Thank you, Commissioner. Nathan Kurland, 3132 Day Avenue. Ladies and gentlemen in the audience, normally, when I speak before the Commission, I usually start out with something witty to say -- or half -witty, as the case may be -- but today, we're dealing with what Karl Hiaasen called, "You can only" -- "You can't make this stuff up. " It is my belief that under the "C" -- under the present Zoning Code, this property is "CS" (civic space). And in "CS," there is no permission to build a 13 -story building. So the issue before you today is to pass a bill to go to referendum to the citizens of Miami that is patently illegal under the present Zoning Code. So what you're asking the citizens to do then is to either approve or disapprove this measure when you're asking them to measure on something that's not even legal. I think that it's inappropriate and shouldn't be before you today. Thank you, Commissioners. Chair Hardemon: Thank you, sir. Joseph Louis: Good morning, Commissioners. My name is Joseph Louis. I live at 300 Northeast 82nd Street, Miami, Florida 33138. I am here today to speak to you, to ask you a favor for SP. 1, SP.2, the Jungle Island Project. I live in Little Haiti for 18 years, and I work at the Fontainebleau Hotel on Miami Beach for 15 years. I have a good hotel job and take care of my family. What now? The unemployment, it might be low, but my neighborhood still have City of Miami Page 2 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 many people without job. Too many people can't find good job. Do you imagine where 82nd Street, they have a new developer? He buy that space. He kick them out from the job, the small business. They have to move on June 30. So they -- so those people, they out soon. They have to looking for good job, but I ask you today, Commissioners, please, to vote 'yes "for this project and to bring good hotel job to our City of Miami. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Sabina Covo: Hi. Good morning. My name is Sabina Covo, 3404 Franklin Avenue. Commissioners, I want to speak on behalf of the Jungle Island Project. I have two little children, and I've noticed that in Miami, we're very limited for having time with the children, places to go, vacationing time, other than going to Orlando or some other places in Florida. So I do believe this project not only will bring a lot of jobs, which are needed for our youth here in Miami; but also, for a mother of two, like me, a place to go and actually enjoy some time out of Miami. We sometimes don't even have time to go to the beach; it's far. I think the location is perfect, and I think the whole concept around the project will bring children vacationing spots that we need here in the City. Thank you. Chair Hardemon: Thank you. Ma'am. Mr. Talbert. William Talbert: Good morning. Bill Talbert, Greater Miami Convention and Visitors Bureau, 701 Brickell; my home, 1601 Nocatee, here in Miami, Florida. I'm speaking on behalf of your Greater Miami Convention and Visitors Bureau. We've sent each of you a letter of support, SP.1 and SP.2. I've been here for 50 years, and I think this is a -- one of the most important projects you've had in front of you. We all travel the world. There's a lot of competition out there. This is an opportunity to make this facility, Jungle Island -- I remember the original project in South Dade --to be competitive. This project will bring more visitors here, who will stay longer, spend more, and support more jobs. So SP.1 and SP.2, including the hotel, an important part of this project. We think it's a very creative and novel approach to this hotel, and a family friendly -- you know, we're more than South Beach. We're a family destination. So once again, the GMCVB (Greater Miami Convention and Visitors Bureau) strongly in support ofSP.] and SP.2. Thank you for listening. Mitchell Liss: Hi. My name is Mitchell Liss. I'm at 175 Southwest 7th Street, Miami. I'm with Parchman (phonetic) Parking and I want to speak on recent legislation you passed, SR.], which is a booting reduction. We're in the parking business down here, and we pay 15 percent of every dollar we make to the City of Miami. We don't get any discounts in our rent, because you passed legislation that gives everyone 30 minutes free parking, because we can no longer boot. So I'm here on behalf of our parking company and other parking companies to tell you this is never going to work. We're going to have to raise our rates. We're going to have to, you know, implement towing policies, so instead of an $89 boot, they're going to have to pay north of $200 for a tow. You know, your meters on the City, you control the rates, you control the City surcharge, and now you're trying to control the private vendors, and it's just not going to work. You know, we're going to have to raise our prices. We're going to have to do things that we don't want to do just to compensate for the free 30 minutes, because we can no longer call for a boot. And in addition, you're going to cost the residents and the visitors serious dollars. And I just wanted to, you know, explain that it's not going to work for us, and it needs to be another meeting. You need the parking operators to come in here and explain our position. Thank you. Chair Hardemon: Ma'am, in the green shirt, do you want to speak? Unidentified Speaker: She wants to speak last. Chair Hardemon: She wants to speak last? Unidentified Speaker: Yes. City of Miami Page 3 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Chair Hardemon: Okay. Is there -- okay, I see. She's just standing in the aisle, so the line will have to go around her. Sir, you can come then. Ricardo Sanchez: Good morning, Commissioners. My name is Rick Sanchez. I live at 6050 Coral Way, Coral Gables, Florida -- Miami, Florida. I am here today to speak in favor of SP.1 and 2, the Jungle Island Project. I am a bellman at the Fontainebleau Miami Beach Hotel, and I am a City resident. Good hotel jobs matter for us residents. I've worked at the Fontainebleau for seven years. I just finished putting my daughter a few years back through school -- Florida State University, my friends -- where she graduated with a criminal justice degree and international business affair degree. I couldn't have done that without the job that I have, my friends. Too many people live in our city that are struggling, working multiple jobs, and that's the truth; I see it. They can barely pay their bills, and putting their kids in college or buying a home are impossibilities. We need projects like this to help change this reality, and that's the truth. I urge you to vote ' yes" for Jungle Island item. I thank you, my friends and Commissioners. Chair Hardemon: Thank you. Sir, you're recognized. Patrick Piers: Good morning. My name is Patrick, and I'm here on behalf of DJ Irie Foundation, and Irie Music Group. And on behalf of DJ Irie and the Irie Foundation, it is my pleasure to voice my support for Jungle Island. The Irie Foundation's mission and Jungle Island's mission have a lot in common. We're both in service of the community, and the entertainment, learning, and development of children of all kinds. Over the years, Jungle Island has provided an unbelievable amount of children and families with the opportunity to learn about animals and nature; attend summer camps; have memories of the best field trips, and so much more. Today, as Jungle Island aspires to be even more a value to the Miami community, it plans to become one of the most exciting opportunities for entertainment and education these children and family can have by building an enhanced animal experience, new summer camp programs, and educational outreaches -- zip lines, water lines, water slides, a lagoon, a true walk village, ropes courses; even a theme hotel. What is most beautiful is that Jungle Island will continue to do what it has always done; provide ways for all children to be able to enjoy the park, regardless of their financial means. Jungle Island is a Miami staple that has always been in relentless service to the community, to the families and children of all kinds. Myself and DJ Irie, the entire foundation, we would be very disappointed if the City didn't do all that it could do to ensure that Jungle Island can continue to grow and be around for a very long time. Thank you very much, and God bless. Chair Hardemon: Thank you, sir. Unidentified Speaker: I'm just going to translate (UNINTELLIGIBLE). Chair Hardemon: No. We have a translator that will do that for us, so we'll allow the next person to go, and then we'll have the translator come. Oh, you're here? Okay, now. Alexander Suarez: (As translated by the Official Spanish Interpreter): My name is Alexander Suarez, and I live at 3675 Northwest 1st Avenue. I want to speak in favor of SP.1 and 2, the Jungle Island Project. I'm of Cuban origin, and I have lived here five years. I am a doctor, and I work at the Magic City Casino in maintenance. I have a daughter, a wife, and to be able to provide for them with a good salary is difficult. I came to this country with great hope, and wanting to start a new life. In Miami, everyone can prosper, and there's a lot of good opportunities. The base of prosperity is a good job with good wages. The project of Jungle Island provides good jobs and good prosperity. Please vote in favor of the Jungle Island Project. Thank you. Chair Hardemon: Thank you. Ma'am, you're recognized. City of Miami Page 4 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Natalie Rawat: Good morning, Mr. Commissioners. My name is Natalie Gabrielle Rawat. I live at 1000 Venetian Way, right across from where the proposed Jungle Island Project is happening -- or might happen. My question to you today is, why is the City getting zero additional rent for 19 and a half acres for a minimum of 13 years? What type of deal did you cut with this developer? The fair market value today is 1.4 million. ESJ is paying half a million. When the hotel opens, if it opens, the rent will climb up 250,000 to 750,000. And when the hotel stabilizes, if it stabilizes, the rent will go up to 1.25 million, which is still not the fair market value of today. So it doesn't appear to be fair market value. And why are you waiving competitive building? Why are you waiving competitive bidding? The Charter demands fair market value. Is this not a breach of the Charter? And doesn't this set up the City for a lawsuit? So at no rent for 13 years, you will have a lineup of interested parties. Why are you waiving that right? Thank you for your attention and have a great day. Chair Hardemon: Thank you. David Umbach: Yes. My name is David Umbach, and I live in Miami Springs. I currently bartend for the Miami Marlins over in the Diamond Club at the ballpark, and I'm just here to express my approval for the building of the new project on Watson Island. I think it'll create jobs before, during, and after its completion. Also, it would be very beneficial for tourism for the City of Miami. And thank you very much. Chair Hardemon: Thank you, sir. Ma'am. Erin Compton: Hi. Erin Compton, The Last Carrot, at 3133 Grand Avenue. I'm basically just asking to -- I just became aware of the May 10 new -- the pass for the SR.1 booting. I want you guys to reconsider. I feel like the free parking for the 30 minutes before a boot on my private parking lot is going to make a big impact on my business. You know, 30 minutes, you can pick up something real quick -- Chair Hardemon: You do realize -- I allowed one person to speak about this, but this is not on the agenda today. Ms. Compton: Okay, no problem. Uri Man: Hello. Good morning. My name is Uri Man. I reside at 444 Northeast 30th Street in Miami. I'm a concerned citizen. I'm here today because I would like to express my support for Jungle Island. Hotels have been a key component of any amusement or entertainment complex around the world. All of us know if we go to Disney World, we go anywhere, there are always hotels in first-class facilities. And today's agenda item is about raising the bar on entertainment in Miami for everybody; not just for tourists, but for the families that live here. It's a rare opportunity that we get to vote -- or you get to vote on an item that's going to have a direct impact on the quality of life of people that live in the City. It's not another condo building; it's not an apartment complex. We are talking about raising the bar on entertainment, bringing something that's first class to the community that we can all be proud of. Everybody has seen the plans that are very ambitious, and the company that is behind these plans is a solid company that people are familiar with. We all believe in the vision, and we're very proud of it. We want to see this come to fruition. And for it -- To have a first-class entertainment complex of this type without a hotel would be a huge mistake. The hotel is needed. It's going to create wonderful experiences for the families in this community who decide to go stay therefor the day and night; for people from outside of town, and it will raise the bar in entertainment in Miami. Thank you very much. Dharampal Rawat: Good morning, Commissioners. I am Dharampal Rawat, 1000 Venetian Way, Apartment 703, Miami, Florida. I won't say my zip code, because the zip code kind of ends up in Miami Beach, but it's 33129 nonetheless. Before we started all this, a little prayer was said, and there was something about community; there was something about a legacy that I -- it seems to me that, as Commissioners, you are the holder of this legacy for the future City of Miami Page 5 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 generations. And this beautiful jungle gym that's going to go there is already there. I don't know what we are leaving for our future generations. Yesterday, there was a little bleep on BBC (British Broadcasting Corporation) about hurricanes and how they are thinking to make a new category, hurricane category 6. I don't if you know about this. And it seems to me pretty bizarre that since we're all dealing with hurricanes -- that's part of life here. I've lived here for almost 23, 25 years, and they come and go. And I see that you're extending a $500,000 development a loan to -- for these guys to fix whatever is there. I wish somebody would -- that to me when hurricane comes by. I would have lot less white hair and lot more, I think. Thank you so much. Chair Hardemon: You're recognized. Wendi Walsch: Morning, Commissioners. My name is Wendi Walsch. I'm the principal oj5ricer for Unite Here Local 355, 1525 Northwest 167th Street, Miami, 33169. I am here this morning, along with the members of our union, to address the requirement for labor peace that is required by the City. We have been working with Jungle Island for the last few months, and we do have a labor peace agreement in place. And I just want to say, you know, I think that you know that there are times where a company puts up significant resistance to reaching a labor peace agreement before we reach one, and this was an incredibly cooperative process. We're happy with how that went, and we feel confident that moving forward, that will continue, that relationship with Jungle Island; and so, we're here in support. Thank you. Cristian Gonzalez Black: Good morning, Commissioners. Cristian Gonzalez Black, 1000 Venetian. Question as to benefits to the community: Does the City actually think that the land giveaway of 19.5 acres of prime real estate and the $500,000 developer contribution to low- income housing, a payment that does not need to be made until the hotel, which may never be built, is operating; it's pretty much 50, 000 per year, but not payable until hotel opens? I don't know if that's how the Commissioners value its low-income constituents. Perhaps they should know that that equals to about two low-income apartments per year at some point in the future, but not when this is done in exchange for giving away this precious land that Miami has. For me, it's a short-term, perhaps, impact. I have a 14 -month-old son that will live this impact for a longer period of time. I wish we can have a little bit more time to come to a meeting of the minds so that everybody benefits; they benefit, the community benefits, and the residents, for a long time to come. It's a prime, prime location. Let's work together. Joanne Pierre -Louis: Hello. Good morning. My name is Joanne Pierre -Louis. I currently reside at 1701 Northeast 143rd Street, Miami, Florida 33181. I am here to support Jungle Island and SP. 1, SP.2. And I began working at Jungle Island about 13 years ago, and as a sales associate. I was not really sure what I wanted to do with my life, and I came here. I thought it was just a part-time job, and then it fostered a love of science -- ornithology, herpetology -- and I did not expect that, because my parents are from Haiti, I have never been to a zoo until I came to Jungle Island; there was nothing close by. So when I came here and I fostered a love of animals and science, now today I am an animal department manager. And I believe supporting the project at Jungle Island will bring people to the park, jobs to the park; that people wouldn't anticipate what they're exposed to. And I think that's a very important thing for Miami. Thank you. Matthew Lazenby: Commissioners, ladies and gentlemen, good morning. My name is Matthew Whitman Lazenby, 544 Lakeview Court, Miami Beach. My company, Whitman Family Development, is also one of the owners of the retail components of Brickell City Centre here in the great City of Miami. But I'm really here today to talk about my perspective as a resident of the neighboring city. My wife and I both had the privilege of being born here in Miami. We were born in South Miami Hospital, and our memories of attending the old Parrot Jungle in what is now Pinecrest really are near and dear to us. We spent a lot of time there with our parents and our grandparents. And as the father of three young boys, we've developed the same sort of feelings for Jungle Island. It seems to me unique to have a development in the City which both has international appeal to tourists, but is a real amenity to City of Miami Page 6 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 local families. The City of Miami has made leaps and bounds in terms of the progress it's made relative to bringing in world-class attractions that really do appeal to families and to children, and I would urge you to support this proposal before you, because it does just that. And ultimately, if it goes to referendum, you're letting the citizens decide anyway what they think is best for them. So I wholeheartedly urge you to support the project before you. Thank you. Rick Del Vecchio: Good morning, Commissioners. My name is Rick Del Vecchio. I'm the president of a non-profit called Friends of the Japanese Garden. Since 1984, we've worked with the City of Miami to produce events at the Ichimura Miami Japanese Garden, which is located right next to Jungle Island, and I'm here to speak in favor of SP.1 and 2. You know, Iconic Attractions has a track record of being a good community partner, no matter where they've worked, and they've proven it to me when Hurricane Irma hit. They -- even though they were devastated, as well as the Japanese Garden, they put their crew together to clean up the Japanese Garden, which enabled us to put on events -- one -day festivals, which is what we do - - in November 2017, January 2018, and May. And I think the one in November is probably one of the first events at a city park where we actually had a really good festival and a great turnout. We wouldn't have been able to do that unless Jungle Island stepped up to the plate and cleaned up the Garden for us, because the City was overwhelmed. In fact, the marina, as you know, is still out of commission. With that said, just to repeat, we're looking at a long- term venture here, where they're going to create shovel -ready jobs -- real shovel -ready jobs -- immediately; and then once the hotel is built, jobs to maintain the hotel, as the folks from Local 355 had mentioned. And I really believe this should be approved and go to vote to the citizens, and I thank them. Plus, on a selfish note, just so we're above board, they have earmarked $700,000 to help renovate the Japanese Garden, and I think that's very admirable, because it certainly can use it, and I know the City is strapped for money. So we would hope that you approve this and get it on the ballot in August. Thank you. Linda Barrocas: Good morning, Commissioners. My name is Linda Barrocas. I'm a resident of 1000 Venetian, and I can see, you know, the conceptual support for this project. However, all we would like is -- to know is what is the rush? Why doesn't the City take its time to learn about this project? And as it -- and why -- as it would any other project? Not only is this Commission uninformed about the most elementary aspects of this development, but this Commission is preventing the voting public from becoming familiar, as well; and worse, it is asking the public to vote on information that is incomplete and has not been evaluated by the City properly. I wonder if the voting public knows that the City is not collecting any rent from the developer on this public land for at least 13 years, and only at that time does the 250,000 approximate rents start. And interestingly, the developer will not pay the 1.2 million rent referenced until the hotel is actually built and considered to be stable, which could be never. Look at the wording that we are going to have on the ballot, and that's what we're referring to. Therefore, we are requesting that this Commission delay placing the ballot on the August referendum until the Commission has been able to do the proper due diligence on the project on behalf of the citizens. Thank you. Debora Arditi: Hi. Good morning. My name is Debora Arditi, and I live in 1000 Venetian Way. I am compelled to be here because of how negatively this project will affect the community. What you're going to decide today could destroy the quality of our lives; not only to the neighbors that are present here today, but to the 610 people that voted our petition. These people live mainly in Venetian Causeway, Star Island, Palm Island, and Hibiscus. We have talked to them one by one, and they all share our anger, and they share our despair. Why could someone that will go the park twice a day will decide about our lifestyle? Venetian Causeway is a quiet, beautiful neighbor. The Venetian Causeway was listed in the National Register of Historic Places in 1989. This is how you're willing to preserve an historical place? Tranquility is what makes Venetian Causeway special. This tranquility does not come for free. Us residents pay millions and millions of dollars to the City in property taxes. All these taxes are worth, because we live in a quiet, beautiful neighbor, surrounded by water and trees. This is the Jungle Island we see from our Venetian Causeway. So -- and this is similar to what we City of Miami Page 7 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 can end up seeing if you approve this project. The Jungle Island Expantial [sic] will become a nightmare. It will bring drastic change in all the community lifestyle, and we're not willing to let this happen. Silence will be replaced with cows and noise that comes along with the Venture Parks. Nature will be destroyed and replaced by an artificial lake and zip lines. We learned the Treetop Trekking is the second aerial attraction company -- Chair Hardemon: Ma'am, your time has expired. Ms. Arditi: I'm going to (UNINTELLIGIBLE). Chair Hardemon: Ma'am -- Ms. Arditi: -- aspect of the proposed park. Okay, I'm going to (UNINTELLIGIBLE). Is this aware -- Is the City aware that the beach club operator proposed to Jungle Island is a convicted felon who served seven years in prison in -- Chair Hardemon: Your time has expired, ma'am. Thank you very much. Eva Ritvo: Good morning. Chair Hardemon: Good morning. Ms. Ritvo: I'm Dr. Eva Ritvo. I also live at 1000 Venetian, and share the distress of my neighbors. We did select that space because it is a very quiet, tranquil space in Miami Beach. But I'm not here to talk about that. I'm only here to talk about one issue, which is this August referendum. As a voting citizen, it seems to me to be very rushed and a very inadequate democratic process, because we have not seen the plans. There has not been enough due diligence. We have not been informed of what they're going to undergo. And as you can see, this impacts us greatly. We've selected these homes, and many of us have lived there decades, and we have the right to know what's being proposed. So my request today is very simple. I'm hearing two sides of this, but let's at least not put this on the August ballot. It's been rushed- it was put there at the last moment. My request is very simple. Let's delay till November. November, as you know, there's more people in town, due diligence can properly be done, and we can make an informed, educated decision; but not to have this thrown down the residents' throat in August, where most people are not here to express their voice; most voters are not here to express. Thank you very much for your time. Chair Hardemon: Thank you very much. Sir, you're recognized. Michael Gierlach: Hello. My name is Michael Gierlach. I represent City Parking. I understand that you're not taking comments on a prior -- Chair Hardemon: Not at all. Mr. Gierlach: -- agenda item, but I just wanted to make sure that I was on the record as being here. Thank you. Chair Hardemon: Thank you, sir. Marjorie Jonas: Good morning, Commissioners. My name is Marjorie Jonas. I live at 801 North Venetian Drive, and I just want to say just one simple thing. There seems to be a little violation in the lease, the current least. It states that we are supposed to all come to the table; the residents north of the site, which is where I live, and 1000 Venetian also lives there. And we would just like to sit down with the group and discuss it, you know? We're not necessarily opposed. We just want to know what's going on and, you know, what we're in for. And, you know, it is a violation of the lease for them not to do this. And we have asked them many times to come to the table, and they don't. They just don't care, it seems; I mean, maybe they do, but City of Miami Page 8 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 it seems like they don't. So we're just asking for a little more time so that we can come to an agreement, or, you know, we want, you know, the park, you know, a nice park for families and jobs, but, you know, we just want to be in agreement. So thank you for your time. Chair Hardemon: Thank you. Alberto Lensi: My name is Alberto Lensi. I live at 1000 Venetian. I'm concerned about what are the City Code and ordinance and zoning requirement for an Adventure Theme Park on the City near residences. Is the contract the City has signed with Jungle Develop [sic] in line with the ordinance and the zoning requirements? Is the City contract with Jungle based on real complete development plan and structure and entertainment, amusement that would be built on the site, or based just in a presentation plan that can change at any time during development and construction of the Venture Theme Park? Are the elevation for the structure of the building and the amusement structure respecting Code and zoning? Are all necessary covenant and agreement as for the City and County law approved and reflected on the lease signed with the developer? Traffic noise and (UNINTELLIGIBLE) would be -- interfere with the quiet enjoyment of the property and the residents on the building near us. We know that 1000 Venetian is only 750 feet away from the Jungle project. Should be any development for Jungle project, neither the approval from the nearest residents at 1000 Venetian that is only 700 feet away, and in concordance with law for Adventure Theme Park so close that will damage forever the unit of the building, enjoyment, and financial value of their properties. Adam Koffler: Commissioners, my name is Adam Koffler. I live at 1000 Venetian Way, and I'm the appointed representative, the chair of our Jungle Island Committee from our condo association. I also come here with 30 years of experience as a hotel developer. My remarks will be short, but if I can be obliged an extra minute, that would be appreciated. Our findings have been alarming. And quite frankly, I appear before you today gravely concerned about the preservation of our legal rights under the existing lease. The existing lease explicitly provides for the accommodation of the concerns of the neighbors to the north. We have met with ESJ on a few occasions to advance our concerns. The first was noise, due to the proximity of our building. We agreed with ESJ to undertake a noise study together, and ESJ reneged shortly thereafter. The result is a sound study grossly erroneous and falsely premised, and funded by ESJ, and it is on your public record. We have been kept in the dark by ESJ, as has the City. Our recent request for public records produced no plans of any meaningful nature; no traffic studies; no feasibility study; no nothing. Nonetheless, our homeowners association made it clear to ESJ that we would find a manner in which to support the proposed lease extension and hotel. We offered some concrete suggestions to ESJ, and we never heard back, not a word. It is abundantly clear that our concerns are simply a nuisance to EV,- not to be taken seriously. As a third party beneficiary to the existing lease, the law is on our side, and we will take all steps necessary to preserve our rights under the law and the lease. We are hard-pressed to know why the Commission is in a rush to push this project forward. Like us, you have no knowledge of what you or the voters are going to get in the end. You have made no demands for performance by ESJ, and they are praying today that you approve this ballot, as is, as they will have hit the biggest Florida lottery, funded by the voters -- the gift that keeps giving -- for 99 years. We know that nothing in the public record shows review or comment by the Planning Department or the Resilience Officer and other professionals who serve to ensure proper planning and zoning, proper health and safety, and the City's fiscal integrity. It is evident in the ballot language proposed, before you today, that this project has not been vetted. In this case, given the lack of information, specificity; lack of due diligence, you nor we know what we are being asked to vote on. This ballot language allows for the construction of a hotel. It does not require the construction of the hotel. So those people in this room talking about jobs, you're under a false promise. We don't know if the developer is ever going to build a hotel; they're not required to. Itis misleading to the voters. The ballot language does not speck a 300 -room hotel that ESJ has been promising. There's no limit on the number of rooms, no limit on the size of the footprint or massing. This ballot language does not reference a family friendly -- City of Miami Page 9 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Chair Hardemon: Sir, you asked me for an additional minute. I gave you two. Time flies when it's -- when the light's on. It's not -- Mr. Koffler: As the Chairman -- Chair Hardemon: -- I'll let -- Mr. Koffler: -- can I please --? I'll just be another moment. Chair Hardemon: -- him finish. Mr. Koffler: Thank you. Chair Hardemon: As I understand, you're representing a group ofpeople -- Mr. Koffler: Yes. Chair Hardemon: -- is that correct? Mr. Koffler: Thank you. Chair Hardemon: Understood. Mr. Koffler: Most appreciated. This ballot language does not reference a family friendly theme hotel that many of you are speaking about today that ESJ has been promoting. It can be any theme or no theme. This is a false promise to the voters. This proposal does not serve the best interest of low-income community, like many of -- you are referring to. They have no obligation to fund 500, 000 to low income, and no obligation to fund 700, 000 to the Japanese Gardens -- none -- unless they build a hotel, which they have no obligation to do. And the ballot language reads that this would be -- As the ballot language reads, this would be the biggest land giveaway by the City. The developer will get unlimited rights and could flip the property, leaving the City with more smoke and mirrors. Lastly, the public is uninformed. Many residents are away, starting their summer holidays; others simply have not heard about it. This 99 year commitment by the City merits an informed public. Do not let the ballot language mislead the voters into a bad deal. We, the residents of 1000 Venetian respectfully request that this item be deferred so the issues can be addressed, and the public properly informed. Thank you. Chair Hardemon: Thank you, sir. Jason Chatfield: Good morning. My name is Dr. Jason Chatfield. I've been working at Jungle Island for almost 10 years. I've been a licensed veterinarian for about 15 years. I want to specifically address some concerns that have been brought up as it pertains to sound and environmental concerns with this project. Let me assure everyone in this room that my number one priority is the health and safety of all the animals at the park, and we never had, and expressly never will allow any environmental concerns, such as sound, to be excessive, to the detriment of any of the animals there at Jungle Island. So I think this project is great, I am fully supportive of it, and I just want to thank you guys for your time. Chair Hardemon: You're recognized, ma'am. Sharon Kirby Wynne: Good morning. My name is Sharon Kirby Wynne, and I live at 801 North Venetian Drive, on Biscayne Island; right across from the Jungle Island site, next to 1000. But I -- my question is, what is the rush? We had a meeting with ESJ before the hurricane, and they talked about they knew that the hotel was not necessarily the big concern; it was the zip lines; it was the noise; it was the over -water nightclub and restaurant; that we're going to have noise in both 1000 and 801, night and day. So we need to know -- we need City of Miami Page 10 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 clarity on what is exactly going to go there, and when it's going to go there. We would like to have a meeting with ESJ,• meet with them and the Commissioners, and find out exactly what we'll be getting in and what the residents of Miami will be voting on. So, please, try to postpone this to the November ballot so at least we have some time to discuss this and find out exactly what's going to be presented to us on the Venetian Islands. Thank you. Dana Rosenberg: Hi. Good morning. My name is Dana Rosenberg. I'm the current Director of Education at Jungle Island. Prior to working at Jungle Island, I served their community for two years with Teach America. I taught in Little Haiti. And I also served two commitments to AmeriCorps so that I could also work in the inner city. The reason I'm here today is to talk to you about why I support Jungle Island's mission. This position allows me to serve not just the 30 students that I would serve within my classroom in a year, but now I can serve thousands of students. I've heard a lot of people today question the nobility of Jungle Island, and whether or not they have concerns for inner city and our community, and I can assure you that it is my primary goal to make sure that our Education Department serves these communities. Thank you. Robert Zimmerman: Good morning. My name is Robert Zimmerman. I live at 1000 Venetian Way, Miami. And last night I read the Miami Herald article about this, and I just don't understand sometimes how things get where they do in the City. They want to extend their lease into the next century. We'll all be dead, and they will still have this lease. How does that make any sense? It's a totally unproven concept. They should make the park work, and then they should build the hotel. The ballot language, it's not telling people, "You don't have to build the hotel. We're saying you have 10 years. Fine. Take your time. You want to build it, build it; if you don't, don't." And that's wrong. And if this goes on the ballot, I'm going to do everything I can to make everyone vote against it. This is just unconscionable. And this park, it has a cement pond, a crystal lagoon -- whatever you want to call it; zip lines, a simulator of skydiving. I mean, it's not the Frost Museum. It's a country bear jamboree, and a lazy river away from a 1970s theme park. And I am appalled that the Commission is considering voting on this today and not giving this more thought. Thank you very much. Eleanor Kluger: Good morning, Commissioners. My name is Eleanor Kluger. I'm a very long-time resident of Miami. I now live at 1000 Venetian Way, Apartment 2001. But before all of this, I have had businesses in the downtown. Many of the Commissioners do know me, as I was the past President of the Omni Advisory Board. In the 1980s and the '90s, Miami was a terrible place to be. We had a business that got broken into constantly. It was dangerous. We could not walk around anywhere without being accosted. We formed the Omni Advisory Board in the 1990s, and found out that we could have a CRA (Community Redevelopment Agency), an Omni CRA; that all taxes after the year 1987 would then -- taxes that are over 1987 taxes -- would stay in the Omni area, and with that, we have raised millions of dollars to help support the City. The City is not that poor. The CRA is quite rich now that all of the hotels and the condos have been built, and all the taxes go into there. Your tunnel was paid for by the CRA, Omni CRA. The train that is coming here, money comes from the Omni CRA to go to you. These are things that are good for the City. What you are trying to do now on our park -- The Parrot Jungle should have stayed in the Parrot Jungle, and not come and built a big cement building that nobody really enjoys that costs $35 or more to get into; $10 for parking. It is not a good place to be. On top of it all, I have nightmares about your zip line going there. Have you studied how they're putting it into our nice sandy soil? Do you know who's building all of these things? Do you know anything about it? It's very dangerous; a hurricane comes, and blows that thing down. You know, we built you a nice park, Margaret Pace Park. We had to have the thrones that are put in there weighed to find out if a hurricane would blow them away. But what about you and these zip lines that are 50 feet high, and that are going to go from one end of the island to the other, right in front of my condo? They can build eight or 10 of them, also. Thank you very much. Please defer this vote until November, I beg you. Chair Hardemon: Thank you, ma'am. I'd like to recognize our dear Mayor Dan Gelber of Miami Beach. How are you, sir? What brings you to this side of the water? City of Miami Page 11 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Mayor Dan Gelber: Well, we're all on the same side. Thank you, Mr. Chairman and members. And by the way, I'm not in the habit of coming to other legislative bodies to tell them what to do. And I'm not going to tell you what to do; I'm just going to give you my thoughts and concerns. And I thank you for the opportunity to speak, and I'll be pretty brief. So we share, obviously, this causeway. And from our point of view, the concerns that I think I would have and would just relate to you is that this artery is really becoming problematic in our -- in both of our communities. I suspect as many Miami Beach residents come to Miami as vice - versa. I know I come every day, almost, to my office in the City of Miami. And we haven't really figured out what we're going to do with that yet. Our transit plans are unformed, and are changing regularly. And the concern I have is that I realize you're just putting it on the ballot, but I know when I have ever put anything on the ballot, there's almost an implicit support of it, because you felt that it's something the citizens have to decide. My concern is that if you put this on the ballot now, before we have a sense of what this capacity is going to do to one of the most important causeways, literally, in our county, it would put us in a position for not just a couple years, but almost -- I guess this would be a century, almost, that you're making a decision on, and that's the concern we have. So I'm not here to raise my voice and demagogue. I'm just here to say the concern we have is that this is an artery that has a capacity issue already that is suffocating both our economy and a lot of our residents on both sides. And I would just hope that before you make that decision, you'd -- there'd be a little bit more out there about what this might do on those issues, and I don't think it's known right now, and that's why I think I disfavor putting it on the ballot in August, and that's all I wanted to say. And I appreciate the opportunity to come over and say -- to your beautiful city to say hello. Chair Hardemon: Thank you very much. Commissioner Carollo: Mr. Chairman, if I could put in the record that while I came in just a few minutes ago, most of the comments that have been made, I've been listening to them from my office, so I just want to put it in the record. Chair Hardemon: We have televisions in the back; trying to let people understand that. Commissioner Carollo: Yeah, we do. Chair Hardemon: Even when we walk away from the dais, you can hear us. Commissioner Carollo: I don't know if we had them back in prehistoric days when I was here before, but we do now. Morton Ehrlich: Good morning. Thank you for the opportunity to spend a few seconds with you. My name is Morton Ehrlich. I'm a resident at 1000 Venetian Way. Commissioner Gort: Bring the mike up. Mr. Ehrlich: My name is Morton Ehrlich. I'm a resident at 1000 Venetian Way, and I'm an economist by profession. I don't want to repeat what's already been said, both pro and con. I understand where people are coming from. But in reading the propositions, I have never seen in my professional career such vague language on something that is that important. It looks so rushed that when you read it, you just can't quite understand exactly what's being sold and what's being committed to, and what's being bought. I'm struck by the length of commitment that the City is prepared to make in terms of the -- this property, with absolutely no commitment, whatsoever in terms of timing as to when the property itself would be developed, particularly the hotel. I mean, I can visualize getting this thing possibly approved with a lease in -- almost a hundred year lease, nothing gets built, and the property gets flipped within months. There's nothing in the proposition that commits ESJ to build anything at any time; very, very disturbing. The other thing that I have to add is there's really no sense of the City of Miami Page 12 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 commitment to the surrounding community. Certainly, I understand the issue of jobs, but remember, those jobs aren't going to be created in a short period of time, and they may never be created at all. There's no commitment for those -- anything to be suddenly materialized because of a hotel that doesn't need to be built within 10 years. So, you know, you can build a straw man all you want to, but the fact is there's no commitment on ESJ to do anything. The City is prepared to commit to an extraordinarily long lease with actually no strings attached to it, whatsoever. This proposition needs to be delayed a couple of months. Let the City, let ESJ, let the community get together and make something happen where we all can feel that this is -- this could work for all of us. Thank you very much. Wendy Kallergis: Good morn -- it's still morning -- good morning, everyone. My name is Wendy Kallergis, and I'm the President and CEO (Chief Executive Officer) of the Greater Miami and the Beaches Hotel Association. And I sent you all a letter, but I'll just read a brief - - briefly, you know, that we are writing you today to support ESJ JI Leasehold, LLC (Limited Liability Company) Jungle Islands Project to include an eco -adventure park, and a 300 -room hotel. We're very excited for a new and improved park to include the crystal lagoon, the outdoor skydiving, and Treetop Village. The overall project will create approximately 485 new permanent jobs, and we look forward to working with the developers -- and all of you, of course -- to make this world-class attraction a premier family friendly destination. Thank you so much. Kenneth Spence: Good morning, Commissioners. My name is Ken Spence, 721 Northwest 56th Street, Apartment 9, Miami, FL 33127. I'm here today representing the (UNINTELLIGIBLE) Community Development Corporation, and we educate over a thousand kids. We have over five different summer camp programs, so it is my pleasure to voice my support for Jungle Island, because their mission is very similar to what we do as far as the education and development of your kids. And I think that it has to have an opportunity for the - - offer even more to the kids, because that's what I believe our future is, because I look around; even in our city today, I don't see a lot that we have to offer our kids. I don't see a lot of places for them to go, I mean, but -- so we're trying to do something -- I think they're doing something to better educate our kids; give them another outlet; give them the opportunity to -- See, because I know from inner city, we suffer with exposure a lot of times, and I think that the kids in our community especially need to be exposed to different things. And this would give them an opportunity somewhere locally that they can go and express themselves, and be exposed to something. So I stand in support of the Jungle Island Project. Cary Johnson: My name is Cary Johnson. I reside at 29 Northwest 52nd Street. I'm going to be talking about the resolution in the district of Keon Hardemon. And what I wanted to bring up was that there's an allocation of funds of a million dollars for the park impact fees and city park for that acquisition of Number 40B40507. Now, they've allocated this money to go to Hadley Park -- the total park -- but they've somehow came up with the idea of just putting in a football field and a scoreboard and benches and things like that, which is great to have there, but the million dollars that's allocated should also fix the swimming pool and other items that need to be fixed around the Hadley Park area, within the area; not just go to the football field and just certain things, because it needs to have -- certain things that's already existing that's there need to be fixed, also, and it need to be -- That money was supposed to be allocated for the total whole park, not just for a certain new football field and things like that. Chair Hardemon: Sir, I want to tell you something, because you're my family, and everybody who comes from Charles Hadley Park is my family. And I want you to understand that there is a shortfall in the funding for a project that was approved for Charles Hadley Park. A Commissioner on this dais thought that it would be wise to find the dollars to fill that shortfall by putting this item on the agenda. Without this item on that agenda, the item that is -- has a shortfall would not be able to be completed. It's in the same vein as the Samuel K. Johnson Building. There was a shortfall, and it wasn't built for a very long time until that shortfall was filled. Charles Hadley Park has had a long list of repairs that needed to be done, and they've been on that way, on that path. The park pool has been a project that I've taken on personally. City of Miami Page 13 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 I think you notice now that we have diving boards back at Olympic -- at the Olympic pool, and the platform has been reopened to bring it back to its former glory. There's also dollars that have been allocated to level the pool deck to make it something that is acceptable, and not a trip hazard for the City of Miami. We're doing the best that we can to renovate the park. But what I hate to see is for the people who utilize the park to fight against -- or put any doubt in anyone's mind that any dollars that are allocated for the park should not be allocated for the park. Whatever dollars that is there to fix whatever problem that there is, is going to help everyone at Charles Hadley Park; and so, anyone who's here to speak about that issue should understand that. If there are additional resources that's needed, that's something that we can advocate for. And we're never going to fight in front of this dais about dollars that are going to bring a benefit to our park for our community, because there's a misunderstanding about one project versus another. And we're friends. Mr. Johnson: Right. Chair Hardemon: We see each other all the time. And so, I just want everyone who can hear my voice that's from Charles Hadley Park to understand that; that we fight for resources for our community all over this district; every single district. And I'll tell you what, if Charles Hadley Park doesn't want the money, I guarantee that there's another park that'll take it. So, you know, we have to be very careful about how we put things when it comes to filling the budgetary gaps that we have for the people that need it in these neighborhoods. Got it? Commissioner Carollo: Commissioner -- Mr. Johnson: No, I'm not speaking on not allocating the money toward the park. I'm just speaking on -- there's a lot of additional things that need to be done. Before you became Commissioner, Hadley Park had been overlooked, and no monies was coming into Hadley Park, so there's a lot of things that do need to be looked at on the total scale of the whole Hadley Park; not just one certain thing. Chair Hardemon: And I -- you know, I agree with you. And I typically don't get engaged in this type of conversation, but, you know, I grew up on Hadley Park. When we had the back -- well, we called it the box -- it was the boxing gym. We took over the boxing gym and made it a place that we had batting practice, and it was full of asbestos, but that was the best thing that we had, because that was the only indoor facility that we had at the time. So, you know, I've gone through the growing pains where I've had our uniforms stolen when I was at the park. You know, I walked from 6th Court to 13th Avenue to be on the playing fields there every single day. So I know the pain of what's going on in the park. And the park is doing a tremendous amount better than what it used to be. And we're going to continue to grow that park, because we want all of our parks in the City of Miami to be parks that people enjoy visiting, and that people enjoy utilizing for everything that they want to do in their daily lives. And so, you know, we appreciate you coming, but I just want to be very clear that the investment in our public parks is not going to stop with this allocation, if it so passes. Mr. Johnson: And that's what I'm here for; to just say that we need more allocation; not just what this is, but more into the park. Chair Hardemon: Yes, sir. All right. Commissioner Carollo: Mr. Chairman. Mr. Johnson: Thank you. Chair Hardemon: You're recognized. Commissioner Carollo: I got a question for you. I mean, you're a young guy; that's why I want to ask that. Did you have an opportunity to meet Charlie Hadley? City of Miami Page 14 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Chair Hardemon: I did not. Commissioner Carollo: Okay. I doubt if maybe -- Did you meet him back in the day? Commissioner Reyes: What's that? Commissioner Carollo: Did you ever meet Charlie Hadley? Commissioner Reyes: Yes, I did. Commissioner Carollo: Okay. Well -- Commissioner Reyes: As a matter of fact, I did. Commissioner Carollo: Yeah. Commissioner Reyes: And I consider myself a good friend of him, and we used to have a lot of talks together. Commissioner Carollo: Well -- Commissioner Reyes: And we used to go around together. Commissioner Carollo: Yeah. Commissioner Reyes: Yes. Commissioner Carollo: Only us prehistoric guys -- Commissioner Reyes: That's right. Commissioner Carollo: -- like myself, Commissioner Reyes and Gort that were around back in the day. I met him when I was 22, and I first ran -- Commissioner Reyes: "Uncle Charlie" we used to call him. Commissioner Carollo: -- yeah -- unsuccessfully, and then he came to me after that campaign, and he said, "Joe Carollo, I want to help you now. " And he helped me tremendously when I got elected at 24. And Charlie Hadley, he was a great American. He was a great Miamian. He was someone that not only cared about his community, but he cared about all of Miami. I wish there were more people like Charlie Hadley today. They don't make them like Charlie Hadley anymore. Commissioner Reyes: You're right. Commissioner Carollo: And when Commissioner Hardemon brought up the fact that -- and none of us knew that -- there was more money that was needed to finish that park, I immediately jumped out to the impact fees and said, "No, let's not wait for the next regular meeting. Let's put it on now so that can be done quickly," because any park in our city that carries the name of Charlie Hadley has to be a great park. And I have no problem putting whatever funds that are needed to make that a great park, because it carries the name of a great man. Commissioner Reyes: Yeah. If I may, I totally agree with Commissioner Carollo. I have great memories from Uncle Charlie, and he fought not only for his community; also, for the Hispanic community at the time. I'm a Cuban, you see. City of Miami Page 15 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Commissioner Carollo: Right. Commissioner Reyes: I was very grateful of Uncle Charlie. And as a matter of fact, I went to his funeral, and I was there when he was buried. Mr. Johnson: Okay. Thank you. Thank you very much. Chair Hardemon: Thank you. You're recognized, sir. Sam Dubbin: Thank you, Mr. Chairman. I'm Sam Dubbin. I'm the attorney for the 1000 Venetian Association; law offices at 1200 Anastasia Avenue, in Coral Gables. I ask the Chairman's indulgence for -- on time, since the association is a third party beneficiary under the existing lease. And I don't know whether the proponents are going to have, you know, time to make a presentation, but if so, we'd like the chance to rebut, as well, if that happens. I sent a letter to all the Commissioners and staff last night, laying out some of the major issues that we think are imperative for this Commission to consider. You know, Jungle Island has come here with children; they've come here with hotel workers; they've come here with Jungle -- the Japanese Gardens administrator; even the venerable Bill Talbert. But what they don't have right now is the law on their side or the truth on their side. What is before you today is a venerable wolf in sheep's clothing, because until I made a public records request and obtained the actual lease modification that you're voting to approve and that you're asking the voters to approve. I had no idea, and I doubt anybody in this room has any idea that the hotel is completely discretionary for the --for Jungle Island. The actual lease that's being asked to be approved states: "The lessee shall have the right, but not the obligation, to build a hotel. " Now, when the Japanese Gardens man says that these are shovel -ready jobs ready to take place, and $700,000 that's going to be immediately available. He's misinformed, and I have a strong feeling everybody else speaking here for Jungle Island is misinformed, as well, because this is completely at the discretion of Jungle Island, which means that there may not be a hotel; there may not be an increase in rent to 250, 000, much less to a million -one; there may not be $700,000 to Japanese Gardens; and there may not be $500,000 to improve low-income housing. That's problematic from a policy and amoral standpoint, because the public is being misled. It is also against the law, because Florida law requires valid clarity and accuracy. And I've cited cases in my letter to you that says that where the language misleads the public about what the actual effect of the measure is, it's illegal. And that ballot will be stricken by a court, because if you read it, in every -- there's not one word in your resolution, gentlemen, that tells the public that the building of the hotel is completely at the discretion of Jungle Island, and that this increased rent and everything else may never happen; and at a minimum, couldn't happen maybe until 13 years. By the way -- and from the language here, implies that it's required. I mean, I'm reading from your resolution. The Charter -- this Charter amendment will amend 20 -- Section 29B of the Miami Charter, waiving competitive bidding, and approving the -- this modification with the lease with EV,, JI Leasehold, LLC, for an additional 39 years, plus a 15 -year option, requiring Jungle Island to build and privately fund a new hotel and attractions, with a maximum of 130 foot height; to pay additional rent for the hotel of $250,000; increasing to $1,150,000, or 5 percent of gross sales; and contribute $700,000 to the adjacent City park; and $500,000 for low-income housing, with a 3 percent transfer fee of gross sales proceeds, and a 1 percent refinancing fee. Now, the staff who I've spoken to said -- you know -- this is not a flippable [sic] project, because they would have to pay a 3 percent fee to flip this project. But 3 percent of gross sales means 3 percent of nothing. So until that hotel is built and generating money, Jungle Island can flip this project, willy-nilly, and there's nothing the City would be able to do. The City could disapprove it, but they have the right to do that. So what do you --? What you currently have on the ballot for them is an unlimited option for at least 10 years to do something that the members of the public here -- and more importantly, when they go to the poles in August -- they are going to believe that they're voting on something that is going to happen. The language says that it allows Jungle Island to build it, but, you know, the City Attorney said under the Charter, the previous City of Miami Page 16 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Charter amendment didn't authorize a hotel, so you need to have a Charter amendment to authorize to allow a hotel. Chair Hardemon: Thank you, sir. Mr. Dubbin: That clearly implies that this is something that is going to happen, because everything else that follows from that ballot language makes it look like it's mandatory. Chair Hardemon: Thank you, sir. Mr. Dubbin: There are some other legal issues that I just -- you know -- that I'll -- if I would have the opportunity perhaps to respond to other things that are said -- Chair Hardemon: Your -- Mr. Dubbin: -- then, you know, we would appreciate that. But the last thing is, is that this does not generate fair market rent to the City, as well, and that is a violation of the City Charter. Chair Hardemon: Thank you, sir. Mr. Dubbin: Thank you very much. I'm sorry, I put into the record -- and I'd like to have it noted that I put into the record -- the letter dated June 7 that I circulated last night to the members of the Commission -- Chair Hardemon: Duly noted. Mr. Dubbin: -- as well as -- and attached to that is a sound study by Brooks Acoustics Corporation, dated June 7, 2018, and I -- if I could just take one minute on this, Mr. Chairman, because it's important --7 Chair Hardemon: You've already taken four minutes -- Mr. Dubbin: I understand, but -- Chair Hardemon: -- so what I'm going to ask is that whatever was -- supplemented the record is in the record, and if there is a need for you to come back up, you may have that opportunity to come back up. Mr. Dubbin: Thank you very much. Chair Hardemon: Thank you. My dear friend. Samuel Latimore: Good morning. My name is Samuel Latimore, retired professor. I live at 937 Northwest 55th Street, Miami, Florida. And I am appearing before the Commission this morning, not as the President of the Hadley Park Neighborhood -- Charles Hadley Neighborhood Association -- drop the 'park" -- because request for our services had expanded the entire Model Cities area. People were calling us for assistance on various things. I've always supported my Commission, as you all know; that I've not come down here begging for anything. I've not come down here fussing and arguing about things at any time. But the SP.3, 4236 is a resolution I cannot personally support, and I want to distinguish my association with the Charles Hadley Neighborhood Association. When we saw that a million dollars of budgetary money was going to be allocated to Hadley Park, we exalted, because we felt that money would address issues of the pool, the Samuel K. Johnson Center, the Carrie P. Meek Center, and all aspects of the pool. When we went online and found out what was addressed in that, we became naturally concerned. We were not involved in the negotiations regarding that in terms of artificial turf. We would have loved to have sat down and looked at what was City of Miami Page 17 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 proposed to offer some suggestions about what we had been recommending for years, and to have some part in the process. We did not have any part in the process. A number of us have lived in the community 50, 60 years; have had participation in the process. We would like for you to delay action on this and -- until we have a chance to see what the dollars are allocated for. I think that's responsible and fair. We want to know how much money is being spent for the categories that are going up. How much money does the artificial field cost? How -- what are these new bleachers that are not over where we use them? And I don't think that's an unfair position to ask. It involves the constitutional issue of: "Do we have any say in what happens to our community?" And to allocate that amount of money without any description of what you're going to do with the money is, in my opinion, not in the best interest of my community. I've talked to my neighbors; I've talked to a number of other folk who just want to delay so we can get a breakdown of what those dollars are going to be spent for, because we have some projects that have been pending for two, three years. The commercial kitchen, where we feed hundreds of seniors on a daily basis -- on a weekly basis -- Chair Hardemon: Mr. Latimore -- Mr. Latimore: Yes, sir. Chair Hardemon: -- your time has expired. Mr. Latimore: The -- Chair Hardemon: It went off a minute and 20 seconds ago. Mr. Latimore: Okay. Chair Hardemon: But I'll -- you know -- look -- Mr. Latimore: I understand. Chair Hardemon: --the projects -- Mr. Latimore: I understand. Chair Hardemon: -- if you get with Parks and Recreation --I seethe Assistant Park Director is here. Mr. Latimore: Okay. Chair Hardemon: The project -- it's very clearly identified what the resources will be used for. She can show you exactly what the project is. It was approved some time ago. So this is merely an allocation to assist with the funding of thatproject that was unanticipated to have -- Mr. Latimore: Okay, I will do that. But I would love the time that he had. Chair Hardemon: He's -- see, you came in a different capacity. Had you come as the association President, I would have given you more time. I know -- Mr. Latimore: A citizen. Chair Hardemon: -- you came as a citizen. You're recognized, sir. Michael Poller: Thank you. My name is Michael Poller. I have been a volunteer at the Japanese Garden for more than 10 years. Recently, since the gentleman at ESJ took over, we have had a very good relationship with the park. They were the first people that ever approached us, offering corporate assistance. And they have made your city park one of their City of Miami Page 18 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 priorities. As I recall, this item was moved from last August and put off so that the community was able to have these discussions. And I know I've been at meetings, and I've seen renderings, so this information has been out and about. And if I can just tell you, in working -- again, as a volunteer there -- the folks at ESJ have never promised us something that they didn't deliver. And if they're telling you they've got the money to start this thing right now, they do. And if they're telling you they're going to do it, based on my experience, they're going to do it. Thank you. Chair Hardemon: You're recognized, sir. George Stalk: Commissioners, my name is George Stalk. I'm a resident of 1000 Venetian Way. What is really clear in the proposed ballot language is that you're overseeing a noncompetitive bid. And in my experience in managing and participating in bids, there's two circumstances that make sense: one is where the vendor has unique capabilities; and the second circumstance is the vendor's offering sweeteners to the deal that nobody seems to be interested in offering. In this circumstance, it seems like we have exactly the opposite. We have a vendor that doesn't seem to be clearly unique; may not be unique at all. And the sweeteners, for the most part, are from the City to the vendor. And I really think the ballot should be delayed until a competitive process can be managed here, and let's see what really can be done to make Jungle Island a wonderful place. Thank you. Chair Hardemon: You're recognized, ma'am. Vivian Perkins: Good morning. Thank you for hearing what we have to say today about the park. Charles Hadley Park is a very active park. And thanks for inviting us to come. What we want to see happen is more work with the community. I'm Ms. Perkins, 1150 Northwest 49th Street. What I'd like to see happen with the park is to work along with the community to find out just what's needed and to get some ideas before decisions are made -- Chair Hardemon: May I ask you a question? Ms. Perkins: -- to get some input. Chair Hardemon: May I ask you a question? Have you ever gone into the football field at Charles Hadley Park -- Ms. Perkins: Yes. Chair Hardemon: -- the one that's nearest to the fire station? Ms. Perkins: I live across the street. Chair Hardemon: Right. So you do realize that that field has been in the same condition it's been in since --for the past 20 years? Ms. Perkins: Yes. Chair Hardemon: You also realize that the gate that's around the field is dilapidated and broken? Ms. Perkins: Yes. And our -- Chair Hardemon: The scoreboard -- Ms. Perkins: --parking areas are also flooded. Chair Hardemon: -- doesn't work, yes? City of Miami Page 19 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Ms. Perkins: I have a list of things -- Chair Hardemon: No, no, but I'm still -- Ms. Perkins: -- like you. Chair Hardemon: -- I'll give you an example. So what I'm trying to express to you is this: We doubled the amount ofparking at Charles Hadley Park when we expanded the parking lot. Ms. Perkins: Yes. Chair Hardemon: They did that. Ms. Perkins: Yes. Chair Hardemon: All right. Ms. Perkins: Thank you. Chair Hardemon: They built a totally new facility at Charles Hadley Park that houses the indoor gym, computer rooms, and things of that nature; they did that. Ms. Perkins: Without the children. Chair Hardemon: I don't understand what that means, but the Carrie P. Meek Center was built on that park -- Ms. Perkins: Yes. Chair Hardemon: -- with -- the board did that -- Ms. Perkins: 1992. Chair Hardemon: -- for the park. We've had new equipment put into the park, playground equipment was put -- Ms. Perkins: Incomplete. Chair Hardemon: -- right. Beautiful playground equipment. We have a pool that's being restored back to its original glory. Ms. Perkins: Yes. Good. Chair Hardemon: I have Commissioners that have parks that, if they showed you pictures of the equipment, the park grounds itself, it's unsafe, it's -- some of it is roped off or taped off. And I'm saying this to you to say -- I'm struggling to understand -- beyond the fact that there seems to be issue with an organization that is on the park that advocates for children who use that field, and typically, seniors who also utilize the park. Besides that, I'm struggling to understand why you would not want to feed the children on that park with opportunities to play in a safe and clean, and beautiful environment. Miami Marlins -- Ms. Perkins: I love that. Chair Hardemon: -- helped -- Ms. Perkins: I love that. City of Miami Page 20 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Chair Hardemon: -- us improve upon the baseball field that was in the same shape that it was when I played when I was nine years old there at that park. And so, you know, we're making so many improvements to this park; and, really, it aches my heart, because, typically, I would just let these type of comments go. Ms. Perkins: Request -- Chair Hardemon: But it aches -- Ms. Perkins: -- a meeting? Chair Hardemon: -- my heart to hear anyone come and fight against dollars that are going to the park. The association wanted a marquee sign to be out in front of the park, right? Ms. Perkins: Not complete. Chair Hardemon: It's not complete, but those dollars were allocated. Those things -- Ms. Perkins: Yes. Chair Hardemon: -- were granted. Ms. Perkins: Yes. Chair Hardemon: There's so many things that have been approved for this park. Ms. Perkins: Yes. Chair Hardemon: And to hear someone come here and fight against -- you know -- an allocation -- because that's what's happening -- that's supplementing the allocation that's already been made to --for repairs to that space, just because there are other things that need to be done -- Ms. Perkins: No. Chair Hardemon: -- I mean -- Ms. Perkins: No. Chair Hardemon: -- what I would typically do, and I -- the only reason I wouldn't do this is because it's going to hurt those children -- I would take this million dollars and I would transfer it to a park that's -- Ms. Perkins: No. Chair Hardemon: -- closer to Willy Gort. Ms. Perkins: No. Hear me, please. The funds -- thank you. Thank you. What you're doing with the funds, some of the things need to be discussed with the community, because one or two of the items have been taken out, and we don't want to put them back. So we need to talk. Chair Hardemon: I look forward to the conversation. Commissioner Reyes: If my -- I'm going to add to what you said. And more funds should come to Hadley Park, and I'll see to it. City of Miami Page 21 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Chair Hardemon: Thank you, sir. Francine Laibman: Hello. My name is Francine Laibman, and I'm a resident of 1000 Venetian Way and -- Chair Hardemon: How would I read your shirt? Ms. Laibman: Pardon me? Chair Hardemon: What does your shirt say? How would I read that? Ms. Laibman: I can't hear you. Chair Hardemon: Your shirt; how would I read your shirt? What does it say? Emilio T. Gonzalez (City Manager): Could you lower your microphone a little bit? Ms. Laibman: Oh -- Mr. Gonzalez: Thank you. Ms. Laibman: -- it's something about the land and the earth goes around it. Chair Hardemon: Do you speak the language that it --? Ms. Laibman: A little bit. Chair Hardemon: A little bit? Okay. Ms. Laibman: I can't read upside-down though; that's the problem. Like I said, I'm a resident and a property owner on Biscayne Island. And I'm not going to go through what everyone else said. I think that they have never put forth plans to show what they want to do between the hotel and the amusement park; that we cannot put this forward to the public. And you've got to see that; that we have the right to see what they're going to do. From my experience with them over the past 18 months, nothing they say ever comes about. It keeps changing and changing. And Miami has become -- is becoming a sophisticated city, and this is not a sophisticated project. And we should be proud of what we're going to put on Venetian. And this 14 -story zip line is dangerous; not only dangerous from people driving and looking up, but during hurricanes and the construction of it. And if you looked at the water property -- I'm not talking about all the acreage -- I don't know how they're putting everything on this. We're talking about two, 300 feet of water. They're putting boats, zip lines -- I don't know how this is all coming about. I think you ought to look at the plans, or have them put forth really depicted plans, and let the public see it. Chair Hardemon: Thankyou, ma'am. You're recognized, sir. Shelton Allwood: My name is -- I need to get the Commission to hear this. Vice Chair Russell: We're listening. Mr. Allwood: Let me (UNINTELLIGIBLE). I need to address it. My name is Shelton Allwood, and I'm a board member of the Charles Hadley Neighborhood Association. I want (UNINTELLIGIBLE) the position, I think of -- was most of my colleagues. We have not had a chance to have a formal meeting in regards to this, because we found out at the last minute. That is one of our concerns. The concern is not -- We're happy that a million dollars is coming to the Hadley Park. Hadley Park -- we're happy about that. We're happy about the improvements that were made to the Youth Center, and apparently, a football field. What we City of Miami Page 22 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 are concerned about is that a million dollars is a lot of money, and we would not -- the seniors also occupy that area. The other residents -- the Neighborhood Association was not notified about this. So to make a resolution, to come up with spending a million dollars on the park and have no input and no opportunity for us to discuss it is not too good. So I'm recommending that we delay at least a month before a final decision is made on the expenditures of these funds. Thank you. My name is Shelton Allwood. Danita Leavitt: Hi. Good morning. My name is Danita Leavitt. I reside in Miami Beach. I am also the former commodore of the Miami Yacht Club, and a real estate investor, mostly in Keon Hardemon's district. I am here in support of Jungle Island. I'm not here representing Miami Yacht Club; just myself, as a concerned citizen. I appreciate the work that ESJ has already commenced on that site. They were tremendously helpful for us next door as their neighbor, the Miami Yacht Club. They helped us in the hurricane cleanup, watched over us like -- John was great. They looked out for us during that storm, and helped us afterwards with the cleanup. I'd really like to see this project go to the ballot and be voted for. They are already working. We see the changes every day. When I go visit my yacht club, I look next door, and I see the work that they already started. I think it's going to bring a lot of jobs to the community. I think it'd be very good for the area. Thank you. Christopher Gould: Good morning. My name is Christopher Gould. I live in Broward County, in Plantation, and I am currently the Managing Director of Jungle Island; been there in that capacity for a little more than three and a half years, and I run the day-to-day operations of the park; not running the development project. And I just want to speak a little bit about the community involvement of Jungle Island, which was very strong under the previous ownership, and I can say that under ESJ, it has been supported, and really brought into the DNA of what we do every day. And what I mean by that is that we are continuing to see tens of thousands of school kids a year at deeply discounted prices; that we're seeing thousands of needy school children from the City of Miami, at no charge; and that we're deeply involved in nonprofits that are supporting all of these causes. And because of our financial support, because of our in-kind support to these organizations, you know, we -- myself and some of our executive team are recognized, and serve in volunteer capacity with groups such as the 5,000 Role Models of Excellence Project; the Academy of Hospitality and Tourism, supporting students interested in hospitality careers; the Academy of Health Sciences that work and get exposed to our veterinary team; to the Miami Dade Culinary Academy at Miami Dade College. These are all things that we're working to support through work, through money, and it's part of what we do as our core values. Thank you. Vice Chair Russell: Do you want the hand-held mike? Commissioner Reyes: You want a mike? Vice Chair Russell: He's got it. He's got it. Ms. Arditi: I would like to take one minute to tell everyone who Kerry is. Kerry Gruson is a 70 -year-old retired journalist, a philanthropist, an activist, a racing sailor, a scuba diver; and most recently, an endurance athlete, on her way to her third Iron Man. She's severely disabled; the result of a violent attack, seeking to know the truth of the Vietnam War. Kerry never allows her disability to define or determine -- or deter her from pursuing her life's adventure. Her mission is to show kids that, as a team, being differently able doesn't exclude you from anything. I would strongly suggest to you to watch her documentary, "May I Help You?" that won four Emmys last December. Kerry moved to Miami in 1976, and she has lived in 1000 Venetian since 1984. Kerry -- you can speak to her after that -- she has a very, very -- "bajita" -- low voice, so I'm honored to speak on her behalf. This was written by her last night, and she forwarded it to me, and she kept on correcting it during the whole session. Kerry says, "I am not here to oppose fund for our kids. I'm not here to oppose economic opportunities for residents. Having said that, how can the Commissioners ask the public to vote on a project that neither you nor the public know anything about? We have zero transparency. We are City of Miami Page 23 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 lacking all the basic elements of due diligence. There's no feasibility study, no architectural plans; no traffic studies on how one million visitors will impact the City, and access from and to Miami. These Commissioners have no idea what the City's going to end up with, if anything. The Commission would be asking us to proceed blindfolded, and setting the public up for another failed development. We need facts and answers first about this project before you make your decision. My life has been dedicated to the search of facts and truth, and that is why I'm disabled. I plead you, I beg you, do not rush this deeply flawed measure onto the ballot. First, we need information." Vice Chair Russell: Thank you. Ms. Arditi: You want to say something else? Kerry Gruson: Thank you. (UNINTELLIGIBLE). Ms. Arditi: She says, "Thank you. " Vice Chair Russell: Thank you. Thank you for coming. Ms. Arditi: Okay. I encourage you to talk to her sometime. Ryan Jacobs: Hi. My name is Ryan Jacobs, and I'm the Director of the VIP Tours at Jungle Island. And I just wanted to say that I am grateful for everyone who spoke up today. We are committed to all things about conservation and helping our community, and I ask that you just give us a chance to prove it to you. We won't fail you. Thanks. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. We -- I think we go back to the same point as we have done lately in the last almost six months that we need to just make sure everybody knows and understand what exactly we giving up, because in the end, it's not just about a lease; it's about our property as the citizens that belongs to the City, and how that is going to just get better money for everything. Sometimes we got blinded, because we are getting a donation, or they are going to be giving low rate tickets for our kids. But if they cancel the lease and they don't have no more to give, believe me, the rates will be lower, because they are not lower when you go there; especially for those who doesn't have much. One other things I just want to mention -- I know Commissioner Hardemon is not here - - but I have several residents do live in his district that they are reporting that Lincoln Memorial Park Cemetery and Evergreen Memorial Park Cemetery, there are -- some graves have been violated by people, supposedly using the head for Santeria. And we're not saying that it's something that the City, hopefully, has already received a report that there are -- some of those graves have been violated. I hope they do; if not, that's one of the reasons I'm standing in here with you guys, because some of those neighbors, good friends, are concerned if the City hasn't done anything about it yet, until this morning when I spoke with them. I hope that you guys, the City Police Department and the Commissioner Hardemon take, you know, a little look of it, because this is the two older cemetery in our neighborhood, and they need to be taken care of. And another thing is please just keep in mind, all park needs money to improve, and I hope Commissioner Carollo is listening to it, because Jose Marti Park need help. Thank you. I was looking for you. So I -- Commissioner Reyes: I was going to answer for him. He already got some funds for it. Ms. Betancourt: And the reason I ask the question is because sometimes, you know, us, as a resident, don't know exactly what you guys are doing behind scenes, and sometimes miscommunication is what it leads to, a lot of problems. So I know that Shenandoah is already doing a meeting in the 19th, so we are -- need parks for our kids, and that will help us eliminate all the drugs there around the park, when the same time, give something to the kids to entertain them, especially now. As you can see, I have my 11 years -old with me, because until August 20, I'm going to have a partner, voluntary partner; no payment, whatsoever. City of Miami Page 24 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Commissioner Carollo: Yeah. So you will know, Brenda, I have assigned a sizeable amount of funds to redo the whole playground for the kids' area. Everything is going to be done new, and it should be done before the end of July. So that's all going to be new. I think there's over $600,000 or so is going to be spent on that. And there are additional dollars, significant dollars to do other things in the park that I've -- recently have assigned. So those are the things that I think are important for a community. I think you've seen how we've cleaned up almost entirely -- Ms. Betancourt: Yes. Commissioner Carollo: -- all the homeless that were --we probably had over a hundred people there. Ms. Betancourt: They have been. Commissioner Carollo: And it was a scene that you shouldn't have in any American city; people sleeping, like this is the fifth world -- not the third -- fifth; kids playing baseball in the park, and they're urinating out in the open, drugs, sex, intense. It was a very unsightly scene, but we immediately jumped on that and -- Ms. Betancourt: Just a quick question. Any plans to have a soccer field in Jose Marti Park? Commissioner Carollo: We're working on that, too. That's going to be the next phase under the other part. We -- in fact, we met maybe a month or so ago with the Parks Director to look at that to see how we could put some soccer fields in that area there. But I got news for you. There's going to be even more soccer fields a little further in East Little Havana, because there are new properties that are going to be bought for our parks, and not small parks, like in 12th Avenue; sizable parks that could be anywhere from 25 to over 30, 000 square feet in size. Ms. Betancourt: Really glad. Thank you. Commissioner Carollo: Sure. Vice Chair Russell: Is there anyone else here for public comment? Yale Brown: My name is Yale Brown. I live at 37 East Star Island Drive, Miami Beach. You guys have a very difficult issue to mull over. I don't think anybody objects to a family-oriented destination; I certainly don't. I live in the area. Everybody wants to have more employment in the City and in the County. I guess the biggest thing that I'm concerned about is what our Mayor talked about a little earlier, and that was the transportation problem. We just spent six years and millions and millions of dollars building the tunnel, and having a great deal of inconvenience in that, during that period of time, in order to try to let up some of the traffic hassles at 395, Route 1, and McArthur Causeway. I haven't seen or heard anything on a traffic study, on what the incoming visitors would do, what the parking situation would be, and how all this would be handled. Quite frankly, every other time I have seen anything in Miami Beach or Dade County about a new development of this sort, we've seen extensive trajfc and parking studies. I haven't seen anything on this. So I'd ask that before you make a decision on it, you at least have some sort of traffic study done in order to determine what the issue there is. Thank you. Commissioner Carollo: Mr. Chairman? Vice Chair Russell: Yes. Commissioner Carollo: Could I ask him a question? City of Miami Page 25 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Vice Chair Russell: Of course. Commissioner Carollo: I'd like to get your thought on this. I gather you're from Miami Beach side? Mr. Brown: I'm at -- I'm on -- I live on McArthur -- off McArthur Causeway, on Star Island. Commissioner Carollo: Yeah. It's just a little further. It's still Miami Beach. Mr. Brown: Yeah. Commissioner Carollo: Do you think that when new businesses, restaurants, retail shops, others, or new hotels, or places that are refurbished into new hotels; even the expansion in your convention center, that I don't know where that's at, that that would bring more traffic to the Beach, or not? Mr. Brown: There are -- yes, I do. But there are also alternative routes. Jungle Island is right there on McArthur Causeway. Commissioner Carollo: But I'm talking on South Beach. Mr. Brown: South Beach, yes. Commissioner Carollo: No one is going to be going through a real long way to get to South Beach. They're going to go right through there, because it doesn't make sense, otherwise. Mr. Brown: Well, they use 195, also, but I -- Commissioner Carollo: That's -- Mr. Brown: -- I'm not a proponent on -- Commissioner Carollo: Yeah, but -- Mr. Brown: -- I agree with you. Commissioner Carollo: -- the point that I'm trying -- okay, you agree with me. Thank you. The point I'm trying to make is that, look, if -- and there are many aspects to this being brought up here -- not just that --and why we're asked not to go forward. There are others --different aspects being brought up why we should. But on this one, it's one, frankly, that this is not one of those projects that is going to be so intense in traffic, because by that theory, then we should use the theory that the Beach should not have any more growth, whatsoever, until traffic studies are done. And I certainly wouldn't want to see that happen to Miami Beach, nor have I heard the Beach's Mayor or any of the elected officials there ask for that, because I think it would be wrong. So on that aspect of it -- I mean, this is not one of those projects that's going to bring so, so much traffic that would turn everything around. Frankly, with -- if you combine all the different new growth that South Beach is having, that would bring in as much, if not more traffic, in my opinion, than anything that the new growth in Watson Island could bring, even if the hotel portion is included. But I just wanted to state that, and I -- you know, I wanted to get your opinion on it, and I appreciate it. Mr. Brown: I -- can I -- I just -- can I respond? Commissioner Carollo: Yes, sir, of course. City of Miami Page 26 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Mr. Brown: Okay. Recently, there was a effort by a Miami developer to build a six- or seven - story condominium complex on Terminal Island, and the City of Miami Beach required them to do a massive traffic study because of that, and -- Commissioner Carollo: Well, sure. Mr. Brown: It was turned -- it was -- Commissioner Carollo: Where is Terminal Island? Mr. Brown: Terminal Island is on the -- on McArthur Causeway, there at the intersection of Bridge Road, which would turn onto Star Island on the left; and on the right is Terminal Island. It's where the FPL (Florida Power and Light) Plant and the Coastguard are. Commissioner Carollo: Okay, where the Coastguard Office is at. Mr. Brown: Yes. Commissioner Carollo: And there was a plan to build condominiums there? Mr. Brown: Yes, yes. Commissioner Carollo: Whose property was that? Mr. Brown: I don't remember the -- I can't remember the developer's name at the time. Commissioner Carollo: No, but I said whose -- on whose properties? That would be government property there, right? Mr. Brown: No. There was a property that was owned by a shipping company. Commissioner Carollo: Oh. Mr. Brown: And -- Commissioner Carollo: The first I heard. I was -- Mr. Brown: -- it was luxury condos, seven or eight stories high. And the problem was the traffic studies interfered. Commissioner Carollo: Well, I -- that surprises me, because that area is so narrow there. But, you know -- Mr. Brown: You have trucks and things going in there, also. Commissioner Carollo: Well, sure, sure, yeah. Mr. Brown: Anyway -- Commissioner Carollo: And then you have all the people going to the ferries for Fisher Island. Mr. Brown: For Fisher Island, yes, yes. Thank you very much. Commissioner Carollo: Thank you, sir. Vice Chair Russell: Thank you. Is there anyone else here for public comment? Seeing none, I will close public comment, and we will go to the agenda. City of Miami Page 27 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 RESOLUTIONS SPA RESOLUTION 4103 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO PREPARE A Real Estate and PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF Asset MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE Management SPECIAL ELECTION SCHEDULED FOR AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR-FIFTHS (4/5TNS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO EXECUTE BOTH AN ESCROW AGREEMENT ("ESCROW') AND THE FIFTH MODIFICATION ("FIFTH MODIFICATION") TO THE LEASE AND DEVELOPMENT AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY') AND ESJ JI LEASEHOLD, LLC ("ESJ") FOR 19.35 ACRES OF CITY -OWNED WATERFRONT PROPERTY, AMENDING CERTAIN TERMS OF THE EXISTING LEASE, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING MATERIAL TERMS: ADDITIONAL IMPROVEMENTS ON THE 19.35 ACRES OF CITY -OWNED WATERFRONT PROPERTY; MODIFICATION TO THE CURRENT REMAINING LEASE TERM ("TERM") OF APPROXIMATELY FORTY THREE (43) YEARS AND EXTENDING THE TERM TO 2099 WITH AN ADDITIONAL OPTION OF FIFTEEN (15) YEARS TO EXTEND THE LEASE TO 2114; PAYMENT OF ADDITIONAL ANNUAL RENT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) INCREASING, ONCE THE PROPOSED HOTEL HAS STABILIZED, TO THE GREATER OF ONE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($1,150,000.00) OR FIVE PERCENT (5%) OF ANNUAL GROSS REVENUES FROM A FIFTY MILLION DOLLAR ($50,000,000.00) HOTEL, WITH A ONE HUNDRED THIRTY (130) FOOT MAXIMUM HEIGHT, SUBJECT TO CITY APPROVALS AND SUCCESSFUL LAND USE AND ZONING CHANGES, AS NECESSARY; PROVIDING PARKING, RETAIL/RESTAURANT, AND MEETING ROOM SPACE; PROVIDING IMPROVEMENTS, REPAIRS, AND MAINTENANCE TO THE ICHIMURA-MIAMI JAPANESE GARDENS IN THE AMOUNT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00); PROVIDING A CONTRIBUTION OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), PAID OVER A TEN (10) YEAR PERIOD, FOR LOW INCOME HOUSING RENOVATIONS IN BLIGHTED AREAS OF THE CITY; ESTABLISHING A REPAIRS RESERVE ACCOUNT; IMPLEMENTING A THREE PERCENT (3%) TRANSFER FEE OF GROSS SALE PROCEEDS; IMPLEMENTING A REFINANCING FEE OF ONE PERCENT (1%) OF LOAN PROCEEDS; PROVIDING A RENT CREDIT TO ESJ IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FOR REIMBURSEMENT OF COSTS RELATED TO SHORELINE STABILIZATION AND IMPROVEMENTS NEEDED AS A RESULT OF EROSION FROM HURRICANE DAMAGE IN 2017; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. ENACTMENT NUMBER: R-18-0231 City ofMiami Page 28 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Vice Chair Russell: We'll take up Items SP.1 and SP.2. Daniel Rotenberg (Director, Public Facilities): Good morning, Commissioners. Daniel Rotenberg, Department of Real Estate and Asset Management. SP.1 is a resolution; City of Miami Commission directing the City Attorney to prepare a proposed amendment to the City's Charter; special election on August 20, 2018; for at least $50 million hotel; 12 -story maximum. But the actual Charter amendment is for the lease extension. And SP.2 is actually the ballot language going forward, so they're related items. I'll take questions that I'm sure are going to start coming. Vice Chair Russell: Thank you, Mr. Rotenberg. And we'll talk about both items at once, if that's all right, if it makes sense -- Mr. Rotenberg: Yes, sir. Vice Chair Russell: -- so that we can entertain questions from the dais to better understand. A lot of folks have spoken today, and I would like the Administration, as well as the applicant, to have a chance to address some of those concerns. I, myself, heard a lot of things that contradict my understanding currently of what is in the ballot language and the lease; and so, I wanted to look at some of those items. Just to bring us up to speed, though, and why we are here -- Is there a graphic of the map available on -- for the screen to show the island? Thank you. Obviously, we wear many hats up here, and our job is to balance all of them, whether it's economic development, green space, traffic, and quality of life issues; and, of course, amenities for our residents. Our hope is that we bring things together that do find that balance, but most importantly is process and legality. And one of the big issues here for me is to make sure that we do not repeat the mistakes of the past with the property just across the causeway there at -- on Watson Island, which is the Flagstone situation. Many, many years, a project promised; didn't come to fruition so far; legal battles and a lot of fights over everything, from the ballot language to the lease language to the timing and the terms and the payments, and the triggers. And I really want to believe that our Legal Department and our Real Estate/Asset Management Department have learned from those in a way that we will have a chance to move forward with something that is much more ironclad and clear; clear to the public, clear to the development, and then clear from a legal perspective. So a few questions I have with regard to this. There was mention about not receiving rent, and some residents had mentioned concern of not receiving anything until a hotel is built. First of all, I do understand and would like to clarify that this does not mandate for a hotel to be built. This referendum is asking the voters if they are open to development of a hotel on this footprint. Am I correct? Mr. Rotenberg: That's correct; along with the lease extension, yes. Vice Chair Russell: So when we say, "along with, " we mean conditional to the building of the hotel. If the hotel does not get built, they do not get their lease extension. City of Miami Page 29 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Mr. Rotenberg: And let me clarify, because the Section SE of what is the proposed amendment says very clearly, "If lessee does not obtain the master permit and TCO" -- Temporary Certificate of Occupancy --" within the timeframe stated in this section" -- which is SE -- "then lessee shall lose its right to develop the hotel, and the lease term extensions referenced in Section 2 and 3 of this modification shall not be effective." Vice Chair Russell: And what timeframe is that? Mr. Rotenberg: They have a four year window from the effective date of the modification to receive permits, and then six years to finish the project. That's 10 years total. At the outset, we expect them to do this quicker, but it's a full drop -dead date. Vice Chair Russell: And if either of those deadlines are not met, they do not get the master permit or they do not -- I'm sorry -- commence construction or complete construction? Mr. Rotenberg: Complete construction. Vice Chair Russell: Complete construction -- Commissioner Carollo: I'm sorry, Commissioner. He mentioned six years; then I thought I heard "10 years." Mr. Rotenberg: No, no. Commissioner Reyes: No, no. Mr. Rotenberg: There's four years of the effective date of this modi -- Commissioner Carollo: (UNINTELLIGIBLE) two years to build -- Commissioner Gort: 10 years. Mr. Rotenberg: There's four years for the effective date of the modification to (UNINTELLIGIBLE) -- to end -- Commissioner Carollo: Right. Mr. Rotenberg: It's four plus six. They have to get their permits within four years -- Commissioner Carollo: Right. Okay. Mr. Rotenberg: -- and complete construction in six, so it -- Commissioner Carollo: Okay. So I misheard "10" afterwards. Vice Chair Russell: Four plus six. Commissioner Carollo: It was just six, you were saying. Mr. Rotenberg: If they take the full four years and the full six years, which I don't think is feasible, but it is possible, it could take a full 10 years. City of Miami Page 30 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Commissioner Reyes: Commissioner -- Commissioner Carollo: But I did hear the 107 Mr. Rotenberg: Yes. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes. And just -- Commissioner Reyes, go ahead. Commissioner Reyes: Yes. To make it clear -- because I heard -- there's a great concern that I have -- I heard, "if the hotel was going to be built. " If the hotel is going to be built. " According to what you're saying -- and correct me if I'm wrong, for me to understand -- is that once this is taken to the voters and if it is approved, they have four years to build the hotel? Vice Chair Russell: No. Commissioner Gort: 10. Commissioner Reyes: Is that it? Vice Chair Russell: That's what I'm claming right now. Commissioner Reyes: Yeah, I want to clam this. Vice Chair Russell: So if you could let me walk through this. I think it'll be clearer once we walk through this. Commissioner Reyes: That's right. Vice Chair Russell: And once we understand it clearly, I need to make sure that it's clear for the residents and the voters. So if you could walk us through very clearly, Mr. Rotenberg. Once the -- once and if the ballot is approved, what is the next step and time frame for that next step? Mr. Rotenberg: Say it goes to referendum and everything passes, it comes back to the Commission for the referment (phonetic) of it. They have to start with their master building permit. They have four years to get their master building permit. Commissioner Reyes: Okay. Mr. Rotenberg: At that point, they have six years to complete construction. Vice Chair Russell: Now, if they -- and in order to get the master building permit, that's where all the steps of due diligence come in from Planning & Zoning -- Commissioner Reyes: Yep. Vice Chair Russell: -- Building -- Mr. Rotenberg: It is all subject -- Vice Chair Russell: -- traffic studies -- City of Miami Page 31 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Mr. Rotenberg: Yes. Vice Chair Russell: -- everything. Mr. Rotenberg: It is all subject to the zoning and everything. Vice Chair Russell: And if they do not get the zoning, or if traffic studies fail to the point that we say this isn't -- this will -- this is an impossibility for this area, or whatever, they would not get the master permit at that point; is that correct? Mr. Rotenberg: That is correct. Vice Chair Russell: So there are conditional items here? Mr. Rotenberg: Right. And it's a very important distinction, because right now Jungle Island does have a lease that exists. So if they do not comply with that, they fall back on their lease, which expires in 2060. Vice Chair Russell: Thank you. And so, that's the point of the question I'm making. So if they miss that deadline of getting the master permit, this has -- it's different than deadlines we've made in the past. This is a pretty concrete and definable item to receive that master permit. Mr. Rotenberg: Yes, sir. Vice Chair Russell: If they do not get it, they don't get the extension, they don't build the hotel -- they no longer have the rights to build a hotel at that point. If four years goes by, they lose that right, and it predictably becomes what it is right now, an adventure park, a theme park; what it is right now. Mr. Rotenberg: Is right now. Vice Chair Russell: Because a lot of what the questions raised and the concerns folks have are less about the hotel and more about the attractions. So the attractions, if I'm not mistaken, by the City's assessment, are allowable under the current lease; is that correct? Mr. Rotenberg: That is correct. Vice Chair Russell: So the issue of the zip lines and the pools, they -- the different things that people come to enjoy that have nothing to do with staying the night there or having a hotel are already allowable under the current lease? Mr. Rotenberg: They're allowable. They are going through the approval process within Zoning, Planning, and Building. Yes. Vice Chair Russell: All right. I'll get back to that in a moment, but I still want to stick to the time frame and the deadlines and what they mean. And so, if they receive their master building permit, then starts a new clock for construction, and that is six years? Mr. Rotenberg: Correct. Vice Chair Russell: So if they do not complete construction within six years, what then happens? City of Miami Page 32 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Mr. Rotenberg: Again, they do not get the lease extensions, and I guess at that point, if they have started to build, they're in default. Vice Chair Russell: They're in default. But there's no clear, step by step, what happens after that point? Does it -- does that hotel person have to be taken down? Mr. Rotenberg: They are required to get their TCO within those six years. If they do not, they do not have a lease extension. Vice Chair Russell: Got it. And does our lease -- it's sad to have to think in worst-case scenarios, but we've been trained to hope for the best and plan for the worst. If they do not -- let's say they are three-quarters of the way through construction and they fail to meet the six-year deadline after receiving the master permit, is there a provision of what happens at that point, or does it leave it pretty much up in the air to --? Mr. Rotenberg: It depends why they have a issue over there. If it's a force majeure, if they get hit by another hurricane, then, you know, it's extended. Any construction project and the planning is the same way. If it's due to them delaying -- I'm assuming they're going to have bank financing involved, because they already do -- we would declare them in default. At that point, they would have a period of time to cure. If they cannot cure, the bank would step in, and the City, as the owner of the land underneath, would step in. Vice Chair Russell: Got it. Okay. So just to be clear, I think that clarifies the time frame and the teeth to which the agreement holds under the timeframe. But, of course, like we said, this is all contingent on them even taking that route. They could choose not to take that route. Mr. Rotenberg: They could choose not to take that route, and just stick with their lease that expires in 2060; that's correct. Vice Chair Russell: Right. And so, we would have the park that we have now. Because I think what we're getting at here is that nobody is begging for a hotel. This is not where this conversation started from. We have a theme park. Its having trouble. It has a new owner. They're getting back on their feet. They're trying to figure out what to do. And the idea came up that if that hotel were there, would it benefit the park, would it benefit the City? And that's where we are, asking the voters if they would be open to that; not, would they mandate that or -- this simply opens the door to go to the next step. Mr. Rotenberg: Its correct. It would be the first time in the history of this park that maybe would be viable. Vice Chair Russell: Yes, and I'd like to make sure from our Legal Department that the ballot language is clear on that. And I've come up with a couple suggestions in a draft that might make it more clear that this is at the developer's option, but I'm still not sure quite how to make it clear that it's all contingent. The lease extension is contingent on them actually performing, because that's not currently clear in the draft I have for the language. Mr. Rotenberg: It only has a certain amount of words you can put in there and -- City of Miami Page 33 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Vice Chair Russell: It makes it very tough and you want to be clear; I completely understand. Does anyone have -- there are so many other things to get into from zip line heights and buffers and noise and different things. Does anyone have any questions specifically about the timing and the deadlines and the repercussions of those deadlines? Commissioner Reyes: I think that you made it clear, you see. They have -- they have to follow certain steps, you know. They have four years to start. And after they start, they have six years for completion; granted, if there is some event that precludes them from finishing, but they could ask for an extension, but I have another question. And I think you made it clear, Commissioner Russell -- but I want it clear -- make it clear in my mind also. If the new ownership decides to remodel the park as it is now -- and I'm -- include the zip lines and all of that -- by right and by the lease that they have now, can they just go through it? Mr. Rotenberg: As long as they're complying with Miami 21 in the lease, they can. Commissioner Reyes: And as far as you know, all those improvement -- all those renovations that they want to do to the park, do they comply with Miami 21? Mr. Rotenberg: As of now, from my understanding, yes. Commissioner Reyes: Okay. Thank you. Chair Mardemon: Commissioner Gort, I know you had some questions. Commissioner Reyes: Thanks. Commissioner Gort: My question is, SP. 1, we're setting a precedent. Are there any --? And I can understand, the facility, why this need the four -fifth to approve it by the Commission without going to the voters, but I have a problem in setting up a precedent that the Commission from here -- If this is passed without telling the people why we needed to do this -- because we have an extension right now, we have the facilities already there, and I think that should be explained to the public. The facilities are already there; that's why we asking for this, but only -- I would like to see only adopt to this project; not set up the precedent that anybody else can come up with a waterfront and it says, could --four-fifth of the Commission can approve it. I have a problem with that. Vice Chair Russell: So the question is why? Commissioner Gort: I have major problems, which I have a lot of questions. Commissioner Reyes: Why do we need a four-fifths in this situation? Can you articulate? Mr. Rotenberg: I'm sure the City Attorney could respond, but this is a Charter -- this is an amendment to the Charter right now. Commissioner Gort: I know. Mr. Rotenberg: And it's only because they are on the site right now. This is City of Miami Page 34 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 a site that has had a financial issue the entire time. Currently, there are three separate loans on the property, and this may be a way to financially help the City. Vice Chair Russell: How many years are left on the current lease? Commissioner Gort: They got up to 1960 [sic] -- Mr. Rotenberg: 42, till 2060. Vice Chair Russell: Okay. And so, you're saying the reason for the four- fifths, the reason to waive the bidding process -- Shall I defer to the attorney on this one? The reason we're waiving the bidding process is because we have a current tenant, a lessee, who's there for the next many years, regardless, under their current lease; and in order to allow for a hotel to be there, they're their option, because they are the current lessee. Victoria Mendez (City Attorney): Right. So we will not be putting it out to bid, because they're already there, but our Charter says you have to put it out to bid, so the only way that we could comply with the Charter is by -- Vice Chair Russell: Is to waive the bid. Ms. Mendez: -- placing it in the Charter and waive the competitive bidding, because— Commissioner Gort: The question -- Ms. Mendez: -- technically, you're not supposed to -- if you have a lease, you're not going to bring somebody else in to build a hotel as a sublessee. Commissioner Gort: I agree. Ms. Mendez: I mean -- Commissioner Gort: The question that I have, if this is passed by the voters, could somebody else come with another property that doesn't have anything, they don't have a lease, and we can -- through four -fifth vote by the Commission, we can grant whatever they want? Ms. Mendez: If it goes to referendum -- Commissioner Gort: Through a Charter change. Ms. Mendez: Right, it would have to be a Charter change. Commissioner Gort: So I would like to see something that would make it exclusive for this event, for this -- I'm not a lawyer, so I'm not going to tell you how to do your job, but this is one thing I'd like to see. Vice Chair Russell: We have this -- actually, this is not a precedent, if I'm not mistaken. If I can continue, Mr. Chair. There are other examples where we've followed this same -- Ms. Mendez: Right. So we did it with Rusty Pelican. We did it with Monty's. We did it with Bay -- Dade Heritage Trust and -- City of Miami Page 35 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Commissioner Gort: Wynwood. Commissioner Carollo: We're discussing -- Commissioner Gort: Wynwood. Commissioner Carollo: -- doing it with the Hyatt. Commissioner Gort: Wynwood. -- Commissioner Carollo: --possibly. Ms. Mendez: Possibly. The thing is, a referendum is a big deal. Like if you get past a referendum, that has to be the -- you know, it's the biggest permission that you could get before you do something, so. Commissioner Gort: No, I understand, but how did we do it? We didn't take in to a referendum with the -- we took the whole thing to the voters, for the ones you mentioned before. Ms. Mendez: Right. And this is going to the voters as well. Commissioner Carollo: Vice Chair? Chair? Chair Hardemon: Yes. Commissioner Carollo: Before I get into some of the other technical questions on the contract, I need to get by this one, which is, out of everything I heard, this is the biggest flag that -- you know, it's waving at me right now, you know, "danger, " and I need a legal opinion from you. Mr. Dubbin here made a statement that our ballot question could possibly be challenged in court and it could possibly be illegal, and this could possibly not go to a vote, or maybe even if it goes to a vote, they could challenge it afterwards and undo it. I don't care to go through that exercise if there's any possibility of that happening. I'd rather do it right here and change the wording here now so that we don't go through that. So for me, before we move forward any further, I need to know if, in the best legal opinion that your office has, we're okay with the language that is before us today, or if we have to change it and amend it in any other way. Ms. Mendez: As drafted right now, we don't think there's a problem with the ballot. We think that it gives enough information for a citizen to make an informed decision, but obviously, there's no pride and authorship, if we think it could be better. Everything can always be better. And if there are any suggestions, we can obviously change that, as you're saying, right here right now or -- Commissioner Carollo: Well, I just -- look, it's not fair to us, it's not fair to the citizens, it's not fair to them to put something -- or should I say, to approve something if there might be legitimate, not frivolous, challenge. It's one thing for it to be frivolous, and I don't know. That's why I'm asking you. And what I'm saying is that I'd rather fix it now or come back in another special meeting, if we have to, and -- you know, next week -- do it right than have any possibility that we're going forward with something that they can win a challenge on. Vice Chair Russell: Mr. Commissioner? City of Miami Page 36 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Commissioner Carollo: Yeah. Vice Chair Russell: Is the -- the question you heard from Mr. Dubbin -- or the suggestion you heard from Mr. Dubbin that might be illegal or violating the Charter, the part about whether or not it's clear to whether or not it's mandatory to build a hotel, that part? Commissioner Carollo: Yeah. Vice Chair Russell: Whether it's optional or mandatory? Commissioner Carollo: That and everything else that he was saying towards that, but I think that's the bulk and the -- of the gist of where he was going to, why he felt it could be challenged. And look, I'm going to say it now. Unless I hear something differently from staff in some of the minute questions I would ask in the financial side, I'm voting for this to go forward. So I'm not playing any games with anyone; that I'm trying to delay this or stop it or anything. I -- and let me, if I can, just a couple of minutes, go a little bit into the history of this. This started when I was a Commissioner. I came back in 1995, November '95, and the Mayor at the time was Stephen Clark. Mayor Clark had done the negotiations with the Administration. He died. I became the Mayor in July of '96. And from up here on the dais, I changed the contract even more to make it better and require the former owners of Jungle Island to provide the City more than the original contract. I now know this, that there is no way -- and I am convinced of this, and I think history has shown it -- that this project, as it stood -- and stands -- can be successful and it not go under and be closed down if we don't go forward with what is being asked. There has to be a different thought process in this. And, you know, someone that -- I remember reading about it at one time that -- you know -- said it from this dais was Mayor Regalado. There has to be a different business plan. The original one, it showed it didn't work. It's not because they didn't want it to work. They tried, but the -- everything changes in life, and whatever they did before that they thought that it could work, it didn't. So I'm looking at this from the City's point of view in the following way: The people that bought the project out from the previous owners, they're savvy businesspeople. They knew what those numbers were. So if they made the wrong business decision, that's their problem. I'm not worrying about that. What I am worried about is, is if we don't go forward with this, there's no way that I could see that this project will survive, and this would close down; therefore, the City, first and foremost, is going to lose monies from that lease. Secondly, there's going to be people without jobs. And thirdly, we're going to lose out on an attraction that I think we need in the City. My original idea at the time when this was first approved in July, if I remember correctly, or approximately, sometime after that, of '96, was that I wanted to even bring Seaquarium on the other side, because I thought the City of Miami needed that (UNINTELLIGIBLE) energy of more of these attractions in our City, and that one could help the other. Obviously, that never happened. We know the story, what went on the other side. But I truly believe that the only attraction like this, the only tourist destination attraction like this that the City of Miami has is this one in Jungle Island, and that what they're proposing to make it more of an adventure park, et cetera, won't make it succeed, and it's the kind of stuff that's good for our City, that will bring additional people; that will give not only our people here, our families, something that's close and good to do, but for the tourists also to spend more money here; not to mention that if the hotel was built with the other components, you'd have close to 500 more jobs that are going to come to our City; maybe even more, after it's all City of Miami Page 37 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 said and done. So these are my reasons that I want to put out why I am pretty certain that I'm voting for this, unless, on the financial side, something comes up that I wasn't expecting or didn't realize was there, and I don't think that's going to happen. But I am very concerned on the language, if there is any solid standing for this to be challenged, and that we stand any reasonable chance that that language could be turned around on us, and we have to start from scratch. Ms. Mendez: So unfortunately, a couple years ago, there was a change to the Charter that gave standing to anyone to sue. Commissioner Carollo: Yeah, but -- Ms. Mendez: So that is -- Commissioner Carollo: -- Madam City Attorney, I'm not talking about that. I know that anybody could sue for anything; it's another thing to succeed. I mean, you know, a ham sandwich could sue if he wants to; it's another thing, you know, if it's going to be able to get the cheese, but that's not where I'm going. I'm going, you know, on -- Ms. Mendez: I don't think there's -- Commissioner Carollo: -- your best opinion. Ms. Mendez: Right. -- a problem -- Right. I don't think there's a problem with it. If the main concern is to make it crystal clear that this can only happen only if they build a hotel, we can move it around to be able to add that, but that's -- I don't think, as drafted now, it needs to be re -- there is no reason that I see that a Court would overturn, because all the pertinent -- Commissioner Carollo: I want to say this on the record, you know. I'm going to go with your legal advice and your legal opinion on this, so if something -- if this is approved, and a majority of my colleagues are in favor of proving this with me, and something happens later on, I want to have it on the record that, you know, I forewarned and I went forward on the legal advice that it's solid, that the language that we put down was solid. Ms. Mendez: Thank you. Vice Chair Russell: May I ask a question? Chair Hardemon: Yes, Mr. Commissioner. Vice Chair Russell: Thank you very much. It was brought up about neighborhood input in the extended lease. Could you help me out, Mr. Rotenberg, or Madam City Attorney? There is a requirement in the existing lease that there has to be neighborhood cooperation of some sort. I don't have the exact wording in front of me. Does that stand and survive even into the extension of the lease, or would it need to be reiterated in order to make sure that the neighborhood to the north has input and possibility? If there's any doubt, I would like to see it added to the lease extension, as well, so that they are still a party, as they will be more affected than ever, the more active the space would get. Mr. Rotenberg: Now, before the City -- before Madam City Attorney answers, I can tell you, Item 14, the inside of our agreement that we're going City of Miami Page 38 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 through right now, the lease is hereby ratified and confirmed; remains in full force and effect; is modified by this modification. In the event of any conflict between the terms of the lease and the terms of this modification, terms and modifications shall govern. The portion dealing with input is not mentioned in this amendment, so it goes back to the lease. Vice Chair Russell: And it survives and it does -- it's not contradicted by anything in the new lease, so the neighborhood will maintain that seat at the table. That's important. Thankyou. Ms. Mendez: Right. We don't amend that portion at all. Vice Chair Russell: That's what I thought. The footprint is something I'd like to look at. And if you could put this map up that's on the screen, so that others could see it, please. What you see here on Watson Island is the triangular space that is all of Jungle Island, and the green space to the north is where all of the current animal enclosures are; and the part to the south, in the middle, there's a smaller part that is the ballroom, and the larger part, which is just the parking structure. So if I understand correctly, in the renderings that we've seen and what's been proposed and what's mentioned in the lease, the footprint of the new hotel would only be limited to that southern portion where the parking lot currently is and the ballroom. So we would not be consuming any green space with this hotel of the park to the north; and also, that park would also become a very natural and large buffer between the hotel and the neighbors. I do recognize the new iteration of that green space will also have noise and such, but as far as the hotel footprint is concerned, because it's not mentioned in the ballot language -- and I don't think we have the space to put it in there -- there's flexibility once this is -- once this would be approved to then move that around. It's not mandated within the lease, if I'm not mistaken; is that correct? It would bene -- Mr. Rotenberg: I have it open, if you want to look at it. It is -- Vice Chair Russell: It would be up for negotiation. It could be moved. And I want to make sure that if we can't solider that here, that it's very much on the record for me that on the way to the master planning process -- master permitting process, I won't be approving any permitting changes or zoning changes that move the footprint of that hotel off of the current concrete structure that's there. I just really want to make that clear and make it clear for the residents that that is something that's not going to change. Is that something that needs to be altered within the wording of the current lease or the ballot language to accomplish that? Ms. Mendez: If you want that to be crystal clear, it needs to be in the lease. Vice Chair Russell: In the lease? Ms. Mendez: Yes. Vice Chair Russell: Okay. Mr. Rotenberg: In the amendment, you mean, because the lease already has Vice Chair Russell: Yes -- Ms. Mendez: What? City of Miami Page 39 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Vice Chair Russell: -- in the amendment to the lease. Mr. Rotenberg: I mean, because -- again, it goes back to what the language says. The amendment and the lease actually does have mitigation of impact on adjacent residential areas. It's in Article 7 over here, and it does mention Sub Item "V" -- Subsection 'A " or 3, At least Sixty -Six and Two/Thirds percent of the Subject Property is to be landscape as open gardens, water, trails, exhibits, posing areas, parks and walkways. " So it is in the original lease. This does have to come back. It's subject to -- very clearly -- Building, Planning, and Zoning. Vice Chair Russell: Yeah. Mr. Rotenberg: So yes, it would come back here for that. Vice Chair Russell: Got it. And that's important, because it's been over a year. This isn't a last-minute, eleventh -hour decision here. This has been a year of discussion with the neighbors and negotiating between the developer and the neighbors of where these footprints would happen, where the lagoons would happen. There's some agreement, there's some disagreement, but there has been -- there have been lots of meetings and a lot of give and take. That's what I had on the footprint. Zip line height has become a bit of a controversial issue. I believe there could be an interpretation that some of the towers could be in excess of what our current lease allows, and it goes to interpretation, perhaps, of what's an inhabitable height -- structure height. Mr. Rotenberg: Yes, sir. Vice Chair Russell: But I've spoken with the applicant, and they're willing to concede to make sure that they're in line with the current lease by any interpretation; is that -- that's correct, right? So that involves reducing several of the zip lines from the 150 feet down to the 50 foot range. Is that my understanding? Mr. Rotenberg: That was our understanding before this meeting as well. Vice Chair Russell: Okay. Mr. Rotenberg: They needed to conform. Vice Chair Russell: So that is a concession on their part, to reduce the height of the zip lines to be -- make sure that they're in compliance with our existing lease. This one -- obviously very important to Commissioner Carollo and all of us -- is rent, and making sure that we are not in any violation of our Charter with regard to the rent that we calculate, even in the worst-case scenario. So my understanding is, we have two appraisals based on the projections of the project. As vague as it may be, they've done projections on this many rooms, of what market rate should go for, of what we should get for this space. My concern is that the minimum rent, once stabilization occurs, is less than those -- either of those two appraisals. Does that put us in violation with the Charter or not? Mr. Rotenberg: Well, let me explain what was done on this, and we can change it back, because it's six of one, half a dozen of the other. With the two different appraisals that we had come back to us, which was Blake and C. B. Richard Ellis, both agreed, in the hotel industry, it's a percentage of gross City of Miami Page 40 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 receipts. So the base rents on both of them was slightly different, but 5 percent of gross receipts to them were fair market value. And what we did, we had started out last year at a number of about 1.14 with a natural breakpoint, and I understand this is a little confusing. It's just simple math to us. We had a higher breakpoint. We can lower that breakpoint to $23 million, which is what we are looking at right now. But the simple math for fair market value for the S percent, if it's $26 million and we use that as natural break at 5 percent, it's $1.3 million as base. And if it's $23 million as natural break, S percent is 1.1 S million. We can raise it to the 1. 31 because at this point, it is still 5 percent, which is the fair market value. It means that their base rent would creep up. I think the exact number is 1.307, but our rent is the greater of the base rent or the 5 percent. Vice Chair Russell: Or the 5 percent. Mr. Rotenberg: The 5 percent would rule once this is stabilized. I don 't -- Vice Chair Russell: If it's greater. Like the worst-case scenario might put it at the 1.1 or 1.3? Mr. Rotenberg: (UNINTELLIGIBLE) it could, so I -- if -- Vice Chair Russell: You're an optimist. Mr. Rotenberg: -- (UNINTELLIGIBLE). Vice Chair Russell: I like that. Mr. Rotenberg: (UNINTELLIGIBLE) a lot more. Vice Chair Russell: I -- you know, I have to make sure we're not violating our Charter, even in the worst-case scenario, and we have to collect our market rate. So just -- you're saying just to be safe, the 1.3 would definitely bring us between the average of those two appraisals as the minimum? Mr. Rotenberg: Yes, sir. Vice Chair Russell: Of course, their expectation and projections at the 5 percent put us well beyond that anyway? Mr. Rotenberg: Correct. Again, it's the natural breakpoint over there, so to me, it doesn't matter which way we go. It's on 10 right now. Vice Chair Russell: Another thing that was brought up by some of the residents with regard to stabilization: When that rent kicks in is at stabilization or, ifI'm -- and this is something) didn't hear -- they said which -- or which could be never. But my understanding of the lease is stabilization or three years, whichever comes first, after the hotel is open. Mr. Rotenberg: Again, this was another item that was brought up within the letter, and this was not changed today. This has been going on the whole time. Hotel stabilization date means the date that is the earlier of. The first day of the 37th month -- end of 36 months -- after the date of the hotel opens to the public for business or the date the hotel's gross revenue reaches $23 million in a year. Vice Chair Russell: Right. City of Miami Page 41 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Mr. Rotenberg: So there is a stopgap over there; it's not open-ended. At the end of three years, they have to start paying us that number, the base rent. Vice Chair Russell: Got it. So -- okay. So that's -- Commissioner Gort: Even if the gross sale is not there? Mr. Rotenberg: Even if the gross sales number doesn't make it. Vice Chair Russell: Then it goes to 1.1 or, if we amend, to 1.3. Leading up to construction period, we would continue to receive the current rent that we do; is that correct? Mr. Rotenberg: Correct. We would continue to receive the regular rent under the lease. And we have another number in here. Until stabilized, once they get their permits and they move forward, it's $250, 000 a year, but their current rent, as of the last year, 2017, we received $846, 000 and change. Vice Chair Russell: How much above base is that? Mr. Rotenberg: The base rent was about 500, 000. I think 503, and the rest of it was percentage rent. Vice Chair Russell: So they're exceeding the base at this point, even through hardships. Hurricane obviously stopped all that for now. Mr. Rotenberg: Correct. I mean, they have busi -- you have business interruption insurance? So they --yes. Commissioner Gort: They opened up again, though. Vice Chair Russell: Right. So we -- so there -- it's not that we're getting nothing until this hotel goes. We get the current -- pretty much, things stay status quo, unless they build a hotel. Mr. Rotenberg: Correct. Vice Chair Russell: If they build a hotel, new money comes, new jobs come, investment, and all the things in the ballot language, but only if and when. And if they don't meet their deadlines, they don't get it. Mr. Rotenberg: That's correct. Vice Chair Russell: And it stays as it is. Thank you. That's a big clarification that I want everyone to understand. Transfer fee was brought up, I believe, by Mr. Dubbin, and he said that if the hotel wasn't built when it was transferred, that that fee would be zero; is that correct? If they choose to sell the project before the hotel is built. Mr. Rotenberg: The new agreement that we have, if it does go forward, has a transfer fee. The old lease, I believe, does not. Commissioner Gort: It had a transfer fee, the old one. Mr. Rotenberg: This was before -- this was discussed before any of us were here. The transfer fee was taken out years ago. There were about --there City of Miami Page 42 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 were five modifications. I don't think anybody sitting on the dais was here. Commissioner Gort: Well, there should be records of that. Do we have any records? Vice Chair Russell: Well, all I want to know -- and if not -- if it's not clear, we can mandate it today. Is the transfer fee a percentage of a number that might not exist at that time, or is it a flat rate that we can lock in? Mr. Rotenberg: If the amendment goes forward and the lease does get extended, there is a 3 percent transfer fee. If there is no hotel built, the referendum doesn't pass, any one of the negative items happen, there is no transfer fee right now, but that's the existing lease. Vice Chair Russell: Got it. And so, they're not transferring their rights to build a hotel until they build the hotel; is that correct? Mr. Rotenberg: Correct. And the last time -- When this lease was transferred about a year ago, we went through a whole process with a transfer fee through all the modifications. We did get some of a transfer fee. There was an argument at the beginning that we owed the lessee some money, and we ended up negotiating, and we ended up getting a transfer fee of about $350, 000, even though it was not clear. Vice Chair Russell: I guess the question is, can they transfer midstream during the process of obtaining the master permit or -- because they currently have a right to transfer just the park in general, don't they, under the current lease? Mr. Rotenberg: They have the right to transfer the park. If the lease extension is granted and they're in their process during the master plan or during the construction period, there is a 3 percent transfer fee. Vice Chair Russell: 3 percent of what? Mr. Rotenberg: They're going to have to go get appraisals, depending on where they are in construction, what the future value is, but there is a fee. Vice Chair Russell: Okay. I just wanted to make sure it's not 3 percent of nothing, because the hotel hadn't been built yet. Mr. Rotenberg: No. There would be three -- there would be two appraisals in this case, and if there was an argument, there'd be a third. Vice Chair Russell: Got it. And I believe that's all I have for Mr. Rotenberg, just to clarify a lot of the things and for the City Attorney, but I might have some questions for the developer with regard to some issues. So I'll leave it to the dais -- Chair Hardemon: So -- Vice Chair Russell: -- for further questions. Chair Hardemon: -- I want to make sure that our City Attorney is aware of what I'm about to say. I know we have the developer that is here, that is represented by counsel, or at least by someone for his best interest. So I listened to a lot of the conversation that we had about whether or not there City of Miami Page 43 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 was an immediate benefit to the community. Some of the fees that were being paid were being paid over time, and I wanted to see more of an immediate benefit and some longer lasting positive effects from payments that were being made for affordable housing. And so, you know, I would like everyone to listen very carefully to me, because I don't want to have to repeat this too many times, and I think our City Attorney is prepared to capture what I'm explaining; and the entity is prepared to at least to entertain, but at most, accept my recommendation. So right now we have about $500,000 that's being intended for affordable housing that's paid over 10 years. Commissioner Gort: I had a question there. Chair Hardemon: I wanted to make some changes -- Commissioner Gort: Let me interrupt you. Chair Hardemon: --to it. Commissioner Gort: Is that 500,000 every year for 10 years? Chair Hardemon: No. No, no. It was 100, 000 -- no, no, no, no. It was -- Commissioner Gort: Okay. Chair Hardemon: --no, no, no. Vice Chair Russell: 50, 000. Commissioner Gort: I just -- Chair Hardemon: (UNINTELLIGIBLE) 50, 000 -- Commissioner Gort: I just wanted to put that in. Chair Hardemon: -- (UNINTELLIGIBLE) to you. Also -- Commissioner Gort: (UNINTELLIGIBLE) $500,000 to be paid within 10 years and there's a mortgage. Okay. Chair Hardemon: Well, that would be ideal, but no. Commissioner Reyes: Should be like that, you know. Chair Hardemon: Now I have to keep the lions away. So my thought was this -- and I'd like to -- I would ask for my board members' adoption of this. So what I'm looking for is $100,000 for affordable housing upon the citizenry's passage, without any regard to any appeals, so that's that. The $650, 000 upon application of any building permit, with the exception -- and I want this to be known, Madam City Attorney -- and this 650 will be accepted from the 20 percent requirement for the transportation fee -- the Transportation Trust Fund. Ms. Mendez: Yes. Chair Hardemon: So it will be accepted so that all of it will be -- available to be used for affordable housing. And then, I would like an additional requirement of $35,000 a year to a City Revitalization Trust for affordable City of Miami Page 44 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 housing and economic development, without any regard to any appeal, payable each year for the duration of the lease, starting in 2019, so. Commissioner Reyes: Can I add something to that? I want to make sure that those funds, that they are apart, or set aside in a special account for affordable housing, and they are not used for anything else. Chair Hardemon: Right. That's what the affordable housing goes for. Commissioner Reyes: Okay. Chair Hardemon: So that's good. Commissioner Reyes: That should be, because we still haven't decided if we're going to have a Housing Authority or if we're going to have a Housing Department, and those are funds that have to be used by that authority or by that department in affordable housing projects. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: How do you avoid the Transportation Trust Fund payment? Chair Hardemon: We can avoid the Transportation Trust Fund payment by just saying, as a board, that we don't want it to be subject to the Transportation Trust form -- Trust Fund. Vice Chair Russell: Got it. Chair Hardemon: So we can accept payments for it. Ms. Mendez: It was an exemption in the -- when we drafted the legislation that if you specifically earmarked it for something, you had to say, so that it wouldn't. Automatically, if we get a lump -sum payment, 20 percent is supposed to go. But when you -- if it's done exactly how the Chairman did it, it works out that it's exempted. That's how we drafted the legislation at the time. Vice Chair Russell: And that's of that 650 portion or the 100 upfront portion? Chair Hardemon: Well, 100 wouldn't apply, because it doesn't meet the 250, and then it's the 650 that is the concern. You wanted to make a statement? Carlos Gimenez: Excuse me. Yes. Chair Hardemon: Yes. Mr. Gimenez: Thank you. Thank you for recognizing. Carlos Gimenez, with ESJ Partners and Jungle Island, representing their interests. Chairman, we fully understand your commitment to affordable housing and the commitment of the rest of the Commission to affordable housing. We are amenable to making modifications to our initial proposal, which was 50,000 over a 10 - year period. We're fine with 100,000, upon approval of the City of Miami electorate of the ballot item. We would like to break up the rest; 300,000 City of Miami Page 45 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 upon issuance of the master building permit, and then another 300,000 upon the TCO of the hotel, and then commence the 35,000 a year upon stabilization of the hotel. Chair Hardemon: You see, part of the way I look at it is -- Mr. Gimenez: You know, in addition, there is revenue that's being generated, obviously, to the City, beyond this public contribution. You can always dedicate funds from the lease payments into whatever funds you guys want -- Chair Hardemon: Right. So -- Mr. Gimenez: -- whether it's affordable housing or not. Chair Hardemon: -- what we're doing is an extraordinary measure. Mr. Gimenez: Um-hmm. Chair Hardemon: Amending the Charter is an extraordinary measure; that we're giving you an opportunity to extend your lease through this sort of -- this mechanism. Mr. Gimenez: Correct. Chair Hardemon: The last entity that came up and had this same sort of mechanism used, indeed, had to pay above and beyond a fee per year for the duration of the lease. So this is something that we've done before, so it's not unusual. And I will tell you, you know, I -- the reason why -- I will tell you that what my job is, is to ensure that there is a benefit that is transferred to people who need some sort of relief in Miami -Dade County; and the City of Miami, particularly. And so, when we have waterfront property where we have these sorts of assets that, but for a four-fifths approval of us, would -- goes towards some sort of competition where an entity that has rights to it today could lose rights to it tomorrow, but for that four-fifths. We have to create some sort of nexus between utilizing those assets, not only to have a -- to bring revenue into the City, but then also for us to remedy some of these issues that we have. Now, when you describe the master building permit, you know, I found that the language that we've always used when it comes to permitting has always been the very fast and loose one. You know, that's not -- I won't say that -- a slippery one. And the reason I say that is because master building permits, phase building, I mean, all these things have a meaning that really transform what it is that we're trying to do. And so, I don't mind breaking down the payments of the $650, 000 into a number of different payments. I don't mind that. Mr. Gimenez: Just to interject for one second, Mr. Chair. I think it's going to help the conversation. We have no problem issuing the first $300,000 check upon the first permit that we pull, whether it's a master permit, foundation permit, you know, floodplain permit; whatever permit it is that we issue -- that is issued to us first, we'll pay the initial $300,000 -- Chair Hardemon: And then -- Mr. Gimenez: --for the public benefit. Chair Hardemon: Right. And then the balance of it will be paid -- City of Miami Page 46 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Mr. Gimenez: On TCO of the hotel, so once the hotel is in operation. And then our proposal is the -- Chair Hardemon: I'm fine with that if you -- Mr. Gimenez: Okay. Chair Hardemon: -- were just willing to accept the $35,000, as I described, starting in 2019. It's -- I think it's the right thing to do. Mr. Gimenez: Right. And, you know, obviously, we're working together with the City. We had what we thought was a pretty solid agreement beforehand, but obviously, we're committed to the community. In addition to the contribution to the Affordable Housing Trust and another contribution we're making to the Japanese Garden, we also have a "hire City first" provision in our -- in the agreement; meaning that out of the 400 jobs that are going to be generated from this project, the first priority goes to City of Miami residents; and more than that, the top priority goes to residents of District 5. So we are providing a lot ofpublic benefit already. We've, you know, increased to, you know, additional -- you're at 500, 000. We've increased significantly. And a lot of that money is coming in on the front end, as opposed to being paid over a 10 year period. So if you can, you know, work with us -- Chair Hardemon: No. I'm -- Mr. Gimenez: -- and allow us -- Chair Hardemon: -- I feel like I am working with you. Mr. Gimenez: Yeah. Chair Hardemon: And that's why I'm describing that the $35,000 is payable each year, starting in 2019. I mean, the amount -- I personally believe when you look at the profits that are going to come and that -- and the revenue that you have -- is nominal. And so, the -- it -- with those sort of dollars, what I intend to see happening in our communities is really the strengthening of the residential, the business communities of these other areas. And I have to remind you, you know, this is an extraordinary measure. And so, you know, I appreciate the flexibility that you have with me, but I think that the -- this dais -- and if approved by the City -- by the citizenry -- I mean, all of us are going beyond -- above and beyond, really, to accommodate an organization that's trying to turn a profit here in the City of Miami. Mr. Gimenez: If you can allow me one moment just to confirm with my client quickly? Chair Hardemon: Yes. Mr. Gimenez: Thank you, Mr. Chair. Upon speaking to my client, is there anyway we can move that initial $35,000 payment to 2021? We don't have to wait, obviously, till stabilization of the hotel, which will take a period of years, you know, -- Chair Hardemon: Yes. Mr. Gimenez: -- so you could say -- Yes. Thank you. City of Miami Page 47 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Chair Hardemon: You're welcome. And so, you know, when we move to approve, if it is moved to approve, I just want my Commissioners to use the language that we've --just adopt the language that we've spoken of on the record, and Madam City Attorney, I know you captured it, so. Mr. Gimenez: Right. Chair Hardemon: That's all. Mr. Gimenez: And just one more issue. Thank you, Mr. Chair. In terms -- that would have to modify the ballot language, I would assume, City Attorney? So we'd have to find a way to fit within the word limit. Chair Hardemon: But the -- Mr. Gimenez: We're already talking about modifying the ballot language. Chair Hardemon: -- ballot doesn't have to say everything that's in it -- Mr. Gimenez: Correct, correct. Chair Hardemon: -- but just capture the spirit of it, and I think that -- Ms. Mendez: Right. Chair Hardemon: --we'll be (UNINTELLIGIBLE). Ms. Mendez: The problem is that, I believe right now the ballot language says only 500,000 -- Chair Hardemon: Amend it to be -- Ms. Mendez: -- to affordable housing, so we have to -- Chair Hardemon: You can amend it -- Ms. Mendez: -- up the number -- Chair Hardemon: --to 750. Ms. Mendez: -- without -- to 750. Mr. Gimenez: Correct. Ms. Mendez: And then it says -- Chair Hardemon: Really, it's -- Ms. Mendez: -- 700 to the -- Chair Hardemon: Right. Ms. Mendez: That's all minor, but we just have to say it on the record. That's all. Mr. Gimenez: Right. City of Miami Page 48 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Vice Chair Russell: But just to be clear, part of it is conditional on completion and part of it is not, right? Ms. Mendez: Right. So I believe that at least the 100,000 -- Chair Hardemon: Completion. Well, part of it is, yeah. Ms. Mendez: Well -- Chair Hardemon: Part of it is. Ms. Mendez: So 100,000, whether or not they build a hotel, is coming. Chair Hardemon: But this is the thing about it and what I'm trying to explain. I don't think you want to get -- you can't get into details like that on a ballot. Ms. Mendez: Right. Vice Chair Russell: Just don't want to mislead anyone. Chair Hardemon: Yeah. Ms. Mendez: That would be an agreement. Right, that would be -- Commissioner Reyes: (UNINTELLIGIBLE) lost. Ms. Mendez: -- an agreement that we're going to obviously -- Mr. Rotenberg: Right. We'll amend -- Ms. Mendez: -- address, but -- Chair Hardemon: Yeah. Look -- Mr. Rotenberg: We have the amendment. We'll put it in the amendment. I'm writing it -- Commissioner Reyes: That's right. Mr. Rotenberg: -- down as we're talking. Ms. Mendez: I just wanted to make sure that the Commission understand that the only for -sure money that will be seen would be the 100,000 right away, because it depends whether they're going to build or not. If they don't build, they don't get the extension, you don't get all the other parts. Mr. Gimenez: Yeah. Ms. Mendez: I just wanted that to be based on how -- Chair Hardemon: 35, 000 also. Ms. Mendez: Okay. Chair Hardemon: Yeah. City of Miami Page 49 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Ms. Mendez: Then that's -- I'm glad we're claming that. Mr. Gimenez: My concern was, you know, because breakout is a little more complicated -- Chair Hardemon: Yeah. No, I don't want to -- Mr. Gimenez: -- so we shouldn't have to make it all inclusive. Chair Hardemon: -- complicate the ballot. Mr. Gimenez: Yeah. Chair Hardemon: I want the ballot to be very simple. Look, you know, when people vote on things that are on ballots, you have but so much information in front of you. Mr. Gimenez: 75 words. That's all we're allowed. Chair Hardemon: But, you know, the bill, or whatever it may be, may be thousands of pages long, so this is not like -- this is not unlike any of those type of situations. Mr. Gimenez: Right. And as you know, we have a 75 -word limit, so we really have to keep it tight; obviously, as accurate as possible, based on the limitations that are imposed upon us by -- at the State level, not at the local level. So I thank you for -- Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes. Commissioner Reyes: First of all, let me congratulate you. You are a very fast learner. You have become a great negotiator for affordable housing. And I'm -- really, thank you for being so willing to cooperate with that program. Now, when we met, I -- one of my question was that if you're committed to provide like summer programs for underprivileged children -- Mr. Gimenez: Absolutely. Commissioner Reyes: -- that it's very important. Remember that the City of Miami is one of the poorest city in the United States. Mr. Gimenez: Absolutely, Commissioner. Thank you for bringing that up. Commissioner Reyes: Another thing that concerns me is when you expressed that the biggestpercentage ofpersons that are going to be hired are from the City of Miami. Mr. Gimenez: Correct. Commissioner Reyes: Well, I -- may I suggest that you also work with vocational schools that could train these employees? Because we might not - - you might not find the number of employees in the City of Miami, because of lack of training. There's -- some of them, they don't know how to work in a hotel, and they don't know how to work with animals. And are you willing to train those people that will come from the City of Miami and they are -- they City of Miami Page 50 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 don't have the expertise in the types of jobs that you are offering? Mr. Gimenez: Yes. Let me take each of those questions. Unidentified Speaker: We're doing it anyways. Commissioner Reyes: Oh, you're doing it now. Okay, thank you. Mr. Gimenez: We were just going to put it on the record. Just to address each one of those questions separately. Underprivileged, you know, children, in terms of providing opportunities for them, absolutely. We've been doing it, and we're going to continue doing it, and we're going to expand that program. So you have our commitment on that. With regards to the workforce -- and obviously, we're focusing on City of Miami residents. They get the first chance to receive those employment opportunities. We are engaged with those entities that do provide, you know, training, you know. Again, our focus is on our home and our home in the City of Miami, and whatever we can do to help the residents of the City of Miami, we're here to help. Commissioner Reyes: Let me also add to what Commissioner Carollo was saying. Before he wanted to bring the Seaquarium over there, and I don't know if you remember when Mayor Ferre wanted to build an amusement park in that same location, and the idea behind it has always been that we need just some sort of -- I would say, it's like an attraction that will keep people in Miami and will bring to Miami. This park could be a destination park. People will come from other parts of the State and the nation and stay. And besides that, if you add up all the thousands and thousands of people that comes and they take a cruise in the City -- I mean, from the Port of Miami, none of them stayed a single night in the City of Miami. They come directly from the airport to the cruise ship and then back. By offering an additional play -- I mean, incentive to stay -- and those -- most of them -- and some of them, they travel with their families so they don't have to travel all the way to spend a couple of days in the sun and go to Miami Beach and all of that and providing a hotel and also -- that will benefit tremendously the local economy and will benefit tremendously the City of Miami and the residents of the City of Miami. Mr. Gimenez: Well -- and you are right, Commissioner. It also has a multiplier effect. The hotel on site -- Commissioner Reyes: And that's -- tremendous multiplier effect, too. Mr. Gimenez: -- that's going to generate more revenue, the one that you're already deriving from the City operations. Commissioner Reyes: That's right. Mr. Gimenez: So it's a multiplier effect, and it really allows the project to be successful for now and the future, and really generate additional revenue to the City; but more than that, provide a place for residents and visitors to visit that is unique, that is iconic, and that we believe is going to be a huge success once completed. Commissioner Reyes: Thankyou. Vice Chair Russell: Thank you, Commissioner Reyes. Are there other City of Miami Page 51 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 questions? Commissioner Gort: Did we discuss the idea, discount for the residents of the City of Miami? Vice Chair Russell: For the what? Oh, resident discount. Commissioner Gort: A discount for the residents of the City of Miami. Mr. Gimenez: Yes. Commissioner, we will have a discount for City residents. Its City -owned property; it's only proper to do so. Commissioner Gort: Let me tell you, I think myself and Commissioner Carollo were here in -- when we first approved this. This is the best location that Miami -Dade County has. And when we approved the Jungle Island, I thought it was going to be a very effective. Unfortunate, they had a lot of problem with hurricanes and things that happen, but that location is a great location, and it should derive a lot of funds for the City of Miami and its residents, so I hope you're very successful. You work on it real fast. Mr. Gimenez: Absolutely. That's our goal. We're not here to waste any time. You know, we've heard a lot about the time frame in terms of pulling the master permit and constructing the hotel. You know, we must understand, this isn't the last time we're going to go before a public hearing. Assuming the Commission places this item on the ballot and the voters approve it, we still have to go through our entitlement process; we're still going to go through a zoning approval process -- Commissioner Gort: Change of zoning. Yes. Mr. Gimenez: -- we have to provide site plan renderings; we have to provide all the traffic studies. Incidentally, about the traffic -- since we did hear a little bit about that -- the traffic study that we obtained when the project was first built, couple decades ago now, allowed for seven -- I think it's 750,000 trips, and we haven't even hit half of that yet to the park. So we're pretty confident that we will meet the traffic engineering requirements for the site when that time comes. Again, that comes down the road. First step is, first we need to make sure that the City of Miami residents agree with the path that we're attempting to take. Commissioner Reyes: Just a suggestion and -- because I'm quite concerned about hiring people from the City of Miami. Could you entertain the idea of having job fairs in each district? Mr. Gimenez: Yeah. I -- Commissioner Reyes: Try to go to different districts and -- I mean, it will be easier to get people to -- Mr. Gimenez: Commissioner, we have absolutely no objection to working with you -- Commissioner Reyes: Okay. Thank you. Mr. Gimenez: -- and your office in connection with that, along with the off ces of every Commissioner on the dais. City of Miami Page 52 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Vice Chair Russell: Thank you, Commissioner Reyes. So I'm starting to count here and see where things are flowing. And I really appreciate everyone's involvement in looking out for the greater good of the City, our tax base, our legal situation. My job as the Commissioner of District 2 is to make sure that the quality of my -- quality of life for my residents that are immediately impacted and the traffic flow in that immediate area is looked after. And so, in order to earn my vote, I've got two or three things that I think really need to be addressed. From a traffic perspective, I -- you know, MacArthur Causeway is an issue, and there will be traffic studies done throughout this process, but I really believe that any project we're contemplating on MacArthur Causeway right now and from here forward should always anticipate adding to the Baylink. This should be the hub of Baylink. Watson Island should be really where the spokes meet so that Miami Beach and the City of Miami are connected easily through public transportation. That may come through the Smart Plan over time, but in the meantime, I think we need to use every piece of leverage we have to rectify that and start it now, and our best way is through our trolley system. And I believe, if you all would agree, throughout this process, at some point, to purchase two trolleys that add to the City's system, you will also be benefitting the park as a whole, as well. What this will do is not only connect the mainland to you for free, but it'll take what is a citywide asset, this park, and make it free and accessible throughout the entire City, wherever our trolley system touches. So I would be looking for a couple of trolleys to be added, and then the City would cover all of the maintenance and drivership, but really, the initial cost of the trolleys, which are about a couple grand a piece, but it's something that we've been working on and putting together bit by bit, and it's really been a good asset to our residents, but I think it will serve the parkas well. Is that something that you all would be open to? Mr. Gimenez: Yeah. Thank you, Commissioner; appreciate you bringing that up. At this point, you know, we would like to take a different tact and start in 2020, no earlier than 2021, donate a trolley, one trolley, and make sure that that trolley does serve the park and that it goes, you know, across the bridge; then from there, that's the City's decision, but that that one trolley serve the park with a stop, and allow for promotion of the park as well. So at this point, we're willing to give you guys one trolley, obviously, as we move forward in the process. We have another zoning hearing, you know, that we can have further discussions. But if we can, you know, keep it at one trolley, we'd appreciate it at this point. Vice Chair Russell: Yes. And it'll connect to the entire system, obviously, and to the Metromover. Mr. Gimenez: Right. Vice Chair Russell: For purposes of this hearing today, I think, but -- and we'll probably get another bite at the apple when it comes to zoning -- planning and zoning issues -- Mr. Gimenez: Yeah. Vice Chair Russell: --for the other trolley. Mr. Gimenez: Right. Ms. Mendez: What I wanted to clarify, though -- and I want Mr. Gimenez to understand -- we have to make all these little edits before this gets on the City of Miami Page 53 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 ballot, because I don't want there to be a question later that all these revisions are not taken into account. Vice Chair Russell: Right. Well -- Mr. Gimenez: You mean edits to the ballot language itself? Ms. Mendez: No. Mr. Gimenez: Or edits to the lease? Ms. Mendez: To the -- Commissioner Gort: Contract (UNINTELLIGIBLE). Ms. Mendez: To the contract. Mr. Rotenberg: The amendment that -- Vice Chair Russell: We've got time. Mr. Rotenberg: -- we've been working on. Mr. Gimenez: Is that -- Vice Chair Russell: We've got time. Mr. Gimenez: You have sufficient time (UNINTELLIGIBLE) that -- City staff has to respond to that question. Are you --? Mr. Rotenberg: We're going to have to work on it. We have -- most of the stuff, we just have to edit, and that's why I was writing as we were going along, but we've got to do it in the next few days. Mr. Gimenez: Yeah. And we just want to point out that that has to be done before the end of the business today, in order to get the ballot language on the August election, so. Vice Chair Russell: Would the park -- I know, in the aftermath of the hurricane, they had to relocate the large mammals. Would the park be willing to make that a permanent relocation so that this -- now, as it becomes an adventure park and grows into another amenity, that we no longer house large mammals here? Mr. Gimenez: Okay. Well, I'm not sure what the, you know, actual definition is for a large mammal, so let me qualms that. I think we have the tigers. Vice Chair Russell: Tigers -- Mr. Gimenez: The big cats are not going to be there anymore. Vice Chair Russell: -- orangutans. Unidentified Speaker: (UNINTELLIGIBLE). Mr. Gimenez: Yeah. No. I'm sorry. Eli, Eli, we have to say it on the record. So we have -- the big cats are not going to be there anymore. Which other City of Miami Page 54 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 animals? Do we --? That's -- Okay. All the animals that were relocated are going to remain relocated. They're not going to comeback to the park. Sol' hope that satisfies the other -- your question. Vice Chair Russell: To my understanding, the large mammals were relocated, and so that's -- and I -- because I think we're evolving beyond that Mr. Gimenez: Right. Vice Chair Russell: -- and it's not a zoo. It was originally meant as a Parrot Jungle, and I think that can remain and continue. I appreciate that. And finally, if you could put up the map once again. I'd like you to help me understand the buffer situation with the neighbors, because I really want the public to see basically why the neighbors are here and what we're dealing with, and whether the solutions that are being put in place will help to that. No more -- you know, for me it was an animal rights perspective, with my wife's being a veterinarian, but for the residents, the roaring lion certainly was an issue. You've addressed that. The zip line height, which would add to volume as well, distance and height and volume, that's also a concession that I very much appreciate. The buffer zone, though, and -- If IT's (Information Technology) got the map? Mr. Gimenez: Well, I was actually going to ask -- Vice Chair Russell: Oh, do you have a map? Mr. Gimenez: We do, but I have to switch out. If I have IT's assistant, we can put up our PowerPoint. Commissioner Gort: Here comes IT. They're right there. Vice Chair Russell: Right behind you. Mr. Gimenez: So, as we try to get the technology worked out here, after our conversation with you, Commissioner Russell -- or Vice Chair Russell, yesterday, talking about the issue with the buffer, we had our design professionals go in and give you the dimensions or the distance between the shoreline and the buffer that we've agreed to. It was just completed today, because they had to take some time to do it. That's going to be emailed to me, and we can submit it into the record, and we can show it to you -- you know, we're going to see if we can get it on the big screen, but the average is pretty substantial. It's a lot more than the 5 to 10 feet that you hear of, in terms of an actual distance between the shoreline and the improvement. So - Vice Chair Russell: So at least on the map that's showing here, you can see 1000 Venetian directly to the north on the that right-angled peninsula, or edge there on the Venetian Causeway, which is directly across from that northern part of the green space of the park, and that's where there was -- originally, the Crystal Lagoon went right out to the edge of the park with an infinity edge, if I understand correctly, in the original renderings, in one that a resident showed today, where all of the playing kids are directly facing all the residents right across the water, and I've been there on the other side. It's actually much closer than it looks in this map, and sound definitely travels over that water. It's an echoing surface, and it seems to amplify. It's something we need to mitigate, for sure. So from that point, I understand you City of Miami Page 55 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 made changes to what we're going to be looking at right now. Commissioner Gort: Let me ask you a question. Looking at this map, I think you seen quite a few vessels in there. Vice Chair Russell: Yeah. Commissioner Gort: And I've never heard any complaint from anyone, and I'm sure they're discharging all this stuff from the vessels right into the bay. Mr. Rotenberg: We're working on a managed mooring field over there right now with FIND (Florida Inland Navigation District). That's an anchorage. Commissioner Gort: You're working on it? Because, I mean -- Mr. Rotenberg: Yes, sir. Commissioner Gort: -- that's really -- Mr. Rotenberg: It's a mess. Commissioner Gort: -- hazardous to our health and waters. Mr. Rotenberg: Yes, sir. Commissioner Gort: Okay. Mr. Gimenez: Yeah. We're just trying to pull that new rendering so it gives you a very accurate depiction of what the setback or the distance is from the shoreline to the improvement. If you can give us just one more minute. Vice Chair Russell: Then it'll be up to the Chair as to the scheduling for the afternoon, but I'm guessing we're going to need to table this to get the wording right. And I believe we have an executive session to go to, anyway; is that correct? Chair Hardemon: Well, I don't know anything of an executive session. I'm trying to understand, what do you mean, "the wording right"? You're talking about -- Vice Chair Russell: Well, there's been a lot of changes. There hasn't even been a motion yet, but if and when there is, I expect some amendments, based on the talk that we've had today -- Chair Hardemon: Right. So -- Vice Chair Russell: -- maybe even to the ballot language. So to get it right, they might need a little time. That's all I'm saying. Chair Hardemon: The -- okay. I don't think that we would need to re - adjourn [sic] -- if we pass it with what we've discussed on the dais, the lawyers get together -- Ms. Mendez: Right. You're -- Chair Hardemon: --they have City of Miami Page 56 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Ms. Mendez: -- delegating to me the wording -- Chair Hardemon: Right, and the language in the contract. Ms. Mendez: -- to get all that done. Chair Hardemon: There's an incentive for them to get this done today. The faster we approve it, if it is to be approved, the more time they have to kind of hash out those details -- Ms. Mendez: Well, it's due -- Chair Hardemon: -- even though they were changed -- Ms. Mendez: -- at the Department of Elections -- Chair Hardemon: Right. No. I know. Ms. Mendez: --today. Chair Hardemon: So that's what I'm saying. So there's an incentive to get it done now. So what I'm explaining is that the level of detail in -- that the lawyers have to just come to terms with isn't much. I mean, we're not talking about changes that are insurmountable. They're not material, you know, changes to the use of the property. Ms. Mendez: No. If you don't want me to change the ballot language to an "only if ' -- because it's clear through the contract and everything that we've discussed today -- then the only changes right now to the ballot language, because everything else is contractual -- but to the ballot language would be the greater amount up to --for the low-income housing would be for 750, 000. That would be the big change. And are we doing any change (UNINTELLIGIBLE)? Vice Chair Russell: I haven't brought it up, but I would like to see the maximum number of rooms in the ballot language. Even though it's in the lease, I want it decided by the voters so that we can't even change that beyond that. If 300 rooms is the limit, that it go on the ballot language so people know what they're voting on. Ms. Mendez: All right. So then that -- Chair Hardemon: But I want you to be aware of this: If you want this thing to pass -- Vice Chair Russell: Yes. Chair Hardemon: -- the average voter doesn't have -- the average voter won't look at this and say -- When you give it a number -- if you say, 300 rooms -- Vice Chair Russell: Yes. Chair Hardemon: -- to them, they don't know if that's a lot; that's a little bit. They don't -- I mean, the average voter -- Vice Chair Russell: So if I'm honest, I'm going more from legal strength to City of Miami Page 57 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 say that we were clear versus what the perception of the voter is when they're in the ballot box. Nobody can go back and say -- Well, it also ties our hands to go -- not go beyond 300, because all of this is predicated on their promise that a 300 -room hotel will work financially for their program. If they come back in three years and say, "You know what? It's really got to be a 1200 - room hotel. We're all in this together. Can you give us a change?" I want the voters to have said, it's 300, because we agreed it today. And if it's in -- only in the lease but not in the ballot, I understand what you're saying; voters might not necessarily know what a 300 -room hotel looks like or impacts, but if it's in there, we know what it's going to be. Chair Hardemon: So where -- how would you see that change? Vice Chair Russell: So I have a suggested proposed ballot language that says, "Shall the Miami's Charter be amended, extending Jungle Island's lease by 39 years, plus 15 year option, by waiving competitive bidding; allowing, at the developer's expense and option" -- because that also clarifies that it's not a mandatory build -- "construction of a hotel and attractions, with a maximum of 300 rooms and 130 foot height in exchange for, " and then the bullet points. Chair Hardemon: See, I -- the thing about -- Commissioner Gort: How many words in there? Chair Hardemon: -- the only thing about it is that -- like, I understand exactly what you're doing, but my fear is that you may be appeasing a small minority of people who are hyper focused on height, et cetera, at the expense of confusing the average voter who's there, and that's my only concern about it. Because it's like, okay, so there's -- "Why is he asking me about height? What does that" -- "what does height mean to me?" Because I'll tell you, in the neighborhoods that I represent, for the most part, including the Upper Eastside, you don't have a lot of very high buildings. And so, you know, you can't appreciate what height is. And then -- so, but my worry is just that if we do too much changing to the ballot language, you make it something that sounds legal -- like almost too legal -- legalese is what -- the way we would put it. Vice Chair Russell: True. The height was already in there, right? So the 300, for me, that's -- it's also important to me that we're limiting that and our ourselves. And I think most voters will go, "Okay, they're setting a maximum that" -- I don't what that maximum looks like or means realistically, but at least they're limiting themselves and it's not open ended, because that would be a worry to me, if I were a voter and I saw this, and said, "Okay, they're putting it on Watson Island, and there's no limitation. " Chair Hardemon: Yes. Vice Chair Russell: That'd be a concern. So that would be an ask I would have in the ballot language, but I counted and I believe I'm at 74 words with these changes, as I just read. Mr. Rotenberg: Mr. Chair? Commissioner Gort: Let me ask a question. Chair Hardemon: Commissioner Gort. City of Miami Page 58 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Commissioner Gort: I'm not a lawyer, but legally, can we not sign a document and put on the permits -- pulling the permits, it cannot be more than 300 room and restrict it? Chair Hardemon: Yeah. Commissioner Gort: I think we can do that without going (UNINTELLIGIBLE) Chair Hardemon: Through the zoning -- Commissioner Gort: I understand. This -- it can be very confusing when it goes to the voters. Vice Chair Russell: I like it clear. That's true. Commissioner Gort: But, I mean, we can -- the lawyers, I'm sure can draft up some kind of a document, where they have to comply with that when they're pulling the permit or when they put the -- Ms. Mendez: Vice Chairman -- Commissioner Gort: How many words? Ms. Mendez: -- Mr. Garcia had suggested, maybe in line with everything that's discussing, instead of the 130 foot height, that if you want it to say 12 stories, that's an option that's also appropriate. Vice Chair Russell: It sound -- it does sound simpler -- Chair Hardemon: But the question -- Vice Chair Russell: -- but 12 stories at 20 foot apiece -- Ms. Mendez: No, no. There's an -- and Mr. Garcia is here, and he can explain -- Vice Chair Russell: I know that wouldn't happen, but I'm just saying. Francisco Garcia: For the record, Francisco Garcia, Planning Director. The -- there is clear language in the Zoning Ordinance that specifies the maximum height of any story. I don't know what the intent ultimately is, but my suggestion is that at 130 feet, it becomes slightly nebulous as to how many stories can befit into that. However, if you specify whether it's 10, 12 stories, and that's much clearer, and rest assured, that no story can be taller in terms of floor -to -ceiling height, than 14 feet. They are seldom 14 feet, but that is the maximum it could be by definition in the Zoning Ordinance. Vice Chair Russell: And that's floor -to -ceiling, not including the space in between for the actual (UNINTELLIGIBLE)? Mr. Garcia: Each story, in the end, would be 14 feet. And in the aggregate, the height of the structure to the roofs slab could not exceed the result of the multiplication, 14 times `X" number of stories; however many stories there are. City of Miami Page 59 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Vice Chair Russell: Because 12 -- even 12 stories, that could put them up to 168 feet, which is way beyond what we were intending, so I think the height is smarter. Mr. Garcia: What I am suggesting is that 130 feet leaves it very nebulous as to how many stories could befit in. If there is a known number of stories that's desirable, that's probably your best option. Chair Hardemon: We can have -- Mr. Gimenez: Yeah. I mean, ultimately, at the end of the day, I think -- Chair Hardemon: --five-feet ceiling heights. Mr. Gimenez: -- the issue is more not how many floors we can get into the building, but what the actual maximum height is, so -- you know, and I respect the opinion of the Planning Director, but for all purposes -- Vice Chair Russell: Residential concern is overall height. Mr. Gimenez: -- I think it's -- yeah. I think the height is more the issue. Chair Hardemon: Madam City Attorney, can you read into the record what the ballot language is, including the 750 change? Mr. Gimenez: And if I may real quick, one of the things that we were just talking about on the side in trying to formulate the ballot language based on the modifications that we've made is may it'd be a good time to give us, you know, 20 minutes to sit down with the City Attorney. We've listened to your comments. I think we both know where you're going; just to put down a proposed ballot language, consistent with the discussion, and then come back to you; maybe use that time to grab something to eat real quick and come back. Chair Hardemon: You won't eat that quickly. Mr. Gimenez: Yeah. Chair Hardemon: And ifyou try to eat, then we'll be in here forever. Mr. Gimenez: Okay. Chair Hardemon: So what I'd like to do is -- you know, the ballot language is 75 words; it shouldn't be that hard. Can you tell me --? Ms. Mendez: Right. So I can read --because it was -- we pretty much had it drafted, so if you give me one second. "Shall the Miami's Charter be amended, extending Jungle Island's lease for an additional 39 years, plus 15 - year option, by waiving competitive bidding" -- okay, all that is the same. We're scratching out "and allowing, " so "by waiving competitive bidding for construction of a privately funded maximum 300 -room" -- so we're adding that, "maximum 300 room" -- "hotel and attractions, with" -- we took out the "a" -- "maximum 130 foot height, in exchange for additional annual rent for the hotel, up to 150, 000, increasing to" -- now we're changing the new amount for a fair market value here -- "increasing to 1,307,500, or 5 percent of hotel gross sales, whichever greater; contribution of 700, 000 to the adjacent City park and" -- and again, here, we're going to City of Miami Page 60 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 change from 500,000 to 750,000 for low-income housing. So the only things that were changed were the amounts and two "a's" were removed and "allowing" was removed, and we added `for" and we added "maximum 300 -room. " Vice Chair Russell: Question, Madam City Attorney. You changed the word "allowing construction of a privately funded" to `for construction of a privately funded. " Didn't that make it even --? Using the word "allowing, " doesn't that already imply they can do it, but they're not mandated to do it? Whereas, if you say, 'for, " it kind of implies the imperative, doesn't it? Ms. Mendez: The -- again, we have certain limits. If this passes, it's giving you the permission to be able to do this, and that's all that the citizens need to vote on. Do they want this or not? If they want it, then you go to step two, which is, can they do it? Vice Chair Russell: I guess the potential legal challenge that was brought today -- and whether it has merit or not is, you know, up to the Court's (UNINTELLIGIBLE), whatever, later -- but that someone votes for this, and then they decide not to do it, which is within their right within the lease, but the voters say, "No. I voted that this would happen, and it's not happening. You guys have to do it. " Ms. Mendez: Okay. So then, if we take out the two words `privately funded, " and then put back "and allowing for, " then you're good to go. Chair Hardemon: I think what he's saying -- Vice Chair Russell: No. My amendment was, 'At the developer's expense and option. " That would clarify that it's their cost and their choice. Ms. Mendez: Okay. I don't think -- Chair Hardemon: But where are you scratching? What words are you scratching for that? Ms. Mendez: -- we had those words in there. Vice Chair Russell: So you didn't. Ms. Mendez: Oh. Vice Chair Russell: I was --I've been writing as we've been speaking. Ms. Mendez: Okay. Vice Chair Russell: It said, so by waiving competitive bidding, allowing construction -- okay -- so, "allowing, at the developer's expense and option, construction of a hotel and attractions with a maximum, " et cetera, et cetera. Ms. Mendez: Oh, so you took out `privately funded. " Vice Chair Russell: Yes, I took out -- Ms. Mendez: Okay. Vice Chair Russell: -- `privately funded" and add the words "at the City of Miami Page 61 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 developer's expense and option "; just want it to be really ironclad. Ms. Mendez: Okay. So can I have what you have and then read it out again? Because I want to make sure that we're abundantly clear. Commissioner Carollo: How is the wording for the 700, 000 towards the Japanese Garden, that part; if I could hear that again? Ms. Mendez: The contribution of 700,000 to the adjacent City park, and the 750, 000 for low-income housing. Commissioner Carollo: Okay. How is that contribution going to go? Is that going to go to the City of Miami Parks Department so then they could handle the expenses there? Ms. Mendez: I -- logistically, I did not know. Chair Hardemon: I say, let the private people do it. They probably -- Commissioner Carollo: Huh? Chair Hardemon: I would think, let -- if you let them do it. I know where you're probably going with it. Commissioner Carollo: (UNINTELLIGIBLE), yeah. Chair Hardemon: But let them -- yeah, let them do it. Commissioner Carollo: Yeah. You know, I just -- Chair Hardemon: Yeah. Commissioner Carollo: Okay. I'll take your advice, Chairman. Ms. Mendez: Now, that -- I'm assuming the 700,000 -- because this is going to a ballot, the 700,000 would not be subject to the Transportation Trust Fund, either, because it's saying that it's 700, 000 to a City park. Vice Chair Russell: Right. Chair Hardemon: Yeah, but it's not going to -- that's -- but that's not going to be a monetary -- Commissioner Carollo: Yeah. Chair Hardemon: -- gift. That's not -- Ms. Mendez: Oh, it's improvements. Chair Hardemon: It's improvements. Vice Chair Russell: It's an improvement. Mr. Rotenberg: And it does say, "Lessee shall within, " you know, "a time period construct. " Commissioner Carollo: I'd like to add one additional request in the ballot City of Miami Page 62 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 language: That the original Cuban exiles -- the descendants of the original Cuban exiles, the Cuban Flamingos that they have in the park will be maintained there, fed and cared for, during the whole duration of the lease. Chair Hardemon: That'll be on page two of the ballot. Mr. Gimenez: If I can -- Chair Hardemon: So can you read it now? Ms. Mendez: Yes. So, "Shall Miami's Charter be amended, extending Jungle Island's lease for an additional 39 years, plus 15 year option, by waiving competitive bidding, allowing for construction" -- oh, "allowing, at the developer's expense and option, construction of a maximum 300 -room hotel and attractions, with a maximum 130 foot height, in exchange for additional annual rent for the hotel of 250,000, increasing to 1,307,500 or 5 percent of hotel gross sales, whichever greater; contribution of 700,000 to the adjacent City park and 750, 000 for low-income housing? " Commissioner Gort: Too many words. Vice Chair Russell: Too many words. Commissioner Gort: Too many words. Chair Hardemon: (UNINTELLIGIBLE) words. Commissioner Gort: How many words? Vice Chair Russell: It's a little (UNINTELLIGIBLE) mix one thing (UNINTELLIGIBLE). Commissioner Carollo: That low-income -- Ms. Mendez: Okay. If we can have like two seconds to write this out? Literally, we don't have to leave the dais. Chair Hardemon: No, I understand. Ms. Mendez: Two -- just two minutes just so that I can write it out and confirm it then. Mr. Gimenez: And -- you know, while they're going through the language, I wanted to bring one issue up that we weren't able to previously, when the Vice Chair brought up the number in terms of the minimum annual after the first three years. You know, I think he has it at 1.37 now. We really, you know, would like to go back closer to the 1.15; not go all the way back, but offer a middle ground, and go to 1.2 million. Upon stabilization, our expectation is we're going to be paying the City more than that with the 5 percent that's kicked in, but you never know with the market, how it moves. There may be, you know, some extraordinary event that makes it more difficult for us to reach stabilization by year three, so we would respectfully request that that number, after your 3, go to 1.2 million instead of 1.3 plus. Mr. Rotenberg: How about 1.2155, which is the lower appraisal? Mr. Gimenez: I'm sorry? City of Miami Page 63 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Mr. Rotenberg: 1.2155, which is the lower appraisal, would that be okay? Mr. Gimenez: Yeah. Yes. Vice Chair Russell: We don't need to be at an average of appraisals? We can --? Mr. Rotenberg: We don't, because the 5 percent overrides; it's the greater of. Vice Chair Russell: As long as we're within the Charter. Mr. Rotenberg: Yes, sir. Mr. Gimenez: Thank you. Vice Chair Russell: Could we talk about the buffer zone, please? Mr. Gimenez: Sure. Vice Chair Russell: Because you were interrupted. Mr. Gimenez: Sure. Chair Hardemon: Before we go into -- Vice Chair Russell: I'm sorry. Chair Hardemon: -- the buffer zone -- Vice Chair Russell: Yeah. Chair Hardemon: -- I just want to acknowledge our City Clerk. He has some things that he wanted to clarify. Todd B. Hannon (City Clerk): And since we're waiting on the City Attorney, I have two amendments that I would like to make. One amendment's on page 3. Its on the fourth "whereas" clause. Simply where it's going to -- it needs to be amended to include Resolution Number R-18-0231, adopted on June 8, 2018. And then on page 7 of the resolution, it would need to be amended to read, "Pursuant to Resolution Number R-18-0232. " Those are just two administrative amendments. Mr. Gimenez: Okay. Thank you. Addressing your question on the setback from the shoreline to the improvement, I have a map that we just put on the big board, and if you look, you'll see that most of the distances are between, you know, 42 to 54 feet in terms of the distance between the shoreline and the improvement, which is the Crystal Lagoon. Obviously, we believe it's substantial. It's a concession that we gave -- one of the several concessions that we gave to our neighbors on the Venetian Causeway. And obviously, we have -- we prepared this for your review, since there were some question about that and the impact. Vice Chair Russell: So what was -- where would -- where had we heard it was down to -- between 5 and 11 feet? How is it now 54 and 50 feet? Can you explain? City of Miami Page 64 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Mr. Gimenez: That's based on the base building line. Right? So you have additional right-of-way that was not calculated in the 5 to 10 feet. So when you calculate total, you know, just practically speaking, shoreline to improvement, the numbers are anywhere between 42 and 50, I believe, 4 feet. And we literally just got this, you know, about half an hour ago. Vice Chair Russell: Okay. No. This is substantially greater than five feet. Mr. Gimenez: Absolutely. Unidentified Speaker: (UNINTELLIGIBLE). Mr. Gimenez: You have to speak on the mike. Commissioner Gort: He's got to speak on the mike. Unidentified Speaker: (UNINTELLIGIBLE) 54. Vice Chair Russell: He did, he did. And I'll allow him, once he's back on the dais, to figure the appropriate time for that, but you're right, he did say that. Mr. Gimenez: Vice Chair, while we're waiting, I'd also like to take the opportunity to submit into the record more than 11,000 petitions that we received in support of the project, and just wanted to make the Commission aware of the petitions that we received and the overwhelming support; and, obviously, to place it in the record. Thank you. Commissioner Carollo: Those -- Mr. Gimenez: Uh-oh. Commissioner Carollo: The people that got those petitions, were they paid to get them or not? Mr. Gimenez: No. We actually used a lot of online. Commissioner Carollo: No. I'm teasing. Mr. Gimenez: Of course. Commissioner Carollo: Some other petitions going on right now, so -- Mr. Gimenez: We won't talk about those. No need to confuse the issues. Chair Hardemon: We're ready? All right, ladies and gentlemen, I think we're ready. We could bring Commissioner Carollo back to the dais, please, and also our Vice Chairman. We have our Vice Chairman. We're waiting on Commissioner Carollo. Vice Chair Russell: How'd you do? Chair Hardemon: And then, Madam City Attorney, once the Vice Chairman's finished with his reading of it, you can read it for us on the record. And once it's read into the record, what the Chair would like to ask is for a -- it'll be a motion to approve the agenda with all amendments, as specified on the record, for SP.] and SP.2, so the entire agenda with all amendments, SP.1 and SP.2. That will be included. Yeah, that's included. City of Miami Page 65 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 Yes, that's included. That'll all be in that motion. Commissioner Reyes: All included? Chair Hardemon: Correct. Mr. Dubbin: It had been discussed by, you know, ESJ and the City staff, but you said I'd have the opportunity to address so -- Chair Hardemon: You may. Mr. Dubbin: I'm sorry? Chair Hardemon: I said, you may have the opportunity. Mr. Dubbin: Well, that's kind of like "allowing" on the ballot language; you know, it's misleading. I mean, I may or may not is what it could be interpreted as. I understood it to mean that I would have the opportunity to, so I hope I can, because there are a lot of things that were said that are not accurate. I mean, I can sense where things were going, but at the same time Chair Hardemon: And -- but this is -- the thing about it is this -- is that what -- my job is to allow there to be public comment, so I have to give people an opportunity to comment on legislation that's before us that we're about to take an action on, and I've fulfilled that. And in regard to you, I gave you additional time as a courtesy, because you are an attorney, and I respect your profession. And so, I gave you some additional time to speak on the matter, and -- which was above and beyond; and not just you, but I gave even the gentleman that represented the interest of those greater than himself more time to talk further, at your request. And so, you know, we've been accommodating. But for you, I will give you an additional two minutes, once we've finished up here, but you'll have two minutes just to say what you want to say, because at the end of the day, if there's some action, you're going to take it. And the fact of the matter is that -- so you supplementing the record with your warnings, if you will, is only to your benefit, not necessarily to the City's. And to the City, you know, my job is to protect the City, but, you know, I try to give some accommodations to people who, as you have, come to the City and earn a living, so. Mr. Dubbin: I understand. And what I'm saying, I believe, is to the City's benefit, because the members of the public are entitled to have their Charter enforced, but -- leases enforced and things like that -- Chair Hardemon: Okay. Mr. Dubbin: -- properly understood. So some of the things that were said, I think, need to be corrected, and, you know, then obviously, the Commission will do what it's going to do, and I'll -- when you tell me it's my time, then I'll be -- would like to speak. I just wanted to know when in the framework of what's happening. Commissioner Gort: Dubbin, can you speak into the mike, please? Mr. Dubbin: I said -- Commissioner Gort: Good. City of Miami Page 66 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Mr. Dubbin: --I believe the things I say are not just for the benefit of my clients but for the benefit of the public at large and for the Commission to clarify what the Charter requires, what State law requires, what the current lease requires, the way the current lessee is performing or not performing under the lease. Those are critical factors that would go into the Commission's decision. So, you know, that's the framework. But I just wanted to -- Chair Hardemon: Understood. Mr. Dubbin: -- make sure I had the chance to have that two minutes at the appropriate time, because I see that you said -- I heard you talking to the Clerk about a vote, so I just wanted to make sure I got the chance to weigh in before that's happened. Chair Hardemon: Understood. Mr. Dubbin: Okay. Thank you. Chair Hardemon: Thank you. Mr. Dubbin: Thank you, Mr. Chairman. Chair Hardemon: Madam City Attorney, can you read --? Ms. Mendez: All right. "Shall Miami's Charter be amended, extending Jungle Island's lease for an additional 39 years, plus 15 -year option, waiving competitive bidding; allowing, at developer's expense and option, construction of hotel and attractions with maximum 300 rooms and 130 foot height, in exchange for" -- "at additional annual rent for the hotel of 250,000, increasing to 1,220,000 or 5 percent of hotel gross sales, whichever greater; contribution of 700,000 to the adjacent City park and 750,000 for affordable housing?" Chair Hardemon: So -- Commissioner Carollo: 750,000 for affordable housing is money that's going to be given to the City? Chair Hardemon: Correct. Commissioner Reyes: That's correct. Commissioner Carollo: I just want to put that on the record clearly. Chair Hardemon: Yeah, that's correct. Commissioner Reyes: That's right. Chair Hardemon: So is there -- so -- Commissioner Reyes: And I -- I mean, that's going to be park and (UNINTELLIGIBLE), particularly (UNINTELLIGIBLE)? Chair Hardemon: Right. So the Chair would like to entertain a motion to approve -- City of Miami Page 67 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Commissioner Gort: Move it. Chair Hardemon: -- the agenda with the amendments that have been spoken on the record for SP.1 and SP.2. That's what I'd like -- Commissioner Carollo: Okay. Chair Hardemon: -- the motion I would like to hear. Commissioner Carollo: I will make a motion -- Commissioner Reyes: I will -- Commissioner Carollo: -- as stated by the Chair. Chair Hardemon: Properly moved and seconded. Commissioner Reyes: He had actually made the motion. Chair Hardemon: Commissioner Gort, you --T Vice Chair Russell: He had made the motion. Commissioner Carollo: Oh, he made the motion. Chair Hardemon: Oh, I'm sorry. Commissioner Reyes: Oh, okay. Chair Hardemon: I didn't hear you. So now that -- Commissioner Carollo: That's fine, that's fine. Chair Hardemon: -- we've moved and seconded, I'm going to allow the gentleman to make his two -minute remarks, and then after this, we'll move to a vote. Mr. Dubbin: Thank you, Mr. Chairman. To address some of the points that were made before about the possibility of getting an extension, Mr. Rotenberg said that the developer cannot get an extension without starting the construction. And it's true that the current lease says that once they get the permits, they get the extension, and it disappears if they don't build, but that's not in the ballot language. So the developer would have every right to come back here in a few years and beg and plead with the Commission to allow that extension to remain without them building. That's malleable, and we've seen in the past that developers do that when they think conditions change and circumstances change. So the extension could be given unilaterally, you know, with the Commission vote, without a hotel being built. The other point that I wanted to make is that, as Mr. Rotenberg said, they do have to comply with the current lease. Well, the current lease requires them to work with the neighbors on mitigation -- you know, sound studies and mitigation, and as my client said, we attempted to do a joint study, which ESJ refused to follow through with. So they submitted a sound study, which, if you read it, it doesn't even pass the straight face test. It doesn't even idents the locations of the events that would take place, and it has -- measures ambient sound; in other words, the baseline sound from Watson Island, not City of Miami Page 68 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 from Biscayne Island, which is a lot quieter. So we had a professional, Bennett Brooks, do a critique of the sound study, and I say this because, you know, we expect the Commission to insist that ESJ follow the existing lease, which they're not doing. And what Mr. Bennett -- Mr. Brooks said was, the study shows that the Dugger Report is, at best, preliminary and incomplete. It does not provide adequate information that the beneficiaries of the proposed lease can rely upon to ensure that the lessee will provide all of the protections against noise disturbances for the existing residential neighborhood, as required under the existing lease agreement. The Dugger Report is misleading, as it underestimates noise conditions from the proposed leasehold activities and overstates the ambient background sound levels on Biscayne Island. As such, the Dugger Report ignores the seriousness and intensity of the noise impacts of the Jungle Island improvements on the adjacent residents. Therefore, the Dugger Report does not support the contention that there will no noise impact on the existing adjacent residents, or provide confidence that the lesser will be protected, as required. On the contrary, a simple review of the Dugger Report and the Jungle Island plan shows that the operation is likely to cause significant negative noise impacts to the neighboring residents on Biscayne Island, including those at 1000 Venetian Way. Chair Hardemon: Thank you very much, counselor. You've exceeded your time period by 45 seconds. Mr. Dubbin: Well, thank you for letting my clients and me discuss this -- Chair Hardemon: Thank you, sir. Mr. Dubbin: --and I'm sure we'll be discussing this again. Chair Hardemon: I'm sure we'll see you again. I know you have something you want to say. Mr. Gimenez: Thank you. For the record, C. J. Gimenez, on behalf of Jungle Island; just want to really quickly address those two points that were made by opposing counsel. Number one, with regards to the language, you know, what the language is stating is that we have the ability to build a hotel at our election. Ultimately, what he was going back to was, "Okay, it will revert back to the City if we don't move forward under the timetable that was put forth by the lease. The 39 year extension is essentially eliminated. " Well, that's not really what the citizens are asked -- being asked to vote on. They're being asked to vote on whether or not they want a hotel, to begin with, and I think the ballot language that has been provided by staff accomplishes that task. As far as the noise is concerned, every other city property, no matter where it is, has to comply with the City's Noise Ordinance. We believe that we do. If the opposition believes that we don't, I, you know, obviously, welcome them to go ahead and bring their own sound studies, call Code Enforcement. You know, we comply with the Code, along with everybody else in the City of Miami. And if they don't, then there's a method to address that. Thank you. Chair Hardemon: Thank you very much. Is there any further unreadiness7 Commissioner Carollo: Yeah. He was doing real good until he went to the point that everyone has to follow the Noise Ordinance in the City. You're wrong. City of Miami Page 69 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 Mr. Gimenez: No. Commissioner Carollo: I got some characters in my district that think that they could do whatever they please. Mr. Gimenez: Commissioner, then, for your edification, then you obviously have the right to call Code Enforcement and have them inspect the site as well. Commissioner Carollo: Yeah, but won't hold my breath on that; I've been trying. Chair Hardemon: Seeing no further discussion, all in favor of the motion on the floor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Hannon: With SP.1 and SP.2 being amended? Chair Hardemon: Correct. Ms. Mendez: As amended. Chair Hardemon: Meeting is adjourned. Commissioner Carollo: No. We have -- did we do (UNINTELLIGIBLE)? Chair Hardemon: Yeah, it was in there too. Commissioner Carollo: Okay. Chair Hardemon: All three. Commissioner Carollo: Huh? Chair Hardemon: All three of them passed. Commissioner Carollo: Okay. That was included in there? Chair Hardemon: Yeah. Commissioner Carollo: All right. I missed that. Good. City of Miami Page 70 Printed on 08122/2018 City Commission Meeting Minutes June 8, 2018 SP.2 RESOLUTION 4102 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING Real Estate and TO THE ELECTORATE A PROPOSED AMENDMENT TO THE Asset CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Management ("CHARTER"); SPECIFICALLY PROPOSING TO AMEND SECTION 29- B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION, BY A FOUR-FIFTHS (4/5TNS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO EXECUTE BOTH AN ESCROW AGREEMENT ("ESCROW') AND THE FIFTH MODIFICATION ("FIFTH MODIFICATION") TO THE LEASE AND DEVELOPMENT AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY') AND ESJ JI LEASEHOLD, LLC ("ESJ") FOR 19.35 ACRES OF CITY -OWNED WATERFRONT PROPERTY, AMENDING CERTAIN TERMS OF THE EXISTING LEASE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING MATERIAL TERMS: ADDITIONAL IMPROVEMENTS ON THE 19.35 ACRES OF CITY -OWNED WATERFRONT PROPERTY; MODIFICATION TO THE CURRENT REMAINING LEASE TERM ("TERM") OF APPROXIMATELY FORTY THREE (43) YEARS AND EXTENDING THE TERM TO 2099, WITH AN ADDITIONAL OPTION OF FIFTEEN (15) YEARS TO EXTEND THE LEASE TO 2114; PAYMENT OF ADDITIONAL ANNUAL RENT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) INCREASING, ONCE A PROPOSED HOTEL HAS STABILIZED, TO THE GREATER OF ONE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($1,150,000.00) OR FIVE PERCENT (5%) OF ANNUAL GROSS REVENUES FROM THE PROPOSED FIFTY MILLION DOLLAR ($50,000,000.00) HOTEL, WITH A ONE HUNDRED THIRTY (130) FOOT MAXIMUM HEIGHT, SUBJECT TO CITY APPROVALS AND SUCCESSFUL LAND USE AND ZONING CHANGES, AS NECESSARY; PROVIDING PARKING, RETAIL/RESTAURANT, AND MEETING ROOM SPACE; PROVIDING IMPROVEMENTS, REPAIRS, AND MAINTENANCE TO THE ICHIMURA-MIAMI JAPANESE GARDENS IN THE AMOUNT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00); PROVIDING A CONTRIBUTION OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), PAID OVER A TEN (10) YEAR PERIOD, FOR LOW INCOME HOUSING RENOVATIONS IN BLIGHTED AREAS OF THE CITY; ESTABLISHING A REPAIR RESERVE ACCOUNT; IMPLEMENTING A THREE PERCENT (3%) TRANSFER FEE OF GROSS SALE PROCEEDS; IMPLEMENTING A REFINANCING FEE OF ONE PERCENT (1%) OF LOAN PROCEEDS; PROVIDING A RENT CREDIT TO ESJ IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FOR REIMBURSEMENTS OF COSTS RELATED TO SHORELINE STABILIZATION AND IMPROVEMENTS NEEDED AS A RESULT OF EROSION FROM HURRICANE DAMAGE IN 2017; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A SPECIAL ELECTION TO BE HELD ON AUGUST 28,2018; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF Citv ofMiami Page 71 Printed on 08/22/2018 City Commission Meeting Minutes June 8, 2018 ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ESCROW AND FIFTH MODIFICATION, SUBJECT TO APPROVAL BY THE ELECTORATE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO DELIVER TO THE CITY ATTORNEY WITHIN SEVEN (7) DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION, THE EXECUTED FIFTH AMENDMENT TO BE HELD IN ESCROW BY THE CITY ATTORNEY; AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY ON BEHALF OF THE CITY TO COMPLY WITH THE ESCROW; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0232 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item SP.2, please see Item SP. 1. SP.3 RESOLUTION 4236 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDS IN AN AMOUNT NOT TO Commissioners EXCEED ONE MILLION DOLLARS ($1,000,000.00) FROM PARKS and Mayor IMPACT FEES IN THE CITYWIDE PARK LAND ACQUISITION PROJECT NO. 40-B40507 TO THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B173515, HADLEY PARK SYNTHETIC TURF AND PARK IMPROVEMENTS ("PROJECT"), FOR THE PURPOSE OF MAKING CAPACITY ENHANCING CAPITAL IMPROVEMENTS AT THE CITY OF MIAMI'S ("CITY") CHARLES HADLEY PARK, LOCATED 1300 NORTHWEST 50TH STREET, MIAMI, FLORIDA ("HADLEY PARK"); AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ADMINISTRATION TO AMEND THE CITY'S MULTI-YEAR CAPITAL PLAN FOR FISCAL YEAR 2017-2018 ACCORDINGLY AND TO USE ANY LEGALLY AVAILABLE RESOURCES TO EXPEDITE, UNDERTAKE, CONSTRUCT, AND EFFECTUATE THE CAPACITY ENHANCING CAPITAL IMPROVEMENTS FOR THE PROJECT AT HADLEY PARK. ENACTMENT NUMBER: R-18-0233 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item SP. 3, please see Item SP. 1. City of Miami Page 72 Printed on 0812212018 City Commission Meeting Minutes June 8, 2018 ADJOURNMENT END OF SPECIAL MEETING The meeting adjourned at 2:18 p.m. City of Miami Page 73 Printed on 08/22/2018