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HomeMy WebLinkAboutCC 2019-11-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com TY EDI6 Ar T i * INC0RP CBATE0 1 is 08 0__ It__ �r Meeting Minutes Tuesday, November 12, 2019 9:00 AM Special Meeting City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 12, 2019 9:00 AM INVOCATION AND PLEDGE Present. Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 12th day of November, 2019, 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 Russell at 9:37 a.m., recessed at 12:03 p.m., reconvened at 12:13 p.m., and adjourned at 12:20 p.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 9:49 a.m., and Commissioner Hardemon entered the Commission chambers at 10:09 a.m. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd R Hannon, City Clerk Chair Russell: Good morning, everyone. Welcome to the November 12, 2019 Special Meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon, Wifredo "Willy" Gort, the Vice Chair; and me, Ken Russell, your Chairman. Also on the dais are Emilio Gonzdlez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Vice Chairman Gort and the pledge of allegiance led by Commissioner Reyes. All rise, please. Vice Chair Gort: Good morning. (Invocation and pledge of allegiance delivered) Chair Russell: Thank you, Commissioners. ORDER OF THE DAY Chair Russell: Good morning, Mr. Manager. Are there any items today for withdrawal, deferral, or continuance? Emilio T. Gonzalez (City Manager): Not at this time, sir. Chair Russell: Is there anything from the dais? Anything for the order of the day with regard to the items we're dealing with? Commissioner Reyes: Lester Sola and Alice Bravo, they have to leave. If we can hear what they have to say before -- Chair Russell: Someone here is for public comment with regard to the items on the dais -- on the agenda? Commissioner Reyes: Yes. They're going to be speaking about the traffic -- Chair Russell: Good. We'll let them go first -- City of Miami Page I Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Reyes: -- (UNINTELLIGIBLE) and about the airport, the amendment. Nothing (UNINTELLIGIBLE) information; just procedure, the way it goes, and all of that, for us to understand. Chair Russell: Gladly. So we'll include them either at public comment, if they wish, or during the discussion item, if they wish. Commissioner Reyes: Okay, but they -- Chair Russell: We'll honor -- Commissioner Reyes: -- I just wanted to inform you that -- Chair Russell: They have a time limit. Commissioner Reyes: -- they have a -- they're constrained by time. They have to go back to the County. Chair Russell: Gladly. Duly noted. Thank you very much. Madam City Attorney, do we need to read the rules? Victoria Mendez (City Attorney): Please. Thank you, Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the Code of the City of Miami, 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 of icial, board member, or staff member until registering. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code. Material for each item is available during business hours at the City Clerk's Office and online 24 hours a day at wwmiamigov.com [sic]. Any person maybe heard by the City Commission through the Chair for not more than two minutes on the proposition before the City Commission today, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period or at any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles are available at the podium for your ease of reference. 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 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 at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled meeting [sic], whichever occurs first. Thank you. Chair Russell: Thank you, Madam City Attorney. PUBLIC COMMENT ON SPECIAL MEETING ITEMS Chair Russell: Mr. Mayor, did you have any sort of statement before we start? I was going to ask if you had a Mayor's statement before we start. City of Miami Page 2 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mayor Francis Suarez: I think what will be best is probably to let the public speak. Chair Russell: I'll -- we've move on then with the agenda then. Mayor Suarez: Thank you. Chair Russell: So we're going to -- the way we're going to work today -- everyone, thank you all for coming. Thank you for your advocacy and interest in this issue. We have three items on the agenda today; two action items and a discussion item. If you're here to speak on any of those items, you'll be given two minutes each to speak. We'll ask for your name; you don't need to give your address, and you'll have two minutes to speak. You'll hear a little beep at the 30- second point, which is about the time to start wrapping things up so that you finish at your two - minute point to respect everyone's time. I believe we had a couple representatives of the County, who I'd like to recognize first in order to honor their time, if you'd like to speak during public comment; is that correct, Ms. Bravo? You're very welcomed to speak at this time, if you'd like. Oh, I'm sorry; I couldn't hear you. I -- Commissioner Reyes asked to give deference for your time, so I'm recognizing you early. Alice Bravo: Alice Bravo, Director of Transportation and Public Works for Miami -Dade County. I have a little more time, so I can actually stay till about 10: 45. Chair Russell: So what we're going to do is -- would you like to speak during the public comment portion or during the Administration's discussion item on the --? Ms. Bravo: I'm really here to answer any questions that are addressed. Chair Russell: Oh, throughout the process, okay. Ms. Bravo: Right. Chair Russell: Understood, then. Ms. Bravo: But I do have to leave around 10: 45. Chair Russell: Okay. So if you have something you'd like to offer, to say, I would recommend doing it now at public comment period from the County s (UNINTELLIGIBLE). Ms. Bravo: I guess the one thing that I'll offer is, earlier I was asked if we had reviewed the traffic study prepared for this project, and what I explained was how a normal process would work for a development. Sorry about that. And basically, normally, a development, there's a site plan that gets approved through the City Planning and Zoning process, and then some type of traffic study is generated for that; the City would review that. And at that point, that would be submitted to the County for review. And if that involves an element from other agencies, such as FDOT (Florida Department of Transportation) or County roads, et cetera, the developer would go ahead and work out those modifications with those other agencies. And then, basically, that's how a development is normally put together. And if there is an issue with getting those approvals from other agencies, then, you know, you might have to make some modifications to the development. So at this point, we're not, in that normal process, at a point where we would be reviewing a study. Chair Russell: Where are we, from your perspective, in this case? Ms. Bravo: Well, I think, having worked here at the City before, you would approve some type of development deal, and then the onus is on the developer to go through all the approval processes. So I think you're at that beginning stage. City of Miami Page 3 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thank you very much. Commissioner Reyes, was there someone else you wanted to recognize before --? They're together. Victoria Mendez (City Attorney): Mr. Sola, I believe, is also -- Chair Russell: Good morning. You're recognized. Lester Sola: Good morning, Mr. Chairman. Lester Sola, Aviation Director, and I'm here on behalf of some conversations, a request to clarify what the position of the Airport is, and we've had some conversations with the airlines and our business partners, and the position is very simple. This is very early on the process. We've had some informal conversations. There is legislation that's been approved by the board, asking the Airport, RER, and Transportation to do some studies. We're just beginning those studies. But the position, in general, if I could oversimplify for the purpose of this conversation, is we have no objections, we have no position. As long as the airport is able to continuously function the way it is, the capacity of the runways, it should be fine for us. We have no objection with that regard. Chair Russell: Thank you for your statement. Commissioner Reyes: Question. Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Have you made any analysis of how this could impact the main -- one of those runways? Mr. Sola: Not right now, Commissioner. And the reason for that is because we don't have -- and maybe it doesn't -- we haven't had the opportunity to see what a full development plan is. Commissioner Reyes: Okay. Mr. Sola: So there may not even be a full development plan, so it's very premature in its phase to make a determination whether there is an impact. Commissioner Reyes: So the determination will be made after you get the set of plans and all of that? Mr. Sola: There is a process by which any time a building is going to be constructed that is within the pathway of either departure or arrival on one of our runways, both the County, the Aviation Department, as well as the FAA (Federal Aviation Administration), look at the development and will ultimately make a determination or provide some guidance to the developer of that particular structure. Commissioner Reyes: Okay, okay. Thank you. Chair Russell: Thank you. Commissioner -- Mr. Sola: Thank you, Commissioner. Chair Russell: -- Vice Chairman. Vice Chair Gort: I have a question. You do any analysis of how fast the people can get to the flights, because you --flights today, they cannot change their times. Mr. Sola: With regards to egress -- Vice Chair Gort: With the traffic going into the airport; ingress, egress (UNINTELLIGIBLE). City of Miami Page 4 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mr. Sola: We have studies for the existing airport today, but not for any developments that may or may not develop with a surrounding airport. Vice Chair Gort: Thank you. Commissioner Reyes: Excuse me. Would you -- Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: -- you -- will you do an analysis on how the passengers are going to be affected by additional traffic? Mr. Sola: So the mandate that the Board of County Commissioners passed with regards to a resolution, asking the Airport to lead a --what would be a study. We're in the process of that now. That will take several months for us to finalize it. And once that work product is completed, we'll be happy to share with anyone who is concerned. Commissioner Reyes: Thankyou. Chair Russell: Thank you very much for your comments. Mr. Sola: Thank you, Mr. Chairman. Chair Russell: All right. We're now going to open up for public comment. If you're here to speak on this issue, please line up at both of the lecterns. Anyone who's here to address this dais and the public, please line up at both of the lecterns; stay close behind each other, and we'll just alternate lecterns, and you'll get two minutes apiece. Just say your name, which item you're speaking on. You'll listen for the buzzer at the 30-second point; at which time, you can start wrapping things up. So we'll start right here with you. Good morning. Terry Morales: Hi. Good morning. My name is Terry Morales. I live two blocks away from the subject property, and I question the issue about the airport specifically. We, as residents, already deal with the airport traffic, and we have, thankfully, been able to coexist, but I question if the solution to the airport traffic is going to then --for the stadium to be brought, the egress and ingress, through 37th Avenue. I live exactly three blocks away from 37th Avenue, so I really am very concerned about the traffic impact and about the lack of studies that has been presented so far. This is a huge concern for me. I'm concerned about the phase of construction and then afterwards. Use -- as Commissioner, you've always prioritized green space; yet, you vote to remove the one and only City of Miami golf course. I don't understand this. I don't even know if your constituency wants this. So I question why you would vote yes "for this. The property is owned by taxpayers. These same taxpayers were bamboozled into thinking that they were voting for a Freedom Park and soccer village. They received numerous fliers, like this, saying, "Vote yes' for a soccer stadium, " when, in fact, they were voting "yes "for a no -bid process; a no -bid process that would allow red carpet for Mr. Jorge Mas, and only Mr. Jorge Mas, to present his plans. This law was put in place to provide taxpayers other opportunities, other plans, other than just what he was presenting. I question why this was -- these were the very laws to protect the special interests and back -alley negotiations; these very laws that were put in place. This is very shameful and repugnant, quite frankly. Like I said, I'm concerned about Miami Airport. We already coexist with that, and I think that this situation will impact us greatly. We are -- Chair Russell: Thank you, Ms. Morales. Ms. Morales: --a tourist -supported city as well. We should not affect the tourists that are coming in. City of Miami Page 5 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thank you. Could you submit -- or just loan that flier, for the record, to be copied -- Ms. Morales: Sure. Chair Russell: -- so that we can see it? Thank you so much. Ms. Morales: This is one of many. I'm sorry; I failed to keep the dozens, which I should have. Chair Russell: No. Just so you -- because you've referenced it here on the lectern -- Ms. Morales: Oh, sure. Chair Russell: -- we'd love to have it in the record. Ms. Morales: Of course. Chair Russell: Thank you so much. Thank you for your comments. Good morning. Andres DeBayle: Good morning. First off, I would like to thank the Commission for allowing me to speak in behalf. I'm a concerned citizen in Mr. Carollo's district, District 3, and I am for Miami Freedom Park. I am a huge soccer fan. And what I find quite concerning --or excuse me -- disconcerning [sic] is some of the opponents of the park have labeled Melreese as a green space. Yes, it's a green space because it's a lot with green grass. It can't be used as a public park. As it currently stands, the land is polluted, it is contaminated. I cannot take my own daughter thereto play on any playgrounds there. It's fenced off. I don't even understand how they can say it's a public park. In addition to that, I find the fact that more than 60 percent of the community voted and gave a mandate to this Commission to negotiate and agree upon terms for this lease. I feel that the vote of the community is being canceled out, that our voice is being censored; and that this is something that most of the people within all our districts came to this country hoping to have a voice, hoping that their vote stands, and not to be censored out. My family came from Nicaragua, and unfortunately, what I've seen on the actions of this Commission quite -- make me think twice about why they came here. Thank you. Chair Russell: Thank you for your comments. Good morning, ma'am. Gladys Fuentes: Good morning, Commission. Thank you so much. Today, once again -- My name is -- Chair Russell: Your name, please. Ms. Fuentes: -- Gladys Fuentes, District 1. Chair Russell: Can you move the microphone down just a little bit? Thank you. Ms. Fuentes: Today, once again, I come before this Commission and respectfully ask you to do the right thing. The City has no business making a vote on property that is City -owned and favoring Mas Beckham over the open bidding process, which is the American way. You have failed the residents of the City by bringing this to a vote at all, giving away City -owned property in favor of building a commercial complex with a deceiving name, `Miami Freedom Park. " You failed the residents by sending a vote to the people, thinking they were voting for a stadium when, in fact, the language reads, "waiving open bidding. " You failed the residents of District I by proposing a project that will interfere with airport business and disrupt the lives of those most close to the project. You failed the residents by allowing only 5, 000 parking spaces for this complex. You failed the residents by favoring aloud sport over a quiet sport, where disabled individuals can come and play, and where many charitable events are held, including First Tee for children that is not toxic. Finally, when this Commission violates its City of Miami Page 6 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 own City Charter and goes out of its way to show favoritism at all levels, leaves much to say about the integrity and loyalty of the Commission to its residents. You made a note to this -- to the residents, protecting the City at all costs. And ifyou go ahead with a `yes" vote, you have violated your oath of office and let us down. This is my feeling. Chair Russell: Ma'am, just a quick question. Are you representing First Tee or you're hereon your own? Ms. Fuentes: I am representing myself. Chair Russell: You're -- okay. Thank you. Just wanted to clarify (UNINTELLIGIBLE). Ms. Fuentes: I know; I'm wearing it because I've worn it before. Chair Russell: No. I fully understand. Of course. Ms. Fuentes: Yes. Chair Russell: Thank you very much. Commissioner Carollo: Chairman, Chairman. Chair Russell: Commissioner Carollo, good morning. Commissioner Carollo: Good morning, and congratulations to you. Chair Russell: Thank you, sir. Commissioner Carollo: Chairman, fellow members of the Commission, Mr. Mayor, senior staff, I do not want to spend hours and hours here today to hear the same thing that we heard when we voted to place this on a referendum. Whether you're for it or not, the reality is, the facts are that this Commission put this to a referendum. For better or worse, the majority of the voters of Miami -- close to two-thirds -- voted to give this Commission the authority to negotiate. Didn't say that we had to approve it; that it was a foregone conclusion. It was the authority to negotiate. Now, this is the topic today, and what I don't want to have is a couple of hours of people talking that really is beyond what we're here today, if we're not going to go forward with this today in any way, outside of briefly discussing among ourselves, whether we should or not. What's here before us today is our -- do we have a contract that we could look at, that we can vote upon or not? And if we don't, and we vote it down, then this is why I placed on the agenda the second item, which would only make sense, to put it to a referendum for the whole area, except for a parcel, for a soccer stadium, but that was only if the first part would be voted down, which I think would only have made sense, and this is what I was trying to tell you the other day. If one went down, then you needed to look at the second part. So I think we could save everybody a lot of time, because once this -- if it comes back, there's going to be plenty of time for everybody to express themselves, their frustrations one way or another, before it, against it, or say anything they want. I will say this: This issue is not about the Mas family. It's not about Mr. Beckham. It's about a business deal for the residents of the City of Miami that they have placed their trust in us to make a logical financial decision for them, if we can, or if not, not to accept it and go on. But I, for one, don't see -- Chair Russell: Thank you. Commissioner Carollo: -- the reason of going for several hours in public hearings without us discussing first if we even want to go forward. If we do, then open up the public hearings. But if this is a quick, easy vote, one way or another, then I think we could save ourselves a lot of time today. City of Miami Page 7 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thank you, Commissioner. Point taken, Commissioner. So from a procedural perspective, we already had the order of the day before you came up. At which time, we could have withdrawn, deferred or continued any items. There was no action at that point. If-- to do any action on SP.1 or SP.2, we must procedurally allow the public to speak -- Commissioner Carollo: You're (UNINTELLIGIBLE). Chair Russell: -- and they have the right -- please -- the right to say whatever they want during their two minutes, and that is absolutely our job to listen to them. Whether we agree or disagree, whether they are right or whether they are wrong, that is one of the very few things that we absolutely must do here today if we are going to take an action. If there's no action on an item --for example, if we were simply to withdraw or not take up today's agenda, then we would not necessarily have public comment, but it looks like we are taking it on. Commissioner Carollo: Commissioner, you are correct, but the difference is that you do not have to have public hearing before; it could be during the middle or it could be after. Chair Russell: Yes. And I've chosen to have public comment at the beginning of the day before all these items are discussed, so that those who are for and against can let us know their position before we take an action. So fortunately or unfortunately, we will be listening to our public. In my opinion, it is fortunately. And I believe that is our duty to stay here and hear everything they have to say, and I have a feeling Mr. Matheson will have some opinions on procedure as well. Bruce Matheson: Bruce Matheson, representing myself on the first issue. The Commission has put on the agenda for today a resolution to approve, by a four -fifths, quote, "Waiving competitive bidding, and authorizing the City Manager to negotiate a lease with the developer. " The City Charter requires competitive bidding for the sale or lease of any City property. Competitive bidding is a specific type of bidding, which ensures the best bid for our City land. Chairman Russell and Commissioner Carollo both requested that the words "waive competitive bidding" be put on the November 6 ballot. However, those words were not on the ballot because you, Commissioners, voted 3 to 2 to keep the word "competitive" off the ballot. Today's resolution highlights exactly the voting public has been misled. This resolution clearly asks you, the Commissioners, whether competitive bidding should be waived for the lease and development of the Melreese property. But the November ballot question hid from the voters that they were asked to waive the fundamental protections afforded by the Charter's competitive bidding and fair market value requirements for this project, equally important. The ballot did not state the actual terms of this development project; further misleading the voters. The ballot mentioned misleading minimum square footage of commercial space and a number of hotel rooms. We were told minimums but not the maximums. It also mentioned a misleading minimum annual rent and a misleading contribution of green space. The voters should have an opportunity to vote on the real terms. I ask you, our elected officials, when you consider this vote, you keep in mind that the public wasn't given the same information last November that you have been given today. Eliminating competitive bidding without full disclosure to the public is misleading and unconstitutional. Competitive bidding was not on the November ballot. The voter cannot waive something -- it was not on the ballot. Remember, you voted to keep the word "competitive" off the November ballot. Thank you. Chair Russell: Thank you, Mr. Matheson. Good morning, Mr. Fried. Jim Fried: Good morning, Mr. Russell -- Mr. Commissioner and Commissioners. My name is Jim Fried, 555 Northeast 34th Street. I'm speaking for myself and many people throughout Miami. Miami needs more grass and trees, not less. Miami needs more public parks, not less. Miami ranks last in park space per capita. Please vote to protect Melreese Park. Please do not vote to destroy Melreese Park. If there is a vote to destroy Melreese Park, you should definitely put the site out to bid first. Thank you so much. City of Miami Page 8 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thank you for your comments. Good morning. Lori Terrell: Good morning. Congratulations on your re-election, Commissioner Russell. Chair Russell: Thank you. Ms. Terrell: And thank you, Commissioner Carollo, for your comments; very appropriate to today's agenda. The lease agreement is the subject of this agenda today, not the environmental studies, traffic studies. And I'd like to clarify one thing, because, most respectfully, Mr. Mayor, it is this City Commission that named Melreese Golf Course "International Links at Melreese Country Club. " It is not a country club. I've told several Commissioners that before. The pricing of it is lower than every public golf course in this county. So I'd like to acknowledge, the Super Bowl Committee yesterday decided to have their golf tournament at Melreese Country Club, the International Links, or Melreese Golf Course. That's what it is; a public golf course with an adjacent park. Mayor Suarez: I agree. Ms. Terrell: It's very distressing to try to label it as an elitist group. Having a public golf course is a basic infrastructure asset of any great city. I played a lot of sports; basketball, volleyball, golf. I played in school, and I took my first golf lesson at age 10, at Norman D. Shores Golf Course. Jason Day, Tiger Woods, Rory Mcllroy, all grew up on public golf courses, and they were disenfranchised as young boys. In fact, Rory Mcllroy decided to play in the Olympics for Ireland, because he was so proud of the fact that on Ireland's courses, he'd feel dirt and divots as a child at dawn. I would just like to say that it's not about golf versus soccer, because I am very much in favor of soccer coming to Miami. I spoke to representatives from youth soccer on October 24 when they were here, and I believe we should have both. I just don't believe that this soccer stadium should be attached to an airport commercial development and take away the only public golf course in the largest, highest, most populated municipality in this county. Chair Russell: Thank you very much. Todd B. Hannon (City Clerk): Chair, I'm sorry; the speaker's name? Chair Russell: Your name, please, ma'am? Mr. Hannon: Ma'am? Chair Russell: Miss, just need your name for the record. Thank you. Ms. Terrell: Oh. Lori Terrell, 1425 Brickell Avenue, your district. Mayor Suarez: Mr. Chair, if I may? Mr. Chairman, may I? Chair Russell: Mr. Mayor. Mayor Suarez: I just want to just mention -- she mentioned my name a couple times. Look, I would love to have both, you know, 130 acres for a golf course and for this project. Obviously, the residents, who are all of our bosses, are the ones that decided that they wanted us to go forward with this vision. And so, I'm simply executing what the residents have instructed us to do. And so, I don't think it's inappropriate for someone to want it to remain a golf course or to love the fact that it's a golf course. I think that's a perfectly appropriate position, and certainly, it is an expensive golf course and it's a well -maintained golf course. The issue is not that. The issue is whether or not it's appropriate for us to look at another vision for the property, and it's 130-acre property; we only have one like it that's situated where it is, with all the benefits that come with it, and, you know, I felt a responsibility. As a Commissioner said, City of Miami Page 9 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 this Commission decided to let the people decide whether or not they wanted to maintain it as a golf course, which is a perfectly acceptable thing for the residents to want to do, or not. And they have empowered us to negotiate to do something else with the golf course. I simply believe that we have now a responsibility to those residents who are our bosses to finish the process and finish it appropriately and properly and diligently. A lot of the diligence that is a part of this process has been actually imposed by the Commission; rightfully so. Independent consultants make sense, not to just necessarily believe what the team has told us in terms of the environmental condition of the property, the traffic, you know, of the property, or what it could cost to the property and to the surrounding areas and the airport, and that's why we're doing all these independent studies, and they are all incorporated into the negotiation process. By the time this process is finished, we're going to have five appraisals, five different appraisals, from very reputable international companies. So it's not my opinion of as to the value. It's not anyone else's opinion as to the value. It's not the team's opinion as to the value. It's the five independent companies --four and one peer review -- that will determine what the fair market value is. So, you know, I respect her perspective. I do agree with some of the things that she said about it being an inexpensive and well -maintained golf course. Part of that reason why it's inexpensive and well -maintained is because the City has, frankly, had to subsidize it for many, many, many years, and so --and we did it happily. We did it happily and spent millions of dollars to maintain the golf course and the pertinent facilities, and that's a decision that the City made, and I'm perfectly fine with that. And so, you know, my job now is to help conclude this process so that we do what the Commission has asked us to do; review the independent experts that they have commissioned, incorporate their information into our documents, and bring responsibly to this Commission, as quickly as possible, a deal that this Commission can either vote up or vote down based on theparameters of the deal. Thankyou. Chair Russell: Thank you, Mr. Mayor. And what I'd like to do just procedurally is to keep things moving along for us and respect the time of our public, so we'll have our discussion item as a dais here, following the public comment. If anyone has a specific question for one of the public who's speaking, I -- you're also welcomed to ask those questions, but I'd like us to save any editorializing in terms of trying to -- don't feel the need to respond to every public speaker, is what I'm saying. So -- because obviously, they'll either going to be for or against. They may say something that is correct or incorrect. Let's try to save that for the discussion item. Personally, I'm taking notes on some of the points that have been brought up by the public speakers, and I'll be asking some questions of the Administration based on that afterwards. Commissioner Reyes. Commissioner Reyes: I just have a -- I want to make a comment on the Mayor's word. Mr. Mayor, the lady was referring is that the fact that your presentation and all the TV (television) shows and on radio, you had addressed the Melreese Golf Course as a private club, which is totally untrue. If you want to know what a private club is, it is the Riviera, Mr. Mas place. You cannot even walk in and have a Coke there, unless you are accompanied by a member or (UNINTELLIGIBLE). Chair Russell: Thank you. Commissioner, again -- Commissioner Reyes: You see? Because that was -- Chair Russell: -- this is not the time for this. Commissioner Reyes: Wait a minute. That is the type of information -- misinformation that was presented that she was referring to. Mayor Suarez: Mr. Chair, if I may? Chair Russell: All right. Please, gentlemen, we need to respect the public. Commissioner Reyes: I just wanted to clam that. City of Miami Page 10 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thank you, but it does not need clarifying at this point. We have a discussion item on this agenda -- Commissioner Reyes: Okay. Chair Russell: --for us to really debate this, because there are very poignant sides to this argument, but this is not our time to do that. This is the time for our public, our bosses to let us know what they believe, and we need to respect that time and not feel the need to respond or counteract or debate the public. Our job right now is to listen to our public. And so, I'd like to get through the public comment portion, and then we will have our time. Next speaker, please. Rob Zuer: Thank you. Rob Zuer, Miami resident, 33130. I'm here to speak in support of the Miami Freedom Park project. First and foremost, it's an amazing, amazing financial deal for the City, from everything that I've seen; the amount of revenue that it's going to bring in; more importantly, the jobs it will bring into the City. From a selfish perspective, I'm a huge sports fan, so being able to attend professional soccer close to home is amazing to me. But it's very refreshing to see an ownership group that's willing to step up, and I've been around the country and seen other stadiums that's willing to take on the financial burden from its residents, and I've seen what new stadium projects can do for the community in what now is a golf course, and what they plan to do is turn it into what I am aware is the -- will be the second largest park in the City of Miami that everyone can use, not only people that play golf. Thank you. Chair Russell: Thank you for your comment. Good morning. Eetefania Diaz-Balart: Good morning. My name is Estefania Diaz-Balart, from zip code 33149; although I'm not direct resident of the City of Miami. As a new mom, expecting my second, I want to express my support for a project that brings more green parks to South Florida for my family to enjoy, and that's my stand. I support the park. Chair Russell: Thank you very much. Ms. Diaz-Balart: Thank you. Chair Russell: Thanks for your comment. Good morning. Roy Twell: Morning. Roy Twell, 4464 Southwest 11 th Street. I am in favor of the project, and I speak to you today as a new resident of Miami. My wife, my 20-month old son, and our daughter, who will be coming in January, all moved here. I've had the fortunate opportunity; that soccer has taken me all over the world. I've seen what it does to revive communities, to inspire communities. I witnessed firsthand what anew stadium and entertainment project did in our nation's capital, Washington DC (District of Colombia), and brought together those families. I saw that all being done. And keep in mind that that project was not done at a zero - taxpayer dollar cost. Regardless of race, religion, and politics, there's one unifying thing in this world, and that's the soccer ball. The ball unites us all. Aside from bringing the global game to our City of Miami, Miami Freedom Park will bring us the second largest public park in the City, one that my family and I look forward to making many memories at. On match days, thousands upon thousands of fans will be coming to that area, driving economic value to our City. These projects become much more than just a stadium; they become our home, our church. They become an area for the entire community to congregate at. Miami Freedom Park is a great deal for our City, and Miami voters voted 62 percent in favor of this project, and it's your responsibility as Commissioners to respect that vote. If you decide to open it up to a public RFP (Request for Proposals) process, you're turning your back on the very people that put you in that seat. This was not your decision; it was the voters' decision. Respect the vote. Thank you. City of Miami Page 11 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thank you for your comment. Good morning. Diego Ruiz: Good morning. Good morning. Good morning, everyone. My name is Diego Ruiz; zip code is 33014. I have the privilege to work in a child development program for kids ages one year old and up herein my hometown. With development of the community spaces, Freedom Park will offer up new facilities, safe spaces for the children of Miami that have access to -- in playing the game we all know and love, which is soccer. Currently, there's a lack of ability in urban communities. Development of Freedom Park in its subsequent safe space will be the first of many steps in the right direction. Every day I see sports bring people together. Our hope with Freedom Park is to see the children of Miami keep active, while building self-confidence and seeing work skills, in addition to the social and emotional development benefits that can greatly impact the youth within the City of Miami. City of Miami deserves to see how this could be a positive benefit to our community and how the potential project could not only be apart of a larger community but help connect and shape it. We hope that you'll vote to see this through so the City of Miami has the opportunity to grow. Thank you. Chair Russell: Thank you very much. Good morning. Charlie Turano: Good morning. Charlie Turano, 33131. I'm just hereto speak in favor of the project; voted for it earlier, and I'm expecting obviously for you to respect that vote and to move the process along. Soccer is apart of what's being offered here, but really, it's a 365- day venue for all of us, soccer fans and non -soccer fans. I think you're fortunate to have a family step up in sports and not hit the taxpayers with their funds but fund it themselves. If you just look at the vision, it should be simple to see the benefit that it would have for the City of Miami. It'll be a beautiful thing. I think in 5 and 10 years down the road, we'll look back at this meeting, appreciate the fact that everybody had their say, but be absolutely thrilled that we have Freedom Park to be part of our home. Thank you very much. Chair Russell: Thank you for your comments. Good morning. Caesar Molero: Good morning, Commissioners. Thank you for this privilege of being in front of you. My name is Caesar Molero. I reside in District 1, Mr. Gort. I'm in favor of this project. I live in the neighborhood. I seethe growth that's happening. I live around two casino and like 12 hotels. I have tourists constantly walking around with really nowhere to go. They have (UNINTELLIGIBLE) down the street, but that's really not cutting it. They need somewhere to go. They need to be able to go out and not hang out at the Checkers on LeJeune, and I think this project will be able to give them that destination. I believe we're a global city, and we're commuting with other larger cities. I expressed this last time I was here. And I think this project really does give the vision for the future for that. I think, if we're looking for the future and we're looking at Miami as an international city, I think this project is a destination for that. I hope you guys consider this, and I think you guys have that vision. And I believe all of you Commissioners have the vision to put Miami on the map. This project will do that. Thank you. Chair Russell: Thank you for your comments. Good morning. Alex Avellanet: Good morning, Commissioners. I guess Mayor already left. My name is Alex Avellanet, 1341 Northwest 22nd Avenue. And I'm not going to go past -- Commissioner Carollo mentioned of all the things that have happened, but I want everyone to envision what could be in the future by supporting this initiative. Soccer, it's number one game played in the world, the most watched. That was incredible in the final of Russia of 2018. Over three billion people watched the final of the soccer match. I strongly believe what, you know, Inter Miami and their top executives are bringing to the table. It's something phenomenal; that it will put Miami as the mecca of soccer in the United States, and we're going to be incorporating into -- what it is -- the MLS (Major League Soccer). The economical impact that it's going to bring to our area is astronomical. Miami is known statewide for being the number one tax revenue, as City of Miami Page 12 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 far as, you know, hotels and daily tourism impact that generates as far as Federal level -- sorry; State level and Federal levels. And I strongly urge you to support this initiative specifically, next to the airport, because people can just fly in, enjoy games, and fly out, and the entire neighborhood will be benefitting from it. And another one, CONCACAF (Confederation of North, Central American and Caribbean Association Football) --for those who --you guys know or might not know --it's within the City of Miami. CONCACAF is the FIFA (Federation Internationale de Football Association) confederation who (UNINTELLIGIBLE) the soccer, and there's 41 nations under it, and it's sitting really at our backyard. So Miami becomes the hub not only for CONCACAF, Carnival, and at a FIFA level. So now having Inter Miami as, you know, part of our culture will be something astronomical and everybody will benefit from it. Thanks. Chair Russell: Thank you for your comments. Good morning. Scott Wood: Good morning, Commissioners, ladies and gentlemen. My name is Scott Wood; zip code, 33130. Thank you for allowing me to share my thoughts on this project. I think Miami Freedom Park is an amazing opportunity for the City of Miami and also for its residents, ourselves. I've seen the passion the City has for this global sport and the eagerness to bring an amazing park, where the community can come together. Today's golf course has been -- has limited opportunity to use the green spaces efficiently. This new park will give us, the City of Miami residents, a beautiful, new, 58-acre park with green spaces to enjoy, without any country club fees. All I can ask from you today is to please respect the vote. Thank you. Chair Russell: Thank you for your comments. Anyone else on this side? Frances Hassun: Good morning. My name is Frances Hassun, and I work within the 33130 zip code. I wanted to ask you guys to please continue with the voters' wishes, which is to bring Miami Freedom Park. This is an economic driver, and it's going to bring our great City into the future. Please support Miami Freedom Park. Thank you so much. Chair Russell: Thank you for your comments. Good morning, sir. Victor Pastora: Good morning, ladies and gentlemen. Commissioners, thank you for the opportunity to speak. My name is Victor Pastora; zip code, 33143. And I am in favor of Miami Freedom Park, and I represent myself. I came to Miami 35 years ago and have been involved in the world of soccer ever since. For the sport, I've had the privilege to visit cities with MLS franchises, and also clubs abroad in historic soccer nations. I have witnessed the significance a top soccer club has in a city's development, the influence it has in improving its culture, the opportunities it provides for the community; especially the youth, and the impact they can also have on the sport nationwide. This goes beyond the privilege of having our own MLS team in Miami, one that our children will hold dear to their heart for the remainder of their lives, like we hold the Miami Dolphins, the Marlins, the Miami Heat. It goes beyond the opportunity to spend a great day at the park the day of the big game. Miami Freedom Park give us global recognition. Having an MLS franchise in the heart of our City allows our great City of Miami to take another step forward as we continue to advance as a world renowned location. Miami Freedom Park will create thousands of new jobs and opportunities. It will generate significant income to the City. It will allow thousands of kids to play sports, and, yes, it will give us another location for our families to enjoy themselves and build memories. This is the most significant project attached to soccer ever presented in this City and probably in the country. I understand that there are fellow Miamians against the project, and I respect their opinion; yet, I respectfully disagree. The park, in its current use, simply is not giving enough Miamians an opportunity to enjoy themselves, to work, and provide for their families, to seek opportunities. Miami Freedom Park will cost residents zero dollars and generate more significant revenue for the City. Commissioners, please take into consideration the majority of the community when asked about the project expressed support. We are all aware of the significant impact Miami Freedom Park will have in our community, facilitated for your citizens, and don't let the opportunity to make history go. City of Miami Page 13 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thank you for your comments. Mr. Pastora: Thank you. Chair Russell: Good morning. Cecilia Tavera-Webman: Good morning. Cecilia Tavera-Webman, 2 Grove Isle Drive, Apartment 1405, Miami, Florida 33133. It's funny that everybody mentions the soccer stadium; nobody mentions the mall. So I do not understand in what kind of city do we live that people are not informed that this is about a mall? I love soccer. I'm from Peru. And believe me, I don't understand football, but that's not the case. This is going to be a soccer stadium that is going to be used maybe twice a year. I mean, this is about green space. You know my thoughts very well. And so, I'm not going to discuss them here. But this is about a mall. Do we need a mall on the way to the airport? I would love to see the traffic then. Look at Dolphin Mall alone on shopping season. Thank you. Chair Russell: Thank you for your comments. Good morning. Maria Antonieta Larraz: Good morning. My name is Maria Antonieta Larraz. I have been a citizen of the City of Miami for the past 60 years. I have known Miami since I was 10 years old, and the traffic from my house to Miami International Airport used to be 7 minutes; now it's 15, 20 minutes, depending on the time and the traffic. Can you imagine how long -- how much longer would it be from my house to the Miami International Airport when you do this? Besides, I would like very much to see a soccer stadium, but not at the Melreese grounds. Melreese is something for everyone. Not First Tee -- I'm not talking about First Tee. First Tee, you can have it anywhere, but the only golf course on -- that the City of Miami has given it to someone without going into a bid? I don't think so. I -- and it's not a country club. Everything is called now "country club, " but it is not. For instance, a 12 bag of balls for the children is $4. You go anywhere else and it's $12. The large bag is $8 -- $6. If you go anyplace else, it's more than $12. So there's a lot of kids playing there. There's a lot of international people, grownups, playing at that Melreese. Again, it's not First Tee; it's Melreese premises. Also, like the lady mentioned, we have plenty of shopping centers. We are building many shopping centers. Why do we need another one right in the middle of the airport, where everything is rush, rush, rush, because your flight will leave you if you don't get there three hours ahead of time? Please, have conscience of all this for the sake of the citizens of Miami. Chair Russell: Thank you for your comments. Ms. Larraz: Thank you. Chair Russell: Thank you. Good morning. Ms. Giovana Henan: Good morning. Chair Russell: If there's anyone else here who'd like to speak, please approach the lecterns. Good morning. Ms. Henan: Good morning. My name is Giovana. I'm here to support this project. I think it's an amazing opportunity for this City. I don't quite understand why we still here talking about this. I will encourage the Commissioners to please move forward with the studies; there's so much work to do, and we would like to see the traffic studies, the environmental studies. And I think that's enough of -- we already vote for this, so now we need to move forward. Thank you. Chair Russell: Thank you very much. Mr. Talbert, good morning. City of Miami Page 14 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 William Talbert: Good morning. Bill Talbert, with your Greater Miami Convention and Visitors' Bureau. I live and work in the great City of Miami. When this item was on the ballot recently, I voted in support of it. I waive the rest of my time in support of this important project. Thankyou. Chair Russell: Thank you for the comments. Is there anyone else here who would like to speak on any of the items on our agenda today? This is your opportunity for public comment. Seeing none, I'll close public comment. Commissioner Gort. Vice Chair Gort: You know, everybody talked about -- Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: You already spoke, ma'am; I'm sorry. Unidentified Speaker: One second. Chair Russell: I'm sorry; you've already spoken. I apologize. Vice Chair Gort: Everybody spoke about respect the vote. Yes, that's what we're trying to do here. I don't think people know what they're voting for. My understanding of what they're voting for, allow a change in the City Charter to allow the City of Miami to go into negotiation with the private enterprise and to public -- using public land without going to bid,- that's what people are voting for. Part of the goal, and people will tell how much money we're going to make, how many people with jobs, and soon. We have all kinds of studies and we (UNINTELLIGIBLE) have -- we all discussed it quite a bit, but I want to make sure that people understand what they're voting for. They're voting to allow the private sector to go into a public facility to try to negotiate -- and that's a change in the City Charter -- without competitive bid. And the final decision, according to the contract and the benefits to the City is up to the City Commission. We just want to make sure people understand that. Thank you. Chair Russell: Thank you very much. At this point we'll be opening up the discussion item. We're going to start with a presentation from the Administration, and then we will have open discussion on the dais. After that point, we'll take up SP -- so that's SP.3; then we'll take up SP.1 and SP.2. Mayor Francis Suarez: Mr. Chair, if I may? Chair Russell: Mr. Mayor. Mayor Suarez: Yeah, just one point of clarification. I think the team wants to make a presentation, so we're going to allow them to make a presentation. My point of clarification is, you know, this is run by a private -- this park is run by a private company, where you have to pay money to use the park for a golf course -- or a golf facility. I don't disagree with anything that the resident said, and I don't really disagree much with what Commissioner said, other than the characterization of what I said. I simply said that there's a private company that operates our asset. By the way, we waived competitive bidding, if I'm not mistaken, when we gave them an extension of their contract, which I voted for, because they've done a great job operating the facility. But you can't use it for children to play. They can't -- it's not public in the sense that they can't actually go on it in a public fashion, like any other public park; like Douglas Park, who we just opened, you know, the equipment facilities there. So it's not purely public in that sense. And I think that the team wants to make a presentation. We're going to have your lawyers make a presentation. Commissioner Reyes: Excuse me. City of Miami Page 15 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mayor Suarez: Yes, sir. Chair Russell: Commissioner Reyes, would you -- if you can just allow the Mayor to finish, and then I'll recognize you. Commissioner Reyes: Oh, yes. Mayor Suarez: We're going to have the team make a presentation. We're going to have your lawyers make a presentation on the status of negotiations, and we're open to answer questions that you may have. Chair Russell: Thank you. Commissioner Reyes and then Commissioner Carollo. Commissioner Carollo: Thank you. Commissioner Reyes: Yes. I just wanted to know, do we have the agenda here? And not in this -- not in -- I don't know if we shall follow this, but do we need a team presentation? We had that before. Mayor Suarez: Mr. Chairman. Commissioner Reyes: I mean, and it is not in our agenda. Mayor Suarez: It's a discussion. Commissioner Reyes: I mean, the only thing that we have in our agenda are SP.1, SP.2, and SP.3 -- Mayor Suarez: Mr. Chair, if I may? Commissioner Reyes: -- you see? That --and I agree with Commissioner Carollo. We have heard this many, many, many a times. What we are here today is to determine if we are going to continue with the negotiations, the state of the negotiations, and if not, if we are going to open this for public bidding; that's it. I mean, we are -- I don't see the use of any other presentations or anything; nothing against you. I'm -- and I want to make this clear, because I've been in many public forums and in many radio stations and talk shows, and I receive -- I don't hate soccer. My problem is not with soccer or with Jorjito Mas, no. As a matter of fact, I like him and I like his family, and I like soccer. The thing is, where are you going to place it? The thing is the amount of development in that area, and also the process that have -- was not followed. I am totally opposed of any -- of violating the process or circumventing; circumventing the process by this -- going into a referendum. And at the time of the referendum, I made my objection, and I -- because I'm a firm believer that by circumventing -- using the referendum to circumvent public bidding is used to benefit certain people, you see? When -- at that time when we were voting, I stated clearly, I said, "The people" -- I mean, "Every time that we have a referendum, the persons that are going to benefit from that referendum, they have deep pockets, and they will use" -- I don't know how many millions they will -- how much they will spend in advertisement and mailers and TV (television) ads, and all of that to convince people to vote in favor of that. That's not fair. That is not real democracy, you see? The people that oppose them, they don't have the big pockets to convince people. And people, they just -- you know that you can change and you could misinform people, and that's why I'm totally -- I mean, I agree that a referendum went on, but a referendum doesn't make us accept the contract. We will have the last word, and we will deny it or approve it, you see? I want to make that clear. And -- which is unfair. It is unfair. And I think that we, as a Commission, we should do something about it, because it is specifically, specifically done to benefit certain people that don't want to go into -- and I'm not talking specifically of this case; other cases, too, you see -- people that don't want to go into public bidding, then they're City of Miami Page 16 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 circumvented and they are held by taking it into a referendum, when they know that they have enough funds to convince -- Chair Russell: Thank you. Commissioner Reyes: -- people and to misinform them. Chair Russell: Thank you, Commissioner. I'll allow the Mayor to respond; then Commissioner Carollo. Mayor Suarez: I'll yield to this Commissioner. Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you. What I want to make sure, that this Commission, the Administration, the Beckman [sic] Group, and whatever statements, presentation they're going to make, keep focus of why we're here today. The argument of a referendum -- a new referendum, if I may call it -- to open it up again can only happen if we are going to deny this, which is one of the items that's here before us today. Now, when we met last year and had hours and hours and hours, and hours of discussion, everybody in the world spoke. I made a motion in the middle of it all to put it out to a referendum so that everybody could bid for the best and highest use. There was no second to my motion. There was no second to the motion. It could've been made at any time; it wasn't. Then a majority of this Commission put it out to a vote for the residents of Miami to decide if they were interested in this body further negotiating this if it was approved. Around 62 percent, around two-thirds of Miami said, 'yes, " to negotiate; not to put a rubber stamp that it was a done deal. So I don't want to get into anymore the talk that we have to put it out to an open bid process at this point in time, because that issue already left the station; unless we kill this whole thing right now. When the voters voted, two-thirds, they knew that this was a no -bid process, and what we were authorized to do was to negotiate. And that's where we're at here today; not to get into any of these other side opinions. I mean, this is like the guy that loses an election, and he wants to spend the following two years, four years, whatever time the opponent got elected to, demanding another election. We had an election in this; that's what happened. Now, having said that, there is a wide gap in negotiations. I want to be perfectly clear that the negotiations are going to be done right up here with the five individuals that are elected by the public to truly negotiate and put their vote in deciding if the negotiations are going forward or not; if they're going to accept what is going to be offered. With me, this is very simple and very clear. When I voted to let this go forward to the referendum, after no one second my motion to put this out for a Request for Proposal, I made it clear once it was sent to a referendum that my vote -- and the minutes are there -- would depend on the real value of the property. And the real value of the property is not just the land, but it's what's going to go in the land. And out of that, you had to subtract whatever the cost of the cleanup is. The way this started and the way this is ending is night -and -day difference. We are proceeding in these negotiations in the most transparent way that I've ever seen in the City of Miami. Why? Because this is taken out -- completely out of the hands of the Administration, and this Commission decided that we were going to have a Request for Proposals for attorneys. We, in fact, chose -- the Commission -- two sets of attorneys; a law firm with ample experience in stadium deals to deal with the stadium part of the project. We then chose additional law firm, one of the top firms in the country to deal with the business side of the deal that included a mall, with retail and restaurant space, hotel room space, office space, and more. And then, once we get those two reports back on what each of these two firms believe the value is that they should be paying for this project, if they're too far apart in what they give us -- which I don't think they should be -- then we go to a third firm that we pick. In addition to that, we are choosing our own firm to do our own environmental study there. Frankly, from what I've heard, it appears the report that they have is way below in cost of what I suspected was going to be the cost to us. But we still might want to go forward with doing our own environmental report. Lastly, we will have a traffic report that is going to be done, and all of that, while we're the ones that are choosing who's going to do it, they get to City of Miami Page 17 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 pay for, because that was part of the deal, and they are paying for it. Whether we come to an agreement or not, they're still paying for it. Now, my vote will be dependent upon once these firms come back and tell us, "This is the worth of this deal, " if they're willing to negotiate on those amounts, whatever they would be. There's no doubt in my mind they're going to have to offer us more than what was put in the referendum. However, I do acknowledge that maybe it could be less than what I would like to see, or what I would expect that the market value would be. So I will abide by whatever comes back in this transparent process that we made on the amounts that have been given to us. And frankly -- and I'll say this to Mr. Beckham, Mr. Mas, and everyone else: If they cannot meet what experts that we have hired tell us the market value is that they should be paying us, then we're going to have a problem in voting for this. So -- Chair Russell: Thank you very much. Commissioner Carollo: -- I couldn't be as clear as I've been. My position has been very steady from day one. And I'll even go a little more into history. When I came back as a Commissioner for the third time in November 1995, I also became then the Chairman of Miami Sports and Exhibition Authority. I immediately found out that there was some $5 million being taken from the Authority to go to Melreese Park, Golf Course, Country Club; whatever anybody wants to call it. Since that time, and during the time that I was Mayor, I have always felt that that land needed to be developed for the benefit of the residents of Miami. You know, ladies and gentlemen, to run a government takes dollars. And I'm not one of those that believes that the way you bring those dollars in is just by taxing, taxing, taxing. You bring it in by being creative; by bringing new streams of revenue that are going to be coming year after year and growing year after year. And within those streams of revenue, if you want to create jobs for the people of the City so that we could all grow together, and that's what I presented then. I wasn't successful, because, frankly, the people there, with all due respect, were very politically entrenched, and there were political decisions that were made up in this dais back then. But you could go back to my very last meeting as Mayor of Miami in November 2001. Those that like to go into searching records and putting all these public records requests, go ahead; ask for that meeting. And in that meeting, I left a blueprint for future Commissions on how to develop our City. And if only a fraction of that would have been followed, we would have tens of millions of more dollars today; our taxes would be a lot lower; we would be providing a lot more services, and have a lot more police officers, firefighters, and Fire -Rescue officers in our streets. So having said that, Mr. Manager, Colonel Manager, let the show begin. Chair Russell: Thank you very much, Commissioner Carollo. So as this discussion item continues, I am open to hearing from both sides. And what I'd like to concentrate on here is why we're here today at this point. A date was set for us to try to come to a final lease; clearly, we're not there; clearly, both sides are not in agreement, but there is yet a lease before us to vote on today. So I would like to understand from both sides where we are, what the gap is, and in the presentation that you'll present, basically, I'd like to ask you to concentrate on that. I --you can understand the patience level of what the Commissioners have mentioned. We do understand what the applicant is trying to put forth as a project, so it's not necessarily a presentation cheerleading the effort. Really, we want to try to help our decision move along here, one way or the other. Mr. Mayor. Mayor Suarez: Thank you. Commissioner, go ahead; I yield. Commissioner Reyes: No, I just want to interject that we're here -- we are not here to discuss the team or the project. We're here to discuss the contract -- Chair Russell: Correct. Commissioner Reyes: -- you see, because that's what -- I mean -- Unidentified Speaker: (UNINTELLIGIBLE). City of Miami Page 18 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Reyes: -- I agree a hundred percent. But we want to know is -- what I want to know is why it have taken so long, and what is the -- I mean, what's the status of the negotiations right now? And a bunch of other questions that we will be able to ask. Chair Russell: Thank you. Mr. Mayor. Mayor Suarez: I'm not sure there's anything to add. I think it's a discussion item, and there's two additional items. I think it's an opportunity. Obviously, you see all the members of the public who are here; and the cameras, who are also here. It's an opportunity to --for everybody to figure out exactly what the Commissioner said. One is the status of where we are in negotiations. Obviously, there have been ongoing negotiations, which have been voluminous and constant, and I think your lawyers are prepared to discuss what those are. But I think it's also important to know from a macro perspective what the team is doing, because, frankly, the public wants to know, and all the people who are watching today are going to want to know, because the inevitable question in opportunities like this present an opportunity to talk about what's happening. And I think the inevitable question or criticism may be, what has been going on? And I think it's important to take advantage of this opportunity to explain exactly what's been going on, where things stand; and so, I would respectfully ask that, through the Chair, that the team be allowed to make a presentation, and that your lawyers be also allowed to make a brief -- they're both -- I think they're both brief presentations so that your questions can be answered. Thank you. Chair Russell: Thank you very much. Would you like to be recognized? Commissioner Carollo: Can I ask, through the Chair -- Chair Russell: Yes. Commissioner Carollo: -- the following, if Mr. Mas wouldn't mind? I think it'd be even more fair to him if he lets our attorneys make the presentation, and then he would come after -- Mayor Suarez: That's fine. Commissioner Carollo: -- so he could hear what they're saying. Jorge Mas: Very good. Commissioner Carollo: I don't know if they got any numbers or not or -- Irwin Rai: Excellent. Thankyou -- Mayor Suarez: That's fine. Mr. Rai: --Mr. Chairman. Chair Russell: Good morning. You're recognized. Marc Sarnoff. Mr. Chair, Commissioners, my name is Marc Sarnoff. I'm a shareholder with Shutts and Bowen; occupied the seat that the Chair now holds. Congratulations on your victory. This is Irwin Rai. Mr. Rai: Good morning. My name is Irwin Rai. I'm a partner at O'Melveny and Myers. I cochair a sports industry team. I've --my practice is predominantly focused on the business of sports. I've been working on developments of stadiums since 2004. City of Miami Page 19 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mr. Sarnoff. So, as usual, you write a good speech, you come up with everything you want to say, and then you hear what has been said by Commissioner Carollo, and you kind of go, "That's probably not the most appropriate thing"; he basically has said everything that we need to say, and that is, we have taken the process that you guys -- or to say you gentlemen have provided to us, and that is, we have hired the two appraisers; the peer review has been retained; the traffic analysis has gone through a phase where now there's questions and answers going back and forth, and Mr. Rai will speak to you about environmental. But I want to assure all of you that -- one thing. This is not a very simple real estate transaction. It is very complicated. There's nothing about this that is cookie cutter. It requires serious thought and serious consideration. And we're just not at the stage right now to give you answers, other than a lease draft, which I think you'll find in your agenda packet that contains our version of a lease that put a perspective out there from the citizens from Miami versus the lease draft that we received from MFP, which protected their interests. Now, we have been negotiating over the past month almost daily with each other, and things have evolved to a significant degree. What everybody is waiting for, candidly, is "What is the appraised value; not just the appraised rental value, but what is the S percent projection on the rental?" so that you can make a well-informed decision as to whether you think this is a worthwhile transaction. Commissioner Carollo: I'm sorry, Marc. You said 5 percent projection or --? Mr. Sarnoff 5 percent of the gross projection. Commissioner Carollo: Why are we using 5 percent? Mr. Sarnoff I think that's what the referendum called for. Commissioner Carollo: S percent? Mr. Sarnoff Yes. Mr. Rai: S percent of gross, less CAM (common area maintenance). Mr. Sarnoff In addition to the base. Commissioner Carollo: But --yeah, in addition to the base. Right. Mr. Sarnoff Correct. Commissioner Carollo: Of course, that's also part of what could be negotiated. Mr. Sarnoff Absolutely. And, you know, our job, candidly, is to get those numbers for you to give you a lease that we thinkprotects the citizens of Miami. And understand that lawyers that draft leases play scenario games. And we don't --as I say, we never get invited to weddings. We only go to funerals. What I mean by that is we look out for the worst -case scenarios, and that's what we do. We actually play scenario games; what if, what if, what if? Mayor Suarez: Mr. Chair, if I may interject? I think on the referendum question, it was S percent of gross, less CAM, or base minimum rent; whichever is greater. I just wanted to clarify that for the record. Mr. Sarnoff Right. I -- Mayor Suarez: But as the Commissioner correctly said, all this is, obviously, negotiable. Commissioner Carollo: Yeah. And the reason I'm saying that, because part of what they're going to have to do for us is to come back and let us know what is the normal percentage in the industry. City of Miami Page 20 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mayor Suarez: Understood. Commissioner Carollo: You know, it might be more than 5 percent; I don't know. So all of that is going to be part of the negotiations. Mayor Suarez: Sure. Chair Russell: Thank you. Please continue. Mr. Sarnoff So with that said, we're close; we're close to getting you appraisals. We think we could have them shortly for you. The appraisals, as you know, are dependent upon the environmental, and for that, Mr. Rai is going to tell you a little bit about the environmental, as well as the stadium which he's been personally -- you know -- interacting with, and giving us language and ideas, because he is an expert in major league soccer. Commissioner Reyes: Excuse me; a point of -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- clarification. I have the ballot question right here, and in no shape or form has -- Chair Russell: To the microphone, please. Commissioner Reyes: -- in no shape or form says 5 percent. Chair Russell. Correct. Commissioner Reyes: It doesn't says that. I mean, so the percentage is open, because on -- the ballot says: "Soccer stadium, minimum 1, 000 square feet; minimum 750 other rooms; living wage, on -site employees, 3,577 -- 365 minimum -- I mean 3 million; minimum annual rent, 20, 000 -- I mean 20,450, 000; 558 acres of public land or other green spaces. But it doesn't says any -- I mean, it doesn't read like that. People don't -- didn't vote for a 5 percent, okay? Mayor Suarez: Mr. Chair, if I may? Commissioner Reyes: I just wanted to make that clear. Chair Russell: Thank you, Commissioner Reyes. Mr. Mayor, and then Vice Chairman. Vice Chair Gort: No, let him talk; he is the Mayor. Mayor Suarez: The ballot question is a summary of the change of the Charter. It is in the change of the Charter, which is -- hold on; I'm reading. This is like micro print here. Chair Russell: The term sheet. Mayor Suarez: Yeah. Chair Russell: Including -- Mayor Suarez: No, no, no; it's not the term sheet. This is the Charter, itself, 29B(9, If I'm not mistaken; 29B(fj. The -- what the Commissioner is reading was the ballot summary. The ballot summary does not have it, but that did. Commissioner Reyes: That's what -- City of Miami Page 21 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Just a moment, please; one at a time. Mayor Suarez: I just want to make sure. The ballot summary doesn't have it, but the Charter, itself, does have it. I want to just be clear that the Charter, itself, has it. Chair Russell: Thank you. Vice Chairman, and then Commissioner Reyes. Vice Chair Gort: Well, my understanding, you stated that that's -- that was what the people voted for, the 5 percent. That was on the question. Mr. Sarnoff Well, and I -- Commissioner Reyes: No, no. Mr. Sarnoff -- it very -- it was in the -- it was in, Commissioner, the resolution. It was part of 2969. I apologize if-[ misspoke. Vice Chair Gort: No, but also, at the same time, it says: All negotiation has to be approved by this body. Mr. Sarnoff. Correct. You -- Vice Chair Gort: Am I correct? And this body can change anything they want. Mr. Sarnoff Correct. Vice Chair Gort: Okay. Thank you. Chair Russell: Thank you. Commissioner Reyes, you had another comment or--? You're good. Commissioner Reyes: No. I just wanted to clam because -- Chair Russell: It's clear. Commissioner Reyes: -- the attorney had -- Chair Russell: You made a good point, actually. Commissioner Reyes: -- he made a statement that it was on the ballot. It wasn't. I just want to make it clear. Chair Russell: Correct. Thank you. Please continue, Mr. Rai. Mr. Rai: Good morning again. So as it relates to environmental, we have made some progress, as well. We've done some additional soil borings. What we're finding is everything has been consistent. The positions ofMVP and the City are relatively -- at least their consultants are relatively consistent. We're looking over plans to remediate the -- to finalize those. We haven't finalized what that would be. There's still discussions to be had before we can take a unified plan to DERM (Department of Environmental Resource Management), but the -- that study is moving forward. But it -- the most important thing I can tell you is that we did additional soil borings so that the City could have additional comfort that the proper analysis was done. And we're thoroughly looking through this and we've made some progress, and we think we're going to -- we think we're in agree -- close to agreement. Commissioner Carollo: Well -- City of Miami Page 22 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Commissioner Reyes and then Commissioner Carollo. Commissioner Reyes: And I have a question. I understand that there are three different types of appraisals being done? Mr. Sarnoff There are -- Commissioner, just -- I'll give you the name of the appraisal companies. One is Houlihan Lokey; the other is Deloitte; the third is what's called a peer review of the two real estate (UNINTELLIGIBLE). Commissioner Reyes: But they are made with different assumptions, right? Mr. Sarnoff Each one of them will use their own expertise. Commissioner Reyes: Their expertise and different assumptions, you see. One is going to include the -- I mean, that's what I heard, because -- I mean, I must declare that I am totally in the dark, because I never got any information from the Administration. But the --from what I heard, there is an appraisal that will include the cost of cleaning. The other one will not include the cost of remediation, because that is a business cost, you see? That's a business cost. That doesn't have nothing to do with us. And -- but one will include and use the cost of remediation as a depreciation of the land. I want to know, I mean, the methodology that has been used, and if you could explain it, or send it in writing when you -- because maybe right now, you are not prepared to do it, but could you please send it in writing? Mr. Sarnoff I think the best way to answer your question, Commissioner Reyes, is that each one of the appraisal companies will have three different values; one is Value "A"; one is Value „B" -- Commissioner Reyes: Okay. Mr. Sarnoff -- one is Value "C" Value "A" is what we consider to be a clean park. Value "B" is the cost of remediation. Value "C" is the cost of remediation and cost of no net loss. That gives you, the Commission, the opportunity to make a decision as to whether you choose the Value "A, " the Value "B, " or the Value "C. " Commissioner Reyes: Okay. Point of information. You are using also not net loss as a cost that goes against the City of Miami? Mr. Sarnoff It can be considered as part of -- Commissioner Reyes: Because that's not what -- I don't know, but that's something to be discussed, because according to the Comprehensive Plan that we have, doesn't say anything that "could be used as a cost for the developer. " You see? That is something that it has to be done -- okay? -- according to statutes, and you know them well. Mr. Sarnoff I do. And all I'm suggesting is, once we come to a no -net -loss number, numerically, how many acres it is -- Commissioner Reyes: Yes. Mr. Sarnoff --presuming it to be acres -- that can be determined to be valued. That value can be put into the appraisal. Commissioner Reyes: Just to make sure that I do understand what you're saying, you're saying that once you determine the cost of no net loss, that is going to play against the value of the land, because that is going to be used as an additional expense, just as cleaning. Cleaning -- I City of Miami Page 23 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 mean, you're going to use it as an additional expense that devalues the land. I want to make sure that doesn't happen. Mr. Sarnoff Well, that's the Value "C. " I -- you know -- Commissioner Reyes: Well then -- Mr. Sarnoff -- you have every right to say, "I'm only interested in Value A.' You have every right to say, "I think Value 'B' is correct" -- Commissioner Reyes: Okay. Mr. Sarnoff -- or to say, "Value 'C" is correct. " Commissioner Reyes: Okay. I just wanted -- Mr. Sarnoff But that's -- Commissioner Reyes: -- everybody to know -- I mean, I want to clam for my own information, and for everybody that is following this that those three type of appraisals are going to be used, and the different costs are being added to the land -- or to the business, or loss, and are going to be used as devaluing the land or -- because I want to know how it's going to be used. Chair Russell: Thank you. Mr. Sarnoff Well, only, sir, Commissioner Reyes, only if you chose to go below Value "A. " If you kept it at Value "A, " there wouldn't be any consideration -- Commissioner Reyes: You can call me "Manolo" if you want. Chair Russell: Thank you. Commissioner Carollo. Commissioner Carollo: Gentlemen, gentlemen, let's not go there this meeting. I don't want anybody to get emotional on me. Marc, have you all begun any kind of environmental studies? Mr. Sarnoff That's probably better answered by Mr. Rai. Mr. Rai: Can you repeat the question, sir? Commissioner Carollo: Have you begun any kind of environmental studies? In other words, have you contracted with a firm that's doing already an environmental study on the cleanup, separate than the one that they've done? Mr. Rai: Yes. SES, on behalf of the -- Commissioner Carollo: Yeah, but have they begun -- Mr. Rai: They have. Commissioner Carollo: -- drilling in, doing anything? Mr. Rai: They have completed additional soil borings and testing. Commissioner Carollo: Yeah, but they're not finished with it? City of Miami Page 24 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mr. Rai: No. They finished the testing. Now what is currently being discussed is, what is the appropriate potential remediation plan? Commissioner Carollo: Okay. The only area that I want to be very clear on and very careful with is on the environmental studies. Based upon what I've heard, and unless I get something in writing, it's only rumors, that supposedly, they have come to an amount, and they have a certain amount that I understand is only under $40 million for cleanup. I'm more than happy with that, and I don't want us to do anything that could stir the pot up, that could get DERM involved, and could only bring it up. If those numbers are correct, that's way below all my expectations. So having said that, I -- you know -- if they've done some bearings already, it's fine. Let's get a report. But I don't want to be in a position that we do anything beyond that. If we have to at the end, because the information I have is wrong, then that's fine; we'll do it at the end. But right now, until we get through with the appraisals and what the deal is worth, I don't want to go any further on that, because I'll be very happy with their numbers if those numbers are correct that it's under 40 million. And then, they're going to have to guarantee that; that if they go over that, it's on them, not on the deal. Mr. Rai: Understood. Thank you, Commissioner. The -- when we complete the remediation plan. We're still working through what the numbers potentially could be, you know. Commissioner Carollo: But you do understand what I'm saying? Mr. Rai: Completely. Commissioner Carollo: We don't want to do anything else that can bring DERM, bring anybody else that would only have the potential to increase that cost. Mr. Rai: Understood. Commissioner Reyes: Mr. Chair? Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. Going to the environmental, does -- those numbers are consistent with the historical data that we have? Mr. Sarnoff, you were here at the time that the clubhouse and the -- also, the water park and the baseball fields were made. And are those numbers, the ones that we are receiving, consistent with what cost at the time? Mr. Sarnoff Commissioner, what I recall is that I think the entire remediation for the playground area -- well, as you call it, the -- I guess it's the water park -- was approximately $10 million if I'm not mistaken. Commissioner Reyes: Okay. Could you please check it and see that they are consistent? Because I don't want it that if -- in case this is -- this contract passes, and then when you start removing, then we're going to have a change order, you see? Then we're going to have additional expenses that will have to be charged to us. Chair Russell: Thank you, (UNINTELLIGIBLE). Commissioner Carollo: If that happens, like I said, it goes to them. Chair Russell: Vice Chairman. Commissioner Reyes: Yeah, but I -- Chair Russell: Just a moment, please. City of Miami Page 25 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Reyes: -- want it to be consistent with what we -- the experience that we had before that you were part of it. I want to -- Chair Russell: Thank you. Just a moment, please. Vice Chairman. Vice Chair Gort: No, I'm saying (UNINTELLIGIBLE) Commissioner. Chair Russell: Okay. Thankyou. Commissioner Carollo. Commissioner Carollo: One last statement on this, and let's see if we could move on from the environmental. As we just heard, and that's the amount that I remember, even though I wasn't here then, the cost for that small area, that's not part of this deal where we have the water park and the baseball field. It's about $10 million, maybe more. Now, let me tell you why I'm very pleased with the numbers that I'm hearing, because that's the farthest point away from point zero, where everything was being dumped in the most toxic part of that whole parcel, so as you get closer to the creek area where the stadium will be built and everything else, you're going to find a lot more there; therefore, it'll be a lot more expensive, so -- Commissioner Reyes: That's why I want it -- Commissioner Carollo: -- okay. Commissioner Reyes: -- to be consistent; that's the only thing that I want. Commissioner Carollo: Sure. Chair Russell: Thank you very much. My question on the remediation has to do with leeching. I understand in some of the most recent studies that it has been found -- at least in some spots - -there is leeching into the groundwater. Is that consistent with what you all have studied or found? Mr. Rai: I apologize. I don't have that detail. I would say that the --what's been publicly reported and what has been consistent with what we found to date, and really, ultimately, the issues are going to come up as to what type of use ultimately is used for that area, and what -- and that impacts with the eventual remediation plan. Chair Russell: Got it. That was -- it was brought up to me in one of the briefings from the most recent study that's -- that was something that was found. Obviously, you have a landfill, which is a contaminated site. You have a golf course, which is an active contaminant potential, and you have a waterway right on the north side of the property, so this is a big concern to me. Green space and the no -net -loss policy has been brought up a few times here. Ballot language has been brought up a few times here. And some of the things have been twisted over the last several months about where my position was on this. For me, letting it on the ballot at all was contingent on a term sheet that clearly stated we would not lose one acre of green space in the City after this deal is done; meaning by the time this lease is brought to us that they would have identified the green space that would need to be made up and where it would be, and by the time they get their certificate of occupancy that it would be fulfilled so that at the end of the day, we would have more new parks throughout the City of Miami in all of our districts, hopefully, than when this project began. I don't see that yet in this deal. I haven't seen it -- it's certainly not in the least that's before us, so I'm a very easy "no" on what's before us today. But for my part -- and there are many other pieces to that term sheet, from the living wage to the value to so many things. That's my number one threshold item. If we lose green space in this deal, I'm a "no" vote from here to Sunday and beyond. So I'd like to hear any more from our side, the lawyers negotiating on our behalf,• any presentation you'd like to make, any status; and, of course, from the Beckham side and the Mas side, where they feel that we stand, where the gap is, any presentation that they'd like to make. I'd like to hear from the Administration, and then we will go ahead and vote on our items. City of Miami Page 26 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mr. Rai: There's no particular additional presentation, I believe, but just wanted to note that we've been -- as we mentioned earlier multiple times, we've been spending a significant amount of time locked in rooms, working through issues. And, you know, we're coming from different places, a private entity, a public entity, and we're both trying to protect each other's relative positions. And I think the parties are working well together to find solutions. We don't have all the solutions, but we're working hard to find them. Chair Russell: Got it. Commissioner Reyes. Commissioner Reyes: Yes. Before you leave, I have one question. Have you agreed on anything? Are any of the terms being agreed upon? Because I do understand, and that has been my complaint that we are talking only about the money part of it, but a contract -- and I'm not an attorney, and you guys are attorneys -- goes beyond the amount of money. It has terms that could be beneficial or detrimental to the City of Miami. Has any of the terms have been agreed? Have you agreed on anything? Commissioner, the cost of the no net loss, I have a low right here; it's very specific, I mean, and I think Iris is the one that is the guru on how they -- you're going to solve this problem, and she's going to be the magician. But I want to know. Have you already determined how you're going to replace that? You see, it has been a whole year that you should have been thinking about no net loss; I mean, a year and some. Is there any, any agreement between you guys? How far apart are you? Mr. Rai: So I'll touch on some of the stadium agreements, and I'll let Marc touch upon some of the other agreements, and then maybe the Administration would like to additionally comment. What we've been focusing in on is negotiating principles, because, again, the documents, well -- as well-intentioned as they may be -- are coming from different perspectives, right? How do we protect (UNINTELLIGIBLE) contract to the City? How do we protect the City in going? What happens if the team is ever sold? These are things we need to think about. As Marc was alluding to, we need to think about the hypotheticals of how you long-term protect the City. And we've been working through that and to the credit to MFP, we've been sitting in rooms and thinking through, and I think we're finding solutions to what those big point principles are. The concept of a non -relocation agreement, for example, the original lease did not have one. We have that concept and they, in principle, agreed to the concept. So there are a series of things like that we work through. Now we have to work -- once we get to those guiding principles, we have to work through the minutia of what that means. But we are reaching agreement and reach -- and making progress, step by step. It is, as Marc was stating earlier, this is a very complicated transaction. And I know everyone wants to go really quickly, and we're trying to go as quickly as possible, but there's a tremendous amount of work to be done. And, of course, the appraisal and the environmental and the trajfic, and all those studies are going to have a significant impact on all documents and how we find solutions. Commissioner Reyes: How much time do you need -- you're going to need? Because I have seen this being postponed, postponed, and now the 21st comes here, and I would like to have -- and I've been saying it since day one that -- and I still think that it was a concerted effort to postpone this until the election happened. Now we're going to have a runoff, and I hope that by the 21, Willy Gort -- or Commissioner Gort will be here, too, and we can -- I would love to see him vote in something. Mr. Rai: It's a very difficult question to answer from a timeline perspective. Commissioner Reyes: But that's what I've been getting -- excuse me for interrupting you -- Mr. Rai: I'm sorry. Commissioner Reyes: -- but that's what I've been getting all the time; it's a very difficult, very - - that's your job; to solve dill cult problems, you see? City of Miami Page 27 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mr. Rai: And -- Commissioner Reyes: It's not mine. I'm not an attorney, you see? You guys should be solving difficult problems. And you can say, "Okay, we have to get a contract, "you see, because everybody talks about the voters. Yeah, the voters voted for a contract to come here; has been a year and a half, and nothing had happened. Mr. Rai: If I may, Commissioner, I totally respect and appreciate your concerns related to timeline and the concerns. All I can say is we are really exerting a significant amount of effort; best efforts to solve problems and work through issues, and I believe we are. If you asked me a handicap time, I don't know that I could. All I could say is that we're prepared to lock ourselves in a room with them every day of the week if we had to, and continue to work through issues. But the challenges -- there are information inputs that we don't have that we can't solve for -- Commissioner Reyes: According to a timeline that's sent by the City Manager on Friday that I saw today, it says the -- I mean, shows that you've been meeting all these days, and you meet and meet, and meet. And have you agreed on anything? Mr. Rai: As I noted a few moments ago, we have agreed to various principles; things like -- Commissioner Reyes: Principles. Mr. Rai: -- but those principles are important and protect the City. Our job is to protect the City. Commissioner Reyes: I do understand, sir, I do; that's why you've been hired. I'm sorry for interrupting you. I want to have clear in my mind the progress that's been made; that we are -- although, you see, although I know the 21st is just around the corner, you see? And last week, I heard through the grapevine -- because I never have constant communication on this -- that the appraisals were done. And I said, "Well, at least we're going to have some numbers, "you see? Now I hear -- you see, that's why there's -- lack of communication brings this, you see? -- that now I hear that they are not done yet, you see; that we still have to wait for the appraisals to come in. Is that going to take three, six, eight, 10 months? Mr. Rai: No. Commissioner Reyes: Two weeks? How about two weeks? How about the 21st? Mr. Rai: Well, I can't -- Commissioner Reyes: Bring it over and bring us a contract that -- so we can vote, so this gentleman can vote on an issue that it -- I mean, concerns him, because it is in his district, and he was never, never asked if he agreed at all; never consulted on that project, and we deserve that. He deserves to vote on it. Commissioner Sarnoff.• I don't -- Commissioner, I don't know that we would have it done in the next two weeks. What -- Commissioner Reyes: You won't. Mr. Sarnoff I don't know that. What I can tell you or what you may have heard or -- that a new process went through where the peer reviewer actually meets with the appraiser to go over some of their assumptions, so that has happened. But there has not been an appraisal done yet. And to give you the exact date of an appraisal, I can't give that to you yet. City of Miami Page 28 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Reyes: You see, and -- excuse my ignorance. I'm not -- that's -- I'm not a real estate agent, and I don't deal with real estate and all that, real estate attorney. But I know people that they do appraisals, and I been asking, you see, how long will it take to have an appraisal made? And they said, "A month, three weeks, "you see? I mean, they have been very straightforward. And I said, "But now, we're talking about appraisals a whole year, "you see? I mean, this is something that is concerning to me. It's concerning to me that this type of appraisal is taking so long, because I have been informed by professionals that it doesn't take that long. You know what I mean? You know what my concern is? Mr. Sarnoff Well, you're also -- you're appraising something that just really doesn't exist. 131 acres of land in the City of Miami -- I mean, there's -- if you and I were to go down Biscayne Boulevard together and we were to go look at the Southeast Tower, we could go look at the tower right next it and say, "Well, there's a good comparable. What did that sell for?" Commissioner Reyes: Sir, sir, with all due respect, Mr. Sarnoff, there is a methodology; there's methodologies to do that. This is not the first appraisal of land that doesn't have a comparable that has been made in the United States. There are -- there is methodology to do that. One of them is -- I'm just guessing, you see. I'm just an economist; I'm not an attorney. One is just projecting what's the income that is going --that is part of the methodology. You have to include whether one of the variables that you're going to see and so on, and so on. So they are not discovering the wheel, you see. It has been done -- Commissioner Carollo: Please don't bring that up again. Commissioner Reyes: -- things that have been done. What? Don't -- Commissioner Carollo: Don't bring the wheel up again. Commissioner Reyes: Okay. Chair Russell: Commissioner Carollo. Commissioner Reyes: I'm sorry, Mr. Carollo. I'm sorry. Commissioner Carollo: Unless you want to bring it up again so we could get abetter deal. Thank God I was here. Commissioner Reyes: Okay, Commissioner. Commissioner Carollo: You got a much better deal than if I would [sic] have been. SPECIAL MEETING ITEMS City of Miami Page 29 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 SP.1 RESOLUTION 6660 A RESOLUTION OF THE MIAMI CITY COMMISSION, TO Commissioners APPROVE OR DENY, PURSUANT TO SECTION 29-B OF and Mayor THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE, MASTER DEVELOPMENT AGREEMENT, STADIUM LEASE, AND NON -RELOCATION AGREEMENT, AND ALL OTHER ANCILLARY AGREEMENTS ("LEASE"), ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND OUTSIDE COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY') AND MIAMI FREEDOM PARK, LLC ("MFP") FOR APPROXIMATELY SEVENTY-THREE (73) ACRES OF CITY -OWNED PROPERTY LOCATED GENERALLY AT 1400 NORTHWEST 37T" AVENUE, MIAMI, FLORIDA 33125, COMMONLY KNOWN AS MELREESE COUNTRY CLUB AND IDENTIFIED AS FOLIO NUMBERS 01-3132-000- 0080 AND 01-3132-000-0090 ("DEMISED PROPERTY') WITH AN INITIAL TERM OF THIRTY-NINE (39) YEARS WITH TWO (2) ADDITIONAL THIRTY (30) YEAR OPTIONS TO RENEW, FOR A TOTAL TERM OF NINETY-NINE (99) YEARS, WITH AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY STATE CERTIFIED APPRAISERS OR (B) FIVE PERCENT (5.0%) OF RENT FROM THE RETAIL, OFFICE, AND HOTEL DEVELOPMENT WITHIN THE DEMISED PROPERTY, BUT ANNUAL BASE RENT OF NO LESS THAN THREE MILLION FIVE HUNDRED SEVENTY-SEVEN THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS ($3,577,365.00), IN ADDITION TO A CONTRIBUTION TO THE CITY OF TWENTY MILLION DOLLARS ($20,000,000.00) PAYABLE OVER THIRTY (30) YEARS IN ANNUAL INSTALLMENTS, AND ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES; AUTHORIZING THE USE OF THE DEMISED PROPERTY FOR A SOCCER STADIUM, ENTERTAINMENT CENTER, INCLUDING FOOD AND BEVERAGE VENUES, OFFICES, RETAIL, HOTEL, AND CONFERENCE CENTER, AND OTHER ANCILLARY COMMERCIAL DEVELOPMENT, WITH A MAXIMUM HEIGHT NOT TO EXCEED FEDERAL AVIATION ADMINISTRATION AEROSPACE OBSTRUCTION STANDARDS, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, GUARANTEEING A LIVING WAGE FOR ALL ON -SITE EMPLOYEES; FURTHER REQUIRING Citv ofMiami Page 30 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 MFP TO UNDERTAKE THE REMEDIATION AND SITE DEVELOPMENT FOR A PUBLIC PARK OF APPROXIMATELY FIFTY-EIGHT (58) ACRES, AT NO COST TO THE CITY, TO BE DEVELOPED ON PROPERTY ADJACENT TO THE DEMISED PROPERTY ("NEW PARK") CURRENTLY USED FOR THE MELREESE COUNTRY CLUB; PROVIDING FOR NO NET LOSS OF PARK SPACE TO THE CITY; PROVIDING PROFIT SHARING TO THE CITY IN THE FORM OF NAMING RIGHTS, ADVERTISING, TV RIGHTS, SALE OR ASSIGNMENT, AND THE LIKE; AND AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-19-0438 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: If there's no further discussion, I'll bring SP.3 to a close and move us to SP.1. Mr. Mayor, did you want --? Mayor Suarez: No. I just think we should have a full Commission because -- there we go. Chair Russell: On cue. Mayor Suarez: On cue. So, yeah, look, my -- I think SP.1 should either be withdrawn, deferred or voted down, frankly, because I cannot responsibly tell this Commission to vote in favor of SP.1, which is to approve what is the skeleton of a deal that has all kinds of holes, including those that have been requested by this Commission, I think, appropriately. So, I could not possibly support SP.1. And you know, I think everyone knows my thoughts on SP.2. I think, you know, as Commissioner Carollo said, maybe this is something -- SP.2 may be something that could be considered after, you know, the negotiations either -- obviously, if they concluded in the success, we don't have a problem. Commissioner Carollo: That's right. Mayor Suarez: If it's concluded in the negative -- Commissioner Carollo: Only if they fail. Mayor Suarez: -- then we can take SP.2 at some other time. So that's what I think is appropriate. And obviously, we've already completed SP.3. Chair Russell: Thank you. But let's start here. Is there a motion on SP.1 ? Commissioner Reyes: Let me -- Chair Russell: This is the lease deal, four -fifths, for the actual contract before us. Commissioner Carollo: Let me state on the record, Chairman and fellow Commissioners, why I've cited other reasons I cannot vote now, tomorrow or any City of Miami Page 31 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 day on SP.1, the way it's written. It says, "Authorizing the City Manager to negotiate and execute a ground lease master development agreement." Authorizing the City Manager to negotiate and execute. Well, I've seen already here how the Manager negotiates. We get shortchanged every time unless someone like me steps in and brings the amount higher. We're giving a Manager that, frankly, has minimal negotiating abilities -- and I certainly don't trust his negotiating abilities -- the right to negotiate and execute whatever he negotiated without coming back to us. There's no way in the world that I would approve this. Chair Russell: Is that a motion? Commissioner Carollo: My motion -- Mayor Suarez: Withdraw, withdraw. Withdraw? Withdraw would be the best, I think, to withdraw it. Commissioner Carollo: Yeah. This is where I'm heading, Mr. Mayor, but let the other members speak to this. And everyone deserves to express themselves. Maybe someone might want to clean up the language here. I don't know. Chair Russell: So there is no motion on the floor. I'll just open the dais for discussion on how we move forward. Anyone? Commissioner -- Vice Chairman. Vice Chair Gort: I have to tell you, reading this document in here, there's no way I can vote for it. I would have to vote "no. " Chair Russell: So what I'm looking for here is some direction on a motion. There's -- and it looks like there is no appetite for a four -fifths 'yes "vote here on this item -- Commissioner Reyes: I -- Chair Russell: -- as it is written. Commissioner Reyes: -- will move to deny this. Chair Russell: There's a motion to deny. Is there a second? Commissioner Reyes: Can I -- who second? Chair Russell: Seconded by Vice Chairman. Mayor Suarez: Mr. Chair, if I may? Just a -- Chair Russell: Mr. Mayor. Mayor Suarez: -- point of clarification. I just want to be clear that if this denied -- and frankly, I -- if I were sitting in your shoes, I couldn't possibly approve this, because this was hastily prepared, obviously has significant blanks, is procedurally improper in the way that it was brought to this Commission, because it doesn't follow our ordinances. It doesn't follow our Charter. So I can't imagine that anybody would vote in favor of this. I think the better place would be to withdraw it. But frankly, if it's going to be voted down, I just want clarity from the City Attorney's Office that this means nothing in terms of our negotiations with the team. We will continue to negotiate with the team until which point we have a finalized contract, until which point we have all the finalized studies, and then we can bring it responsibly back to this Commission. City of Miami Page 32 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Victoria Mendez (City Attorney): In a perfect world, it would be a motion to withdraw, just so that it's clean for the record; if not, an indefinite deferral. But voting on it may confuse issues, so -- Chair Russell: From a legal perspective, is -- does it create any gray area? To vote down the lease before us does not -- Unidentified Speaker: No. Ms. Mendez: I just --I wouldn't recommend for it to be voted down. Obviously -- Chair Russell: If the intent is to continue negotiations. Ms. Mendez: Right. Chair Russell: That's what you're saying. Ms. Mendez: I think that is -- the cleaner way would be just to withdraw the item or indefinitely defer the item, and allow the Administration to continue. Commissioner Carollo: I do agree with the City Attorney. The cleanest way is to withdraw the item. However, if it is the will of this Commission to, instead of withdraw it, vote this resolution down for what I think all of us agree are the reasons that we don't want them there, that the right to execute a contract and negotiate, we're giving it away, then I think that's perfectly fine, too, because the only way that we would then be killing this whole deal would have to be through a motion stating so. Ms. Mendez: Right. The -- Commissioner Carollo: And -- Ms. Mendez: The only reason why it was drafted this way is because since it was not fully negotiated, you had to give the Administration the ability to continue negotiating. Commissioner Carollo: Yeah, but listen -- Ms. Mendez: So I understand that you want -- when it comes -- Commissioner Carollo: Fool me -- Ms. Mendez: --back to you -- Commissioner Carollo: --once. You're not going to fool me twice. Ms. Mendez: I know that it is very clear that when it comes back to you, you want in substantially the attached form. Commissioner Carollo: By the way, where is the colonel negotiator at? Mayor Suarez: He's attending to a medical emergency with his wife. Commissioner Carollo: Okay, all right. Chair Russell: Mr. Mayor, you wanted to speak? City of Miami Page 33 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Carollo: Just wanted to make sure he wasn't out there applying for that job that he wanted. Mayor Suarez: Commissioner, he's attending to a medical emergency with his wife. Commissioner Carollo: I believe you, but I stated -- Mayor Suarez: That's -- Commissioner Carollo: -- to you why I asked the question. Chair Russell: Mr. Mayor. Mayor Suarez: Thank you. Again, I just want to be clear that withdrawal is probably the cleanest way, but a denial is fine. I think -- I just want to be clear from the City Attorney that a denial means nothing from the perspective of continuing to negotiate. We have a robust schedule, as I think Commissioner Reyes actually mentioned. There's been a robust schedule of negotiations to this point, and there will be a continued robust schedule, which I presume the City Manager's Office will be sending you shortly after this meeting about the continuing negotiations. Ms. Mendez: There's nothing in the legislation, obviously, that says -- Mayor Suarez: Thank you. Ms. Mendez: -- to stop -- Mayor Suarez: That's fine. Ms. Mendez: -- negotiations. Chair Russell: Thank you. So there is a motion to deny SP.1 and a second. Is there any further discussion from the dais? For my part, as I said, green space is the number one priority. And if this deal reduces our green space by even one acre, I cannot vote for it. And the current lease before us does not give us guarantees of green space replacement at this point, so I'm clearly a "no." Seeing no further discussion, roll call vote, please. Todd B. Hannon (City Clerk): Roll call on Item SP.1. Commissioner Hardemon? Commissioner Hardemon: Against. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Chair Russell? Chair Russell: Yes. Mr. Hannon: The motion passes, 5-0. City of Miami Page 34 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thankyou very much. That's — Mr. Hannon: I'm sorry. Ms. Mendez: Right. Mr. Hannon: 4-1. Ms. Mendez: Right. Unidentified Speaker: 4-1, correct. Ms. Mendez: But it was a motion for -- Mayor Suarez: Just to -- Mr. Hannon: The motion passed to deny. Mayor Suarez: I understand, but just for his own clarity purposes because he's looking at me like he's not clear as to what happened. So there was a motion to deny. That's why everyone voted in favor, Commissioner. It was a motion to deny the -- this contract -- this -- whatever this is. I don't even know what this is. Ms. Mendez: That's why -- Commissioner Carollo: If -- Ms. Mendez: -- I'm asking. Chair Russell: Right. Commissioner Carollo: If I may -- Chair Russell: Just a moment, just a moment. Commissioner Hardemon. Commissioner Hardemon: So, let's be clear. The contract that's in this -- in our agenda packet is not complete. Unidentified Speaker: Correct. Commissioner Hardemon: Right. And so, that's why I don't believe that we should even be voting on it. Mayor Suarez: I agree. Commissioner Hardemon: So, approving or denying it -- Mayor Suarez: It doesn't really matter. Commissioner Hardemon: -- because the impression will be if we approved it, of course, it'll be approved. If we denied it, then we are denying the contract. Mayor Suarez: Right. Commissioner Carollo: But -- Commissioner Hardemon: And so, that's why -- City of Miami Page 35 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Vice Chair Gort: What's in front of us. Commissioner Hardemon: Right; what's in front of us. Chair Russell: So, you were clear on your vote? Commissioner Hardemon: I'm -- I would prefer a motion to withdraw, so that's why I voted against the denial, because it's almost like I'm not -- no, I'm not in support of the document as it is. So are we saying that my vote should be along with the rest of the Commission? Mayor Suarez: I don't know. It's up to you, Commissioner. Chair Russell: It's -- Mayor Suarez: But it -- the whole thing is confusing, to be honest with you. Commissioner Carollo: Who's on first? Who's on second? Chair Russell: Commissioner, your position is clear, and your vote is clear, actually. You're against -- you're clear. I don't -- it's up to you if you'd like to change it or not. The vote has been cast, if we'd like to reconsider. Ms. Mendez: Right. I just want to clam that it was a motion to deny. Chair Russell: Yes. Ms. Mendez: So, if it is a motion to deny -- Commissioner Reyes: As is, as it is. Ms. Mendez: -- as it is, then arguably -- Mayor Suarez: Mr. Chair, if I may? Chair Russell: Yes, Mr. Mayor. Mayor Suarez: And by the way, we will take the motion to deny, because I will sign this piece of legislation as -- to continue, but that this is not what we will be -- in other words, this particular version is not good. Commissioner Carollo: Well -- Chair Russell: Just a moment. Commissioner -- Mayor Suarez: Right? Chair Russell: -- Hardemon. Commissioner Hardemon: All right. Then I'll -- my vote should be along with my colleagues, then, for clarification. Mr. Hannon: 5-0. Ms. Mendez: Thank you. City of Miami Page 36 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Just to clarify, and thank you for that. It's a -- so, it's a -- Unidentified Speaker: As modified. Chair Russell: Unanimous "no" vote. Yes. Commissioner Carollo: I didn't think -- Chair Russell: The motion passes. Commissioner Carollo: -- Commissioner Hardemon, that you wanted to have given up your rights to negotiate and to sign off, and execute the agreement. So I don't think any of us would be happy with that. Mayor Suarez: And just to be fair, we did not -- the Administration and the Mayor's Office had no involvement in the drafting of that. Commissioner Carollo: I'm not saying that. Mayor Suarez: I know, I know. I just want to clarify. Commissioner Carollo: I'm not saying that, yeah. I'm not saying that. Chair Russell: Thank you. SP.2 RESOLUTION 6659 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners DIRECTING THE CITY MANAGER AND THE MAYOR TO and Mayor CEASE ANY AND ALL NEGOTIATIONS WITH MIAMI FREEDOM PARK, LLC IN RELATION TO THE PROPOSED DEVELOPMENT ON THE CITY -OWNED PROPERTY LOCATED GENERALLY AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), COMMONLY KNOWN AS THE INTERNATIONAL LINKS MIAMI - MELREESE COUNTRY CLUB, AND DIRECTING THE CITY MANAGER TO INITIATE AND PREPARE A COMPETITIVE PROCUREMENT PROCESS FOR THE DEVELOPMENT OF THE PROPERTY ENSURING THE BEST RETURN TO THE CITY OF MIAMI, INCLUDING BUT NOT LIMITED TO HAVING A LUXURY HOTEL AND GOLF RESORT ON THE PROPERTY; DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION FOR APPROVAL OF SAID COMPETITIVE SOLICITATION PRIOR TO ISSUANCE. ENACTMENT NUMBER: R-19-0439 City of Miami Page 37 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Victoria Mendez (City Attorney): Now, we still have SP.2, so if SP.2 could be amended to bring back that December 20-something item, then we could dispose of SP.2 -- Commissioner Carollo: Yeah. Ms. Mendez: -- as an amendment to bring back -- Commissioner Carollo: That there is a motion to -- Ms. Mendez: -- a discussion item and then -- Commissioner Carollo: -- bring SP.2 back. Ms. Mendez: -- amend it to bring -- Commissioner Carollo: Amend it. Ms. Mendez: -- instead of cease negotiations and all that, just to bring an -- either a discussion -- Chair Russell: I'm sorry. Ms. Mendez: -- item or a negotiated lease. Chair Russell: I'm sorry. I'm not following. Mayor Suarez: Let me -- Chair Russell: SP.2 is before us. Mayor Suarez: So the clarification is an amendment to SP.2, rather than it be a cease in negotiations and put out to an RFP, it be to bring back a discussion item -- this is an amendment to that item -- to this item, to SP.2 -- to bring back either a contract, if it's ready, or a discussion item on the December agenda. Is that correct? Ms. Mendez: Yes. The reason why we're doing that is since this is a special meeting, we really can't vote on any other items. And in order to merge the disposition of this item and the request by Commissioner Carollo. Commissioner Carollo: That's correct. The only caveat that I want to include in here, that if we reach a point that we cannot come to an agreement on a contract lease, then that we put out everything out to a Request for Proposal for the best and highest use, and that's only if we cannot come to an agreement. Mayor Suarez: Okay. Mr. Chair, if I may? Chair Russell: Mr. Mayor. Mayor Suarez: I would just respectfully request, if you don't mind, just bifurcating those two things. And maybe you can bring that back as an item. City of Miami Page 38 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Carollo: Look, I could always bring it back, so that's no problem in doing that. Mayor Suarez: Thank you. Commissioner Carollo: I'm glad you're being respectful to me. Thank you. Mayor Suarez: I always am. Chair Russell: So, I -- Mayor Suarez: I always am. Chair Russell: -- feel like I'm walking in the middle of a discussion here that's already started. SP.2 is a resolution to cease negotiation and open up an RIP for highest -- best and highest use. Ms. Mendez: Right. Chair Russell: So -- Ms. Mendez: So amending that item -- Chair Russell: -- is it being deferred, withdrawn or voted on today? That is the question. Ms. Mendez: It is amended. Mayor Suarez: It's being amended. Ms. Mendez: It's being amended to basically bring back an item for discussion on the December -- which meeting? Mayor Suarez: Discussion, or the contract, if it's ready. Todd B. Hannon (City Clerk): December 12. Ms. Mendez: On the December 12 -- either a discussion item or a negotiated lease. Chair Russell: Which will --just for clarity -- which will eliminate the language that's currently in SP.2 with regard -- Ms. Mendez: Yes. Mayor Suarez: Correct. Chair Russell: -- to an open RFP for -- Ms. Mendez: Yes. Chair Russell: -- best and highest use, as well as ceasing of negotiations. Ms. Mendez: Yes. Chair Russell: So, we're basically substituting an item here through an amendment process to bring back as a discussion item. City of Miami Page 39 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Mayor Suarez: "Amending" is a better word. Chair Russell: To bring back a discussion item. Correct, understood. Commissioner Reyes: I thought that you were just deferring to 20 -- to the 21st, requesting that we have a contract by that date. Mayor Suarez: That's, in effect, what this resolution is going to do. Commissioner Reyes: And if we didn't have an -- if we didn't have a contract by that date, then we will vote on that. That's what I thought. Chair Russell: So if you're the make -- you're making the motion, Commissioner Carollo. Your motion is to amend SP.2 -- Commissioner Carollo: Yeah. Chair Russell: -- and then move it. Commissioner Carollo: For December. Chair Russell: So I'd like to make sure were clear on what the amendment is, and then, because you're saying -- you're not saying defer to -- we are amending SP.2 and moving it for vote right now. Commissioner Carollo: No. Move it -- yeah, moving it so that we can -- Mayor Suarez: As amended. Commissioner Carollo: -- defer this -- Mayor Suarez: As amended. Commissioner Carollo: -- (UNINTELLIGIBLE) for the December meeting. Chair Russell: To bring -- it's a resolution to bring -- Commissioner Carollo: In other words, that we are going to have for the December meeting, the attorneys that we picked, we hired to, hopefully, have a contract for us - Mayor Suarez: If not, a status update. Commissioner Carollo: -- and if not, a status report where we're at with the contract. Chair Russell: All right. So there is a motion for an amended SP.2. Is there a second? Seconded by Commissioner Hardemon. Is there any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. Hannon: And for the record, 5-0. City of Miami Page 40 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Chair Russell: Thank you very much. We are done with the business of the day. Thank you all for your advocacy, your involvement. I appreciate it. We'll see you next time. We are adjourned. SP.3 DISCUSSION ITEM 6653 A DISCUSSION OF THE MIAMI CITY COMMISSION PROVIDING AN UPDATE ON THE STATUS OF THE NEGOTIATIONS BETWEEN THE Department of CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC FOR THE LEASE Real Estate and AND DEVELOPMENT OF A SOCCER STADIUM, PUBLIC PARK, Asset TECHNOLOGY HUB, ART AND ENTERTAINMENT SPACES, FOOD Management AND BEVERAGE VENUES, AND A HOTEL AND CONFERENCE CENTER WITH ANCILLARY COMMERCIAL USES AT 1400 NW 37TH AVENUE. RESULT: DISCUSSED Commissioner Carollo: Commissioner, in essence, what you're saying is correct, but our attorneys are also correct. The problem here is that we're evaluating and doing a study on just more than land. You have so many different components to this project that I understand that it takes some time. The question is, does it take that much time or not? You have a component of a mall. You have a component of hotels. You have a component of office space. You have other components that are involved, including parking structures. So it's not the kind of study that you could do in a cookie -cutter manner that we do. Now, having said that, since these firms were hired, how long has it been? Mr. Sarnoff They were essentially hired, let's say, September 12. So they have both been down here. They both have done, you know, some -- Commissioner Carollo: Two months. Mr. Sarnoff Right. Commissioner Carollo: Two months. Well, it's not, you know, within the outrageousness, I think, in something like this. Some maybe could do it in two months, I don't know, but three months -- you know, between three and four months is acceptable. Two months would have been ideal. But the problem of why we're here today on this and we're having this discussion lies, Commissioners, with the Administration. The Administration -- as we went through a whole meeting and I showed -- and even the Mayor was surprised on the timetables -- spent some two and a half months to three months sitting on this and not doing anything with it until they came to us and decided that we want this law firm to handle this. And we said, "No. We're going to take it upon ourselves and go through an open process," which we did. Your firm applied like other firms. And we took it upon ourselves in the right way -- yes, the Commission took some time in doing it, also. But we took time that we had to take. The Administration wasted two and a half to three months sitting on this, not doing anything. So this is why we're running into this situation. Commissioner Reyes: I would like to add to that that Mr. Mas and he returned (UNINTELLIGIBLE) -- and correct me if I'm wrong -- you -- and last meeting, last time that we talked about this, you told us that you had given the -- Mr. Mas and his group the redlines, right? And they returned the comment, and that was sitting there for a whole month before they were answered or given -- I mean, taken care of. What they did is they started a new contract without taking the redlines into City of Miami Page 41 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 consideration. And a whole month there was lost, the whole month. And you said it, remember? Mr. Sarnoff I think there's some accuracy there, yeah. Commissioner Reyes: That's right. You said it. I mean, that adds to Mr. Carollo's argument -- no, Commissioner Carollo's argument. Chair Russell: Thank you very much. I'd like to continue. Commissioner Carollo: So who's running our Communications Department here? I see Mr. Pedrosa, the Mayor's Communications guy, going to the Manager after I spoke. He's running out there. You know, this has got to stop, you know. I'm sorry. Chair Russell: Let's continue. Is there anything further for the representatives of the City to add? All right. Thank you very much. Unidentified Speaker: Thankyou. Chair Russell: We'd like to hear from the Mas/Beckham side. Mayor Suarez: Mr. Chair, if I may? Chair Russell: Yes, Mr. Mayor. Mayor Suarez: I'm not exactly sure what the Commissioner's referring to, but what I was speaking to, my Communications Director, was about the fact that we're following a lead that Jai Alai has cancelled, that the studio that was going to host the concert with Jai Alai has cancelled the concert. So, that's what we are investigating to see if it's accurate. So I'm not sure why the Commissioner has an issue. Chair Russell: Thank you. I don't think we need to get into it. Commissioner Carollo: He was speaking to the Manager, not to you. Mayor Suarez: I don't know what he said to the Manager then. Chair Russell: It's irrelevant. I really would like to continue. Mayor Suarez: Of course, it's irrelevant. Jorge Mas: Thank you, Mr. Chairman. And thank you, Commissioners, forgiving me the time. It's been a little bit over a year that, you know, we were here and we presented in that summer when we were able to take this issue and this item and this project to referendum, and to the voters. And I'd like to speak to -- I had a presentation prepared. I'm not going to go through the presentation. It's there. You can see it with your own time. And I think that the amount of excitement and anticipation that entered Miami has really created over -- since its beginning, has been wonderful to see not only in the City of Miami and the respective districts that overwhelmingly voted for us to move forward in the negotiation of a lease, but I think in all of South Florida, the expectations. I'd like to talk a little bit about two things: process and transparency. And I've, you know, been listening to the discussions today and I want to reiterate today that on behalf of our ownership group, you know, that we remain steadfastly committed to meeting every single one of the objectives and promises that we made 14 months ago here. You will see them in the final version of the lease that will be presented to you. We have on the environmental study done a significant amount of work. And as I stood here before City of Miami Page 42 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 you 14 months ago, I said that I considered the largest and probably only obstacle would be that if we had an environmental number that made any type of project here not feasible. As I have shared with some of you, I do believe that the environmental remediation can be done at an amount and a number that makes this project feasible. It is under $40 million. I will commit today publicly, as I did earlier, that the City and the taxpayers and residents of the City of Miami will bear no expense, zero expense, in the remediation of that property. And in addition to that, we're going to be asking for zero taxpayer dollars from the residents of the City of Miami. In addition to that, we said and we committed that we would pay fair market value for the property and the underlying land under the lease, the 70 plus acres. I reiterate our commitment. We will pay fair market value. I will echo the words of Mr. Sarnoff and Mr. Rai that this deal is not simple. We have -- and the team agreed after the consultants and lawyers were chosen in the month -- barely two and a half months ago when these firms were given the go-ahead to pay an elevated amount of fees in order to fast -track their work. We're paying probably two and a half to three times the normal fees that would typically be paid to these firms in order to fast -track this, because we are in a hurry. I would like to see -- obviously, if we get approval and the go-ahead from the City of Miami Commission -- to have this project and the stadium completed by 2022. I think that it is an important date for a multitude of reasons, and I'd like to see the City of Miami be the home for Inter Miami. I'd like to also talk about process and transparency here. We are probably --and I want to echo the words of Commissioner Carollo. You know, there's over 600 pages of documents on our website, on MiamiFreedomPark.com. Every single agreement, every single draft, everything that we've had in there has been therefor everyone to see. And I want to also echo the fact -- and there's been a lot about process and RFPs and Requests for Proposals. During the course -- when we commenced this, I believe, in March or April, which would make it 16, 17 months now, this process has not precluded anyone or any party from making a proposal to this Commission and the City of Miami over a different use for the land at Melreese. Any developer, locally or internationally, could have come here and made an unsolicited proposal to this body; no different than what I did in Fort Lauderdale some months ago, where we're building an interim site and a training center where I presented an unsolicited proposal on January 28 of this year. But notwithstanding that, we also made a commitment, Commissioner Gort, to go to the community and to go to the residents of District I and get their input, and talk to them about this project. We've had over 100 community meetings in District]. We have had dozens of other meetings in all of the other districts of your colleagues in the City of Miami Commission. We've probably touched over 9,000 residents of the City of Miami in talking about this project and getting their input, and sharing our views. So I think that our community outreach undertaken by our team has been one which I think has hopefully met your expectations, and one that I reiterate that we will want and continue to have community input. The 58-acre park that we're proposing to help develop there is the community's park. It needs to be their park. It needs to be under their purview and designs. And I also want to share with you the uniqueness of this project because, as part of this process, we have shared with the lawyers and the appraisal firms, the economics around this deal. This is a transaction that has significant dollars and financing involved with it. Our ownership group has a commitment not only of financing a stadium with probably 70 percent of equity dollars, but also a commitment to probably put 470 to $500 million into the Entertainment District, the hotels, the commercial hub. And these are numbers that have been shared with the appraisers, and they're, obviously, going through their processes of conducting value. But I want to talk on a macular -- about the uniqueness of this project. I stood before you here 14 months ago, and I said that I do not believe that stadiums on their own are economic engines, are not viable, or do not contribute to the -- to a community. When we design this project not only, I think, is it going to produce the jobs and the tax revenue and the underlying lease. And when you look at the analysis of the 99 year period and only taking into account the lease payment and City of Miami Page 43 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 the property taxes, not taking into account any of the other economic benefits, of jobs and the multiplier effects, this -- Miami Freedom Park will represent $2.9 billion to the City of Miami over those 99 years and $13.2 billion to Metro Dade County, the School Board, the State of Florida and the City of Miami. Those are significant benefits to our community, not counting the other economic analysis. The uniqueness of this is also that I think this model has now been copied by five cities. Since we presented the designs to you of Miami Freedom Park, Columbus, Ohio; Nashville, Tennessee; Austin, Texas; St. Louis, Missouri, and Sacramento, California have basically taken a copy of this project and put it in those cities for the start of their own MLS (Major League Soccer) specific stadiums, all with significant financial support from their cities. So I have always committed to you that this will be 100 percent privately funded, that there will be no taxpayer dollars here. And I would urge and ask you to allow us to finish these negotiations, to present to you a lease that you can vote up or down or make decisions, or we can make changes. I am extremely confident that when we weigh the benefits here, I think it'll be a project that'll be transformational for our City. And I think it'll be one that'll leave a great legacy. So I just wanted to reiterate our commitment. Our lawyers, specifically spearheaded by Richard and Iris, have been at this 2417. There have been multiple meetings. I know they meet almost every day. There is agreement on a significant amount of factors and issues. The issue is it all comes down and everybody likes to see the numbers. When the numbers come, we'll plug in the numbers. But again, thank you for your time. And I just wanted to reiterate our commitment to getting this done the right way. Chair Russell: Thank you, Mr. Mas. Commissioner Reyes. Commissioner Reyes: Mr. Mas, I just want to clarify something. You said -- you stated that there has not been an unsolicited proposal, because this is not on the market. Everybody thinks that this is already a deal that was almost decided. But was your proposal an unsolicited proposal? Mr. Mas: My soli -- our proposal here? Commissioner Reyes: Yes, sir. Mr. Mas: It was not solicited by the City. Commissioner Reyes: It was not. It was unsolicited. Mr. Mas: It was not -- no, you did not solicit from us. Commissioner Reyes: We didn't solicit. Mr. Mas: Nor did we respond to an RFP. Commissioner Reyes: You didn't respond to an -- but if that's the case, procedure was not followed, because if it is an unsolicited proposal, Madam City Attorney, procedure was not followed, and this is not legal. Ms. Mendez: Right. And Commissioner Reyes, remember that we've talked about this in the past. And the process that the City followed is legal. It's legal. However, this is not an unsolicited proposal, because in this aspect, the City contacted Mr. Mas about a location. Mr. Mas did not contact the City. Mr. Mas: Correct. Ms. Mendez: My understanding, Mr. Manager -- City of Miami Page 44 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Reyes: I'm not -- what I'm saying is, I want to keep it clear and transparent. If --just as he says. I mean, I didn't say it. He said it. He stated that it was an unsolicited proposal. Mr. Mas: No. Commissioner Reyes: And if that's the case, the procedure was not followed. Mr. Mas: I want to clam. I did not say it was an unsolicited proposal. I said during the course of the last 17 months, anyone -- not us -- could have made an unsolicited proposal to the City of Miami for this land. Commissioner Reyes: But Mr. Mas -- Mr. Mas: And I just stated that the City did not solicit, nor did I respond to an RFP. I want to be extremely clear on what I say. Commissioner Reyes: Well, I want to be clear also that when I asked you if you were solicited -- I mean, you were responding to us --from any of the -- the City that had solicited a proposal. You said, "no." It wasn't -- I wasn't following anything. I wasn't -- I mean, answering to any soliciting. If that's the case, you were presenting an unsolicited proposal. Mr. Mas: This -- Commissioner Reyes: It's a legal -- that has to be clarified, because if it is unsolicited -- Chair Russell: One at a time. Mr. Mas: It was -- Chair Russell: One at a time, please. Mr. Mas: -- 14 -- Commissioner Reyes: At a time. Mr. Mas: -- or 15 months ago, we all stood here and we discussed this issue ad nauseum. The procedure that we followed of a referendum is the City's procedure. I don't invent procedures. This is not my city; it's not my land. Chair Russell: Vice Chairman. Commissioner Reyes: That is right, but I -- what I -- it's not your city. It is not your land, and that's why we have to be very careful with it. One thing that I want to make clear, because at the time I made that statement and I don't -- I know that this project has been moved around. I mean, there have been subterfuges and people are -- the way that it has been done, it is not clear, you see. I just wanted to make it clear for the people, okay? Chair Russell: Thank you. Vice Chairman, and then the Mayor. Vice Chair Gort: First of all, let me tell you, I have great admiration for you guys and what you have done with your father's project. You kept it on and made it even better, so you've got to be very proud of what you have done in this city. At the same City of Miami Page 45 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 time, it's a shame that you didn't use the -- a unsolicited proposal, because that would have been a hell of a lot easier than what it is today. One of the areas I recommended was the area of GSA (General Services Administration), which is about 25 or 21 acres, Northwest 12th Avenue and 20th Street. At that time, you told me it was not -- we came out with a letter -- Mr. Mas: Right. Vice Chair Gort: Asking people if they would be interested in it. I understand we received about 10 different proposals for that area. It's a shame you didn't go to the unsolicited proposal. That would have been a lot quicker, a lot better. Mr. Mas: Noted. Chair Russell: Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. I think -- I don't want to confuse this discussion. I think the -- there's been a lot of talk about whether there should be a solicited proposal or not. I think if the City were to have issued an RFP where the City says that to develop this property, we need a team that has an MLS franchise and that can develop a million square feet of office, retail, whatever you want to call it, commercial complex, there's only one entity that could have responded to that solicitation. The second problem with an RFP process is that --in conventional RFP processes -- and this is a little different, because we considered it waterfront property, correct? This one, yes. Ms. Mendez: No, just -- Mayor Suarez: Okay. Well -- okay, so even more reason why. So in a conventional process, since it's not considered a waterfront property, it wouldn't require a referendum. It wouldn't require three appraisals, et cetera, which is what is required of a waterfront referendum. So what would have happened under a normal RFP process is that this could have gone to a committee, and the committee could have chosen the winner. So what the City could have done is said, "You know what? We're going to put out an RFP where the proposer has to have an MLS franchise, " which, by the way, there's multiple MLS franchises throughout the United States. So, in theory, somebody from Kansas City or somebody from Atlanta, or somebody from Orlando could have, in theory, proposed it, but there was only one Miami franchise. So we could have built an RFP that said, "The person who wants to build this million -square feet of development has to have an MLS franchise, " and then we could have created a committee, which would have ranked them number one, because they're the only person that could have proposed under that responsibly, and then this thing would have been done without the voters having opined on it. I don't think, for me, personally, that that is a better process. I think the process that we undertook was the most comprehensive process, because when you're talking about a project -- a property of this magnitude, as we've all stated, the reason -- another 130-acre piece of land -- the last one that we had was a 212-acre golf course that the City sold for $3 million in 1997. So we did have two public golf courses. One of them was sold in 1997 for $3 million. If we could buy it for $3 million today, I'd ask the Manager to go ahead and acquire that 212-acre golf course from Miami Springs, right? Right. So the process that we undertook was the most pure process, because the selection committee was not five experts that the Manager chose. The selection committee was the owners of the property, was our bosses, the residents of the City of Miami. They're the ones that scrutinized this project and this proposer, and made a decision as to whether they wanted to go forward with this vision of changing this into a 50-acre -- 60-acre park, 20 acres of soccer fields, you know, et cetera, et cetera, or keep it as a golf course. So, to me, I City of Miami Page 46 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 feel very comfortable with the process, because, to me, it's the purest form of RIP that the City could have undertaken, which was to let the selection committee not be people selected by the Manager or by the Commission or by anybody else, but be the -- let the selection committee be the owners of the property, the residents of the City of Miami. Now, we don't do that very often, and there's a reason why we don't do it very often, because imagine if every single RIP, we'd have to take it to the voters. That's not why they voted and elected us to represent them. They voted on us for us to make decisions for their betterment. In this particular case, I thought that a pure process would be to involve -- because of the magnitude, the size of the project, the fact that it would be controversial -- something that didn't happen, by the way, in the Marlins deal -- would be to involve the residents, who are our bosses, in the decision. And they opined and allowed us to bypass what would be another way of doing it, which is to do a solicitation, which I've just explained why it doesn't make sense to do a solicitation, and do it that way. And so, I'm very comfortable that the residents, our bosses, have laid out the process. We're following the process. As the City Attorney said, it's a legal process. It's been litigated as a legal process, so it's not just the City Attorney's opinion. It's also the opinion of the court system that it's a legal process. And now, I think our obligation, frankly, to the public is to finish the process. And we've talked about it a lot today. Commissioner Carollo: Well -- Commissioner Reyes: Mr. Chair -- Chair Russell: Commissioner Reyes, then Commissioner Carollo. Commissioner Reyes: Very nice rhetoric, very nice, very good. But what I gathered from your -- what you said and when this didn't go to an RIP, because the mind was already set by you and the Administration that that was going to be the place that you wanted that stadium to be built. And with -- regardless of if it should go to an RIP or not, you see -- and all the steps were taken in order to benefit the soccer stadium and the owner of the soccer stadium. I mean, that's what I'm saying when I said there is no transparency, because if we go into an RIP, you provide the alternative, because, first of all, there was not -- until that day, there was not a plan to develop any parkland in the City of Miami. As a matter of fact, since I first got here, the only thing that I heard is we have to protect our green space. We have to protect our parks. We need more parks. And then, overnight, you come -- here comes this project that it was beforehand decided that it was going to take place in that particular place. That is what I'm saying, sir. You see, I mean, in your rhetoric that you just said, okay, no other -- I mean, it wasn't brought because it was a project of that magnitude. No, it was a project that it was brought to you, and then you decided, let's do it here. It could have been done in any other type of land that they could have purchased. Pepsi -Cola --the old Pepsi -Cola land is still there and it could be bought. This is something that it was tailormade at the time, on the fly. Let's do this here. That's why we didn't go --- that's my only criticism to this process. Chair Russell: Thank you, Commissioner. The Mayor would like to respond, then Commissioner Carollo. Mayor Suarez: Yeah, and I'll be brief. And I don't want to just keep going in circles. I think we've talked about all this stuff already in multiple meetings. Commissioner Reyes: Yeah, yeah, yeah, yeah. Mayor Suarez: You know, my perspective is simply that we could have undertaken a variety of different processes. This was the best process. The reason why I felt it was the best process is because you could have structured an RIP which would have City of Miami Page 47 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 given it to a sole person and deprived the residents of an opportunity to opine on a project of this magnitude. And I don't think that would have been right. As Mr. Mas said, as well, anybody could have offered an unsolicited proposal -- and can still, by the way, offer an unsolicited proposal on the property. You know, as you've said, that is a process. That's a process that anybody can undertake. All they have to do is give $25, 000 and provide a proposal as to what they think that they would do, and this Commission can vote it up or down. But just to be clear, this Commission is the one that supported taking this to the voters, by a 312 vote. Commissioner Reyes: I agree with you. Mayor Suarez: And the voters opined, so the process is finished. Commissioner Reyes: I'm just (UNINTELLIGIBLE). Mayor Suarez: I'll defer to Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Mayor. You are correct in what you previously stated, that we have gone through a legal process in this. And let there be no doubt that every step that this Commission has taken has been legal; otherwise, it would not have been taken. Those that wanted to challenge it did so, and the courts opined that the City Commission took legal actions. Now, having said that, where I differ with you, Mr. Mayor, is in the following: In a Request for Proposals, if I would have had a second for one, which I did not at the time, it would not have been that the only person or group that could have applied would have been the Beckham group, and let me tell you why. Because we could have put out a request for proposal that would have unified everything or had the option of bidding separately on the retail office building component, and then separately on a soccer stadium. So this way, you would have gotten the best of all worlds; that the Beckham group could have presented a proposal for everything, and then they could have presented a proposal just for the soccer stadium. But others could have come in and presented a proposal for everything that wasn't soccer, which is the vast majority of what this project entitles [sic]. So that could have been done in that fashion. The bottom line is that we're here today after a lot of months have been wasted. The citizens of Miami, two-thirds, voted for us to go forward and negotiate, negotiate in good faith. And that means not only from the Commission side, but from the side of the Beckham/Mas group. And I can't change what happened in the months that were wasted with our Administration, nor am I going to get into why they did it. I have my own speculations why, but I could only deal with what we have here today. So, having said that, I think that we need to get a vote on this as quickly as we can. And what we have before us -- we don't have a contract before us, because we cannot possibly have any kind of contract. There could not have possibly been any kind of negotiations that were meaningful if we didn't have the appraisals as to what the deal was worth. And this is where we're at today. This Commission certainly has the authority and the right -- legal right to kill this deal right now. The question is, is that the appropriate position to take today or not? And I will leave that to my colleagues to opine on that. Chair Russell: Thank you very much. NA - NON -AGENDA ITEM(S) City of Miami Page 48 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 NAA DISCUSSION ITEM 6847 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY City Commission MANAGER TO PLACE AN ITEM ON THE DECEMBER 12, 2019 CITY COMMISSION AGENDA REGARDING THE PROPOSED DEVELOPMENT ON THE CITY -OWNED PROPERTY LOCATED GENERALLY AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA ("PROPERTY'), COMMONLY KNOWN AS THE INTERNATIONAL LINKS MIAMI - MELREESE COUNTRY CLUB. RESULT: DISCUSSED Chair Russell: We're taking up -- Commissioner Carollo: But here's what I'd like to do now. And Madam City Attorney, I think I could make the following resolution, even though it's a specially - called meeting. And it's a resolution instructing the Administration to have this item back in the December agenda meeting so that, hopefully, we would have had the final appraisals from our attorneys and the companies they have hired, or at the very least, have a full report where we're at. Mayor Suarez: I -- may -- Commissioner Reyes: Can we -- excuse me. Can we move it to the 21 st? Commissioner Carollo: It's too soon, and frankly, Commissioner, we're getting to the point -- we've been very fair with Commissioner Gort. Commissioner Reyes: Yes. Commissioner Carollo: And I think he knows that. And the 21st, you would have had already, for two days, a new Commissioner that would have been elected. And even though they couldn't vote, because -- Mayor Suarez: They're not sworn in. Commissioner Carollo: -- they won't be sworn in, so I think we got to balance this, also, in being fair not just to Commissioner Gort, but to future Commissioner Diaz de la Portilla. And not to -- not the lease that they're not going to be ready for what we're asking in, you know, a couple more weeks -- well, less than two weeks -- a week and a half or so. Chair Russell: Thank you. So, I think a direction to management -- Commissioner Carollo: Yeah. Chair Russell: -- might be sufficient for this rather than a vote on a resolution. Mayor Suarez: And just to be clear as to what the Commissioner's direction is. I think the direction is to bring an item on the 20 -- on the, I believe 20 -- is it the 12th? When is the December meeting? Commissioner Carollo: The December meeting, whatever it is. Mayor Suarez: Whatever it is. City of Miami Page 49 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Carollo: The --yeah. Mayor Suarez: And it to be either a discussion item, an update -- Commissioner Carollo: Yeah, either an update -- Mayor Suarez: -- or the contract, if it's ready. Commissioner Carollo: -- or the contract -- Mayor Suarez: If it's ready. Commissioner Carollo: -- if it's ready, that would include the numbers that we've gotten, if we've gotten them already -- Mayor Suarez: Of course. Commissioner Carollo: --from the two firms we've hired. And the reason I'd like to do that in a resolution, so there is no mistake at all from anyone of what we've done here today. Mayor Suarez: And just to be clear, I think just to point -- Commissioner Reyes: I -- excuse me. Victoria Mendez (City Attorney): If we can -- Commissioner Reyes: I still believe -- Ms. Mendez: --as proposed --sorry. Commissioner Reyes: -- that we can do it on the 21 st. I mean, the fact that we have somebody that has been elected, but we have -- and we still have a Commissioner that had represented that district for the past 16 years -- I mean, more than 16 years, and we owe him the respect and the courtesy that he will be able to vote in this item that means so much to him. Commissioner Carollo: Legally, you're right. Legally -- Commissioner Reyes: Yes. Commissioner Carollo: -- you're right. You could do it. Commissioner Reyes: And that is my point, and I will vote -- I move that it will be the 21st. Commissioner Carollo: The problem is that in nine more days, we're going to be in the same situation we've been here today, and that's the point I'm trying to make. Mayor Suarez: And I'll go a step further, Mr. Chair. To Commissioner Carollo's point, it's not only about the nine days. It's that today is the agenda deadline. So -- right? Ms. Mendez: Right. We would have to print today Mayor Suarez: So, there's -- City of Miami Page 50 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Ms. Mendez: -- and we don't have anything to print. Mayor Suarez: -- nothing different today than what we have before us. Commissioner Reyes: We did it before. Mayor Suarez: What do you mean? Commissioner Reyes: We did it. We brought it -- when I -- before the -- when I had the accident, that was rushed, also, and some -- Mayor Suarez: I understand. Commissioner Reyes: -- items were taken out of the agenda and that -- this item was brought in, because, remember, this wasn't -- not -- this was not taken care of, because I -- somebody tripped me when I was falling down and I almost broke my neck, you see. Chair Russell: Thank you. Commissioner Reyes: Unfortunately, for some people that would like -- love to see me dead, but I survived. And the same thing happened when I proposed that this will -- would have been brought -- Ms. Mendez: So, we could bring -- if it is the will of the Commission to bring this back on the 21st, we can, but it would be this same item, and then we would have to substitute. Mayor Suarez: Wait, wait, wait. Time out, time out, time out. This item was voted down -- Ms. Mendez: I'm saying -- Mayor Suarez: I have 10 -- Ms. Mendez: -- the attachment. I'm -- Mayor Suarez: -- days to sign or veto it. Ms. Mendez: I understand. Mayor Suarez: So, if you add 10 plus 12, it's 22, so it's just not possible. Ms. Mendez: Right. Mayor Suarez: We've got to be clear. We've got to be, you know, fair. Chair Russell: All right. Mayor Suarez: It's not possible. Chair Russell: So, prior to -- I know Commissioner Reyes is trying to make a motion. Prior to recognizing (UNINTELLIGIBLE), we have a small procedural item to take care of to ensure that any vote that I cast beyond noon carries the weight of the law. Mr. Clerk, do you have a bible? So we will recess for five minutes, as I take the oath of office. Commissioner Gort, if you'd hold the bible, I'd be honored. City of Miami Page 51 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Commissioner Reyes: Oh, you are illegal here. Commissioner Carollo: Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa. Commissioner Reyes: Go back. Commissioner Carollo: Whoa, whoa, whoa, whoa. Commissioner Reyes: You're illegal. Commissioner Carollo: Whoa, whoa, whoa, whoa, whoa. Commissioner Reyes: Oh, my god. Commissioner Carollo: For the last three minutes, everything -- (Later...) Chair Russell: We are almost done with the business of the day. We have one last item left to do. Thank you for your patience and indulgence there. We've got to keep it legal. All right. So we have a full dais. We are taking up SP.2. But prior to that, Commissioner Reyes had a motion, unless it's to be withdrawn. Commissioner Reyes: Well, I will withdraw it, because you won't have time to place everything on the ballot (sic); although, which is not fair -- I mean, I know it's not fair. And I still, still believe that it was done on purpose. But having said that, having said that, I know that we're going to have the same thing that we had here, you see, a contract without any numbers. Unless Commissioner Gort -- Commissioner Gort, will you like to move this to the 21st, and they would present --? Vice Chair Gort: I'll make a motion, but the -- it's going to be the same thing, that they're not going to be ready. Commissioner Reyes: Well -- Vice Chair Gort: They're not going to be able to take it, and people are going to vote against whatever comes in front of them, because it's not (UNINTELLIGIBLE). Commissioner Reyes: -- if you make the motion, I will second it. Vice Chair Gort: I'll make the motion for (UNINTELLIGIBLE). Commissioner Reyes: I second. Vice Chair Gort: Okay. Ms. Mendez: Okay, so just to clarify, because we already moved on SP.1. So SP.2, can we just -- if -- are -- do you really want this item on the 21st? Because it's not going to be an item to approve a lease. Do you really want an item to approve a lease on November 21st, when we are not going to be ready? We're just -- I -- I'm trying to be practical. Vice Chair Gort: It's going to be the same exercise again, all over -- Commissioner Reyes: Okay. Well --and then we are -- if you feel like that, I agree with you, but it was going to be symbolic only. That's it. But I really wish that they had done everything that was possible to get it on. And I know that it was done on purpose. I know it. City of Miami Page 52 Printed on 1211912019 City Commission Meeting Minutes November 12, 2019 Vice Chair Gort: I really appreciate it and I appreciate what you all are doing. But at the same time, my understanding is, Madam Attorney, I can come and speak in the public on behalf of any issue. Ms. Mendez: I would hope that you do. Vice Chair Gort: Right, okay. Thank you. Commissioner Reyes: And I will invite you to share my office with me, if you need to work. Vice Chair Gort: After the 21st, there will be no Sunshine violations, so I'll be able to talk to all of you. Commissioner Reyes: Absolutely. Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Reyes: You will come and you will have -- I mean, half of my of ce, it will be at your -- whatever you to do. Okay, thank you. U91110111N►ILyiIA►kI The meeting adjourned at 12:20 p.m. City of Miami Page 53 Printed on 1211912019