I'm ready now. >> Good evening everyone. If you could please take your seats, we'd like to call to order tonight's meeting of the South Miami City Commission. If you could please silence or turn off your cell phones, we would be grateful. Today is Tuesday, February 2 February
17, 2026. The time is just after 7 p.m. Madame Clerk, if you could call the role, please. >> Yes. Mayor Fernandez, >> present. >> Vice Mayor Corey, >> present. >> Commissioner Rodriguez, >> here. >> Commissioner Bonish, >> here. >> Commissioner Cay >> here online.
>> We have a quorum. >> Thank you, Madam Clerk. Uh, if we could please stand for a brief moment of silence and followed by the pledge of allegiance led by Commissioner Bonich. Commissioner, >> I pledge allegiance to the flag of the United States of America and to the
republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Please be seated. Thank you. >> Madam clerk, I believe we have a number of presentations. >> Yes. Can you read the first item, please? >> Yes. Proclamation. Miami Day County
Public Schools teacher of the year, Roberto Rebella, South Miami Middle Community School. >> Great. Madam Clerk, do you have the proclamation? >> Is Mr. Rebello here? Please come forward, sir. Thank you for being with us. >> Sir, thank you for joining us. We have a few presentations. Let me get through to
the right the right document. So, uh, it's been a great year for South Miami 2026. A lot of, uh, important people in our community, starting with our educators, uh, students, athletes have, uh, been recognized for accomplishments in their field. Starting with Mr.
Rebello, who was recognized as, um, our community's teacher of the year. So, I want to read quickly a proclamation in his honor, which reads, um, "Whereas Roberto Rebello, a dedicated educator at South Miami Middle School, has demonstrated exceptional commitment to academic excellence, student mentorship, and advancement in public education.
Whereas his passion for teaching, innovative instructional leadership, and steadfast belief in the potential of every student, he has positively impacted countless young lives and fostered a culture of achievement and integrity. And whereas his selection as Miami County Public Schools teacher of
the year represents one of the highest honors bestowed upon an educator in our region recognizing his outstanding professional accomplishments and meaningful contributions to his school community and on and on and on. And therefore, myself, Javier Fernandez as mayor, along with my colleagues on the city
commission, Vice Mayor Brian Corey, Commissioner Lisa Bonich, Commissioner Steve Ga, and Danny Rodriguez do hereby proclaim today, February 17th, 2026, as Roberto Rello Day. Congratulations. So, if you please introduce yourself for those who don't know you, uh, tell us a
little bit about your tenure at South Miami and how long you've been an educator. We'd appreciate it. >> Okay. um fond memories of this chamber here. Uh in 2018, I came with uh with my civic students and um we petitioned the then mayor to turn South Miami into the
first compassionate city in the nation. Um the the the city council and the mayor were moved and that never really took off, but it was such a great experience for for my students. Um I've been at South Miami Middle School now for 22 years. Um I got into the
profession of teaching because my youngest brother was 10 years old when he was born and he had he was born fine but then he had some complications and the prognosis was grim. They told my mom he'd be a vegetable. He would never walk and talk
and it was my mom's tenacity and not accepting that prognosis from the doctor and I learned from her that if you're willing to find solutions solutions are there to be found which established my personal philosophy of D while do what others won't that's what I teach my kids. Um,
I love teaching. I >> What do you teach if I can ask? >> I teach civics. >> There you go. Great. >> I teach civics. Yes. >> So, it's uh it's always interesting and I teach the kids to be steward of their community. Um, we have a um as a matter of fact, some of my students are here today. And um >> do you guys want to come up and say a
few words about your teacher? Who's here? >> Come on up. Come on up. >> And it's usually the smallest and the quietest that usually come up. >> You raise your hand. Dangerous things happen. So, and be careful what you do. >> Good evening. What's your name and your name, please, for the record?
>> Um, Emma Gonzalez. >> Emma, thank you for coming with us. What do you love most about Mr. Rebelloo? >> Um, I like when we do like the movements and the beach ball learning. Um, I like how I'm able to learn a lot of things in his class. Um, with the guided notebooks and we could tape things instead of
writing things down all the time. It's a fun class. It's my favorite period of the day. I really like it. So, >> and what grade are you in? I'm a seventh. >> Fantastic. Thank you. Next young lady, come on up. What's your
name, please? >> My name is Isabelle Cologne. >> Isabelle, thank you for being here. So, what do you love most about your teacher? >> I know that Mr. Abello makes us feel limited. Limited in the beginning of class as we do our daily affirmations. >> I'm sorry. Limitless. Is that what?
Limitless. Perfect. Okay. Thank you. Thank you for being brave enough to get up and share a few thoughts with us. So, colleagues, uh, we're going to take a picture, okay? >> But I just want to say personally, uh, as the son of a public school teacher, 42 years at Miami Day County Public Schools, thank you for what you do. It's
a tough job. It's very underappreciated in our society today. And, um, I hope you get as much joy out of seeing your students get up here uh, and achieve success. Our city attorney is a proud graduate of South Miami Middle as well. not not not Lily but Tony Russio. Um you
guys do tremendous work with under very challenging circumstances and I just want to say on behalf of this entire council, thank you for representing our community so well. >> Thank you so very much. It's my honor. One more app. >> Sure, that'd be great, too. Yeah.
>> Oh. Hey, Mr. Rebella, if there anything we can do to help your students uh as you teach them a bit about physics, what civics, excuse me, whether it's have them come shadow us uh at a future meeting or organize a mentor, you know, some sort of internship here through the city. We'd love to invite them to come
out and participate. Maybe we can have a conversation about setting up a student advisory group here for the council as well. >> That would be great. As a matter of fact, they um we want to schedule a field trip to one of the the next coming meetings in order to have the kids
petition the city, but something at a smaller scale. >> Sure. We've always talked about the uh the power of one has been actively involved in the community for the last 12 years and I've worked together with the former chief chief land and as a matter of fact tomorrow the uh police officers are coming to pick up the blankets for the homeless which is
something that we do to to increase police community policing which is so important to me and to our school. So we would like to see the possibility of petitioning the city to turn Southwest 60th Street to the power of one street. >> Okay. So that's something that they
would like to inquire about. >> Let's do that. We're happy to walk them through the process because it's not an easy one. So fantastic. >> So >> Commissioner Rodriguez, >> um congratulations and uh again, thank you for what you do. It's a it's it's not easy being a teacher and I think we all learned that during co um
Somerset Somi does a day where their one of their classes comes in and uh it's we're all here and they get to ask us a bunch of questions of our jobs and what we do for the city and so on so forth. But it's, you know, personal time that we get with them. So maybe the principal
or or or yourself can call uh the clerk or the manager and and see maybe we can uh set one of those days up where you bring a class to the chambers and you know we can have a day where they can just ask us all the questions that they >> That would be great. >> Yeah,
>> that would be great. >> Thank you. Thank you so much. >> Thank you again. Congratulations. >> Thank you. Madam clerk, if you could please read on item two. >> Yes. Proclamation Jennifer Jimenez, winner of educative award at the Grammys, South Miami Senior High.
>> Thank you, Mr. Pent. I see you in audience. Would you mind coming up and introducing your colleague for us? Sorry to put you on the spot, sir, but I know you're good on your feet. Yes, sir. Oh, I'm sorry. Commissioner Kai, did you want to add something
before we turn the page? I apologize, sir. >> Thanks, Mayor. No, I just wanted to follow up with what Commissioner Rodriguez said that we do a field trip and obviously we we we show all the different uh aspects of our city government. So, for a civics class, it' be a great opportunity for the kids to
learn. Uh we've done it now three years in a row. Obviously, you guys have done it with me, so it should be pretty easy to follow through on that. >> Thank you. >> And and congratulations to the teacher of the year, August. >> Mr. Pentton, how are you? >> Doing great. Great. How about yourself?
>> Doing very well, sir. Thank you for being here. >> Thank you for for having us. I didn't know that I was speaking, but >> I know. I'm sorry to catch you off guard here. >> You should be surprised. >> Yeah. >> Honored to be here, principal of South Miami Senior High. I'm year five now at South Miami Senior. Uh I want to thank
you for always being so supportive. Uh thank you for having us here today and recognizing uh my incredible teacher. Uh you you've already said a few things that that are so true. The the job is uh not easy. Uh extremely chall challenging. I think today more than
ever. Uh, but I I would say that maybe specifically to to my Grammy awardwinning band director, um, I I don't think people realize how hard these individuals work, right? So, we see coaches out on the field after hours
and the hours that band directors and orchestra directors at at high schools, the kind of time they have to put in uh most evenings, often on Saturdays, weekend events that go from 8 in the morning to 8:00 at night. It really is
uh a lot of work that that often goes uh unseen. In our case, uh, we were honored to have our incredible, uh, band director recognized at the Grammys, which was was unbelievable. I don't know if you folks were watching the Grammys, but uh, >> I was. That's how I found out. So,
>> she was up there with uh, Bad Bunny and and all those. Uh, so so that was a pretty cool thing. I think I think as educators oftentimes it's not the most glamorous of of uh, jobs at times. So to to be invited uh to to such an event and
to to be recognized at the Grammys I think was special and extremely deserving. Now before I introduce her I must say as well next to her is uh Noah Jimenez, freshman at South Miami Senior High who today was recognized for being on the principal's honor roll.
>> There you go. >> Thank you, sir. Mr. Mendes, why don't you come on up? Give a round of applause. So before I read this proclamation, I just want to say it was very cool to be watching the Grammys and see a teacher from South Miami recognized. I'm
embarrassed we didn't know about you before. Uh but whatever we can do to support your program, please let us know. We're happy to lean in. Uh this is just a small honor, token of our uh appreciation for all that you've given our community. And it reads, "Whereas Jennifer Jimenez, an esteemed educator
at South Miami Senior High, has demonstrated exceptional dedication to music education and student achievement. And through her passion, leadership, and unwavering commitment to excellence, has inspired countless students to discover their talents, develop their confidence, and pursue artistic and academic success. And whereas her innovative
teaching methods, tireless advocacy for the arts education have strengthened the cultural fabric of our community, and elevated the standard of music education in our schools. And whereas being named a recipient of the prestigious Grammy music educator award uh is a national honor that recognizes her extraordinary
impact in the classroom and beyond. Now therefore I Javier Fernandez mayor along with my colleagues on the city commission again vice mayor Brian Corey commissioners Lisa Bonich Steve Kaya and Danny Rodriguez do hereby proclaim today sorry February 18th we didn't want to do today February 18th 2026 as Jennifer Jimenez day. Congratulations.
>> Thank you so much. So, so if you could share with us how did you get how did you end up being nominated for the award? Just curious. >> So, the Grammy Music Educator Award is a nomination process. Anyone can nominate um a music educator. In this case, I was nominated by an alumni of our program.
Um and I found out later who that alumni was. Um there's a pretty rigorous uh fivestep process that you have to go through in multiple levels. So, you submit an application, then if they uh like your application, you go to quarterfinals. There was about 256 of us that made quarterfinals. Then you go
through a whole other process. There was videos and conducting and uh videos, education, lesson plans, you know, all sorts of things. Then 25 advanced to semi-finals and then there was more processes. Then 10 made finals and then from those 10 finalists, I was selected as the winner this year.
>> Congratulations. >> Colleagues, any questions or comments? introduce us to your children. >> So, uh, this is my son, Noah Jimenez. He's a freshman at South Miami School of the Arts with me and my daughter, Eden Jimenez, and she is in the music program at South Miami Middle School. >> Wow. Well, and congratulations for a
principal's honor role. Y'all must be so proud of your mom. >> I I know we're proud of you, and imagine Well, you know, you never know, but if they're musically inclined like you are, then they totally get the honor that you have. Congratulations. I think that's so awesome and I think it's especially
great that you brought your kids with you to celebrate. >> Thank you so much, >> colleagues. >> Commissioner Ka, yes, waving there. I apologize. >> It's so weird not to have you here yelling at me from the from the day. So, >> I I want to hear one story about the
Grammys. Any any star that you were starruck that you just like, "Wow, I can't believe I just saw met him or her." So I was very very fortunate um to have some wonderful folks working with me um at the Grammys, the Recording Academy, the Grammy Museum. I had some wonderful handlers uh that would walk me through
all the different events. So I actually attended uh five different events, one of which was televised, the ones you guys saw would be the Sunday night televised telecast. Um but the event started Thursday night with the person of the year, which was the Mariah Carey uh benefit and tribute concert. And there was a lot of performers at that event. And I was very very fortunate uh
to make some really good connections and get to meet some very lovely people including Mariah Carey, Billy Porter, Adam uh Lavine, um numerous celebrities. They were all very very very nice. U my students really wanted me to try to meet Bad Bunny, but unfortunately his security was very tight. Um but every uh
screen you could see me sitting right behind him because I was fortunate enough to sit in the front row. So we're very grateful. >> Awesome. >> Thank you. >> I I have two questions. One is a little silly, but what were you wearing? Because obviously you go to this event like who's the designer, right?
>> Yes. So, uh we we had to do the whole Instagram post like they have a really good social media team now. I do not know how to use Instagram. Well, um I had two dresses by McDougall and then a custom dress by Javani. So, we're very fortunate to work with some very nice boutiques in the area uh to get me fitted for those events.
>> And the last question, more seriously, I mean, you know, it's it's a tough time to be music educator in particular, right? Not a lot of resources to help you and your mission. So, what can we do to help you advance music education here as a city? >> So, I think um what we really are uh grateful for is we have an incredible support team. You see the principles
here at the middle school, the K8 and the the senior high all have incredible administrators. Um I know I speak for my colleagues in our feeder pattern that are just grateful. You know, we ask for a concert, we ask for, you know, field trips and all of our administrators have been just on board with that which is extremely beneficial. So, thank you both
to our Wildcat principal and Mr. Pence, our principal here. Um, I think the one thing that we really could benefit from across our feeder pattern, specifically at the high school, is we want to expand music education and in order to do that, we need more instruments. Instruments are expensive and I understand um there's always tight budgets everywhere.
We would love, you know, we always march the city of South Miami parade. We did the parade of the elves this year and I'm grateful to John and to some of those folks for helping with dry cleaning costs. Um, but we would love to be able to expand our offerings, have more kids in bands, but to do that we would need more equipment and instruments. So, >> and what's what does that cost? depends
what you want to talk about. >> No, I mean, >> so just to give you a frame of reference, um the smallest instrument you can purchase is a flute. That's about $1,000 up to a tuba, which we have students who can play tubas, um those run 8 to $10,000. >> And the thing is with our with our school, and I'm a firm believer that
bands the family, you get to choose, which was part of my Grammy platform. And with that being said, I believe that students shouldn't have to incur the cost of renting an instrument to participate. Our school has been very fortunate over the years to kind of get together a bunch of instruments, but we really would love to offer more things. So, you know, we would love for
partners, donors, um, you know, any any support we could receive in those areas. I know our school would be very grateful. Um, we make do with very, you know, good resources. I know our principal does a really great job with his budget and supporting us, but those capital costs are are high, you know, and understandably it's it's tough to
run music programs like that. Well, we'll we'll shake some trees and I'll I'll commit to raising $5,000 to support the program. >> I appreciate it. >> Which we were lucky enough to do that for your your sister program at uh the middle. So >> happy to support them as well. And and again, thank you so much for what you do. Again,
>> um you know, you you all are such an incredible asset to uh our community and um we're glad that you got this most deserved recognition and hopefully it was a lot of fun. >> It was incredible. So, thank you. I hope I hope we represented you well and I really appreciate the honor. Thank you. >> Quick picture. Thank you.
>> Of course. Thank you. Okay, madam clerk, if you could read item three, please. >> Yes. Certificate of recognition. George Ramos Barbella by city pizza. >> Thank you. I'm going to I'm going to recognize my colleague, Commissioner Bonich, to kind of help us with this particular item if you could. Yeah.
Thank you, >> Ramos. How are you? Good evening. >> Well, how are you guys? >> Good. Thank you, sir. >> Okay. We have a certificate of recognition for George Ramos in grateful recognition of your partnership and support of the city of South Miami. Your commitment to our community, including
generously hosting an event at BarbellA, reflects the spirit of collaboration, hospitality, and civic pride that enriches our community. You've exemplified what it means to be a valued community partner. Even more than that, I would think Alicia would say you're an
amazing husband. We've seen you be an amazing father. I can say wholeheartedly you are a very good friend >> and we are all lucky to have you. >> I'm very lucky to have you guys. >> Thank you, Mr. Ramos. You're recognized. >> So, one of the things I say about the
city more than anything is how amazing you guys are. Um, probably the hardest thing I had to do was notify you guys that we didn't sell the restaurant space. Um, there's nobody as far as a community that deserves for this neighborhood to be what it should be.
You guys, you guys work hard. You guys care. Um, and you have gone above and beyond. Um, from the second I walk into the city. Um, most of you become family. Um, and I'm really grateful for that. Um, I see Danny's going through a little bit withdrawal. Um,
I'll bring a piece of the moral for you, buddy. Um, but listen, I I I have more than plans to be back and be part of this neighborhood and this community. Um, you guys deserve it and so much more. So, thank you for what you guys have done for me um from day one. Um and
like I said, um I do consider all of you family. So, >> for those of us who don't know you, who may be in the audience or watching, can you tell us your business, where you're still operating? Again, we want to make sure we want to support you beyond South Miami. >> So, my name's uh George Ramos. Um I'm the chef owner of Bar Hospitality Group,
which is Vice City Pizza, Barbetta, uh Saba Rooftop, uh Bar and and hopefully some more come to this neighborhood. Um, I was in an infiltrate situation where um, not that the wrestler wasn't doing great and they but support us like crazy, but um, I got an offer to be
replaced by somebody and his offer I couldn't refuse and it was a situation where I couldn't say no cuz I had to take care of my family. >> Um, outside matters had nothing to do with the state of the restaurant. So, a sad decision. Um, and like I said, probably telling you guys was probably
harder than telling my my daughter who the restaurant was named after. So, um, that's how much you guys mean to me and how much I care about you guys. So, again, um, I am grateful for you and I'm ready for what the city is going to become with great leadership like you guys. >> Well, I just want to say we we wanted to
recognize you because uh, as as Lisa shared, you've been somebody whenever you've been asked to help with anything. You're the first person to say yes. Um, and we are really grateful for proprietors like you that just really want to be part of the fabric of the community. And >> and listen, yes, because I'm not here, I'll still be here.
>> We know that. sure I don't come in in eighth place in a in a pig roast. >> We know, but I wanted to say thank you on the record and Yeah, exactly. >> Thank Danny for that one. >> There you go. >> But thank you again. >> Thank you guys. >> Danny, did you want to say something? >> And if we're in this area and we still want to eat a rooftop, everybody, it's
awesome. I love it there. >> I mean, I I don't have to tell you. you already know how how how I feel about everything you've done and and you know what we did what you did you know on Thanksgiving and all the lechons that you did just to help bring people to to
the city you know very grateful for that obviously I'm very sad to see you go but I know and I'm going to put you on the spot here on the record >> is we're hoping for that other concept to hopefully come come in the near future. >> Yes sir 100%. Um, I actually ran into
him today, so we'll sit down next week and we'll talk. But look, it's I I I again, just to reiterate, um, you guys are amazing and I feel South Miami is my home. Um, and we do plan on being back sooner or later. So, um, and it's mostly because of you guys. So, know that. >> And anything we can do to help you, you
know, that we're here >> 100%. >> Commissioner G, you good? Well, I mean, George Georgie knows that, you know, we we appreciated the uh the love and and the relationship we had between the restaurant and the city and
just how great of a neighbor he was and how forthcoming he was and you asked him to do a pig roast here for our police and he was the first one to put his hands up. So, that's the type of neighbor, the type of person he is and the type of restaurant that he delivers. So, I you know, I wish you nothing but the best. I've always told you that and
>> looking forward you to coming back with the arms wide open. So >> thank you >> soon. >> Thank you. Okay, last but not least on the presentations. Madam clerk, if you can read item four, please. >> Certificate of recognition. Nikki Swerro, sponsor of the play forest on
the soft som me portion of the underline. >> Thank you. Uh to start, if I could ask Mr. Cli from the underline to come up and introduce our next uh uh individual we're recognizing this evening. >> Good evening. >> Good evening. Uh thank you, mayor,
members of the commission. I'm Ulus Kley, CEO of the underlying. And first, I want to say thank you uh to you, Mayor Fernandez, as well as the rest of the commission for continuously supporting the underline. Uh we're about five miles out of 10 miles complete. Uh we should be done with all 10 miles later in the
year. And if you recall back in June, we had a celebratory event and a groundbreaking for the Nikki Spolstra Play Force, which is about a 8,000 square foot natural play force uh that's behind city hall sandwiched between uh
the South Miami Library. Many of you had the pleasure of attending and and we had a great great time there at that specific event, but it really signifies what the honor line is about. The underline is a public private partnership and having great partners like Nikki Spolster to come in and
really help support uh the this great fantastic asset for the community is something that's very special. And so I would like to introduce uh the newest member to the underlying family, Nikki Sper, to come up and that's uh for her to accept this recognition.
>> Thank you, Nikki. >> And Nikki, before we we let you speak, I'm going to have recognize my colleague, Commissioner Gaya, who spawned to this item and let him say a few words as well. Commissioner, >> I just feel like every time we have something to do with the underline, I'm never there for it. I missed a whole bunch of things, but I promise you I
I've wanted to be there. Um, Miss Bolstra, I when I heard that you're you're sponsoring um this part of the underline and more specifically, which we feel is one of the more important parts of the underline for our kids in our community. Um, I just wanted to make sure that you're recognized with you and your
family uh for such a wonderful idea, gesture, and we just want to welcome here into into our community with arms wide open. So, thanks. Thank you for what you did for us. Thank you so much. Um I'm really grateful for the opportunity to be here.
I'm a third generation Miamiian. Um my dad is here. He was I was born and raised in Miami. My dad was born and raised in Miami. My grandfather was born here. And so I come from a family of public servants, teachers, public public school educators. I was a public school educator myself. My dad was a
firefighter. And so being a part of the community is really important to me and the legacy that I want my family to have on this great city that we get to reap so many benefits from and really just create a space for families to come together and play especially near the
public library. um bringing people together, getting people where they want to go, right? Under with the underline the train part big public transportation in Miami. It's not it's not a very glamorous thing public transportation, right? You know, you think about it is
it's not it's not sexy. It's not cool. Um but we're making it cool and we're making it beautiful and we're taking this space and we're we're creating meeting spaces. is I mean there's so many programs that we're going to be able to create for children and families
and the citizens of Miami. But more than that, it's I the fact that you know, Ulus touched on the fact that it's a public private park and I would like more citizens and residents of the communities that the underlying touches to understand that they can get involved
in all kinds of capacities, not just in monetary involvement, but they can be of service with their time and their talent as well. And it's just it's great to be a part of something so special. And Meg Daly is like, I want to be her when I
grow up, >> you know, and >> she's a force of nature. >> She really is. And it's it's great to be just have to be in her sphere of orbit. Um, and I'm grateful for the opportunity to impact Miami in this way with my children. >> M again, thank you. We have a a small
certificate of recognition for you, and I'll just read it very quickly. uh in grateful recognition of your generous sponsorship and unwavering commitment to the children and families of our community. Through your support, the this play forest on South Miami portion of the underlying will create a vibrant, imaginative, and inclusive space where children can explore, learn, and grow.
Your investment in this project strengthens our public spaces and enriches the lives of countless families for generations to come. So, thank you. and we hope that in the very near future we match your very generous gift with a state-of-the-art library that kids can enjoy both a new reading room and and this wonderful outdoor amenity that
you're providing. So, thank you again. >> Thank you so much and congratulations to the teachers that have been honored today. Um, thank you for everything that you do for students. >> Thank you. One more. One more. One more. One more. One more. Right. >> All right. Thank you guys. One, two,
three. See this is the definition of FOMO. Okay, colleagues, we have a few folks in the audience for some items and like to try to advance those, but we're going to quickly try to go through without objection minutes uh our reports public remarks and then I'd like to call items
um uh six and discussion item M5 and then move on to hopefully the Avalon a project. I know we do have one member of the public who wanted to speak on items three and four as well. So, colleagues, any objection to proceeding that fashion? Okay. So, with that, if madam
clerk um or colleagues, uh any comments regarding the the minutes of January 20th or February 3rd? Seeing no comments, is there a motion to adopt the minutes of again January 20th and February 3rd? Madam Clerk, one motion. >> I'll move it. I'll move the motion. >> Okay. One motion.
>> Second. >> A motion by Commissioner Rodriguez and a second by Vice Mayor Corey. Show those minutes adopted without objection. Uh Mr. Manager, if we can get your report, please sir. >> Mayor, as as the deputy walks up to provide a report, I just want to I know you had asked I want to give an interim
report related to the dog park. >> Please. Thank you, sir. >> Um just to provide some clarity there. Um as you know, the city has enjoyed a partnership with the Elks Lodge for for years um uh to provide a portion of their property. Uh it's about a 15 foot
width portion that complements our our dog park. That was a relationship that was um established through an agreement some years ago. Uh that agreement had expired, but it continued to operate at that site. uh Elks Lodge leadership uh
uh from an organizational standpoint has has concerns and had had concerns related to any liability as a result of any any activity that goes on in that park and and being a party to it and uh as part of the conversations as of late. They were very concerned with that and
um had um expressed a desire to to not continue the relationship from the standpoint of being exposed and and the liability of that. So, um I was out of town, but there was a meeting with staff and Elks lodge leadership. I did speak to the representative um um while I was
out of town. Uh the park was closed immediately as per their concerns of liability and any day that would be open uh to try and work something out was one more day that they were concerned. So, in abundance of caution, uh the park was closed. I've had conversations with them to see if there is a possibility that
that park would be open in in some way, shape or form that would um either protect um them from a liability standpoint and and or maybe we can transfer the asset that portion of the asset. It's not the entire park. It's about a 15t width of the park. Um so the
the abrupt nature of it was because of the conversation and they just felt that they could not allow uh more time with the park out there and and maybe incur a liability. So, for that reason, staff had had closed the park. Um, I will come back and and talk to him again a little
bit more and see if there's a possibility we can open the park um andor maybe reduce the size of the park. I know our interim director had uh gone out to check and see if that's something that was still operational um andor leave it closed and and look for an alternate. So, I just wanted to I know
you had asked mayor about it and I think it was important to provide some additional clarity out in the community uh because there was some confusion um as to that. We're going to revise our messaging out there so I think the community can can have a clearer picture of the facts behind it. Um that way I think it's important for them to know
that there has been a long relationship. The Elks has been a partner. Um and this is the issue that that arose that that that triggered this disclosure. >> Mr. Mayor, just a couple questions for myself and I'll ask my colleagues if any any as well. That >> have there been any incidents historically? I mean, this has been an agreement that was in place since 2014.
So, we haven't had any >> litigation or or claims around dog bites or anything else. Not to our knowledge. >> Okay. And ironically, I think this was born of the fact we're trying to actually erect signage to acknowledge their gift at their request for the local leadership. Is that actually
correct? >> But the discussion about was precipitated by the fact that we were actually trying to erect some signage acknowledging the fact that they we thought donated all the space or a portion of it for our use as a as a dog park. Is that correct? >> I I know that that there yes there was a
conversation. I think u that some time ago given that the the actual um lease had expired or the agreement had expired that triggered a conversation on their part um also while the conversation about proper recognition and madam city
attorney do we do we indemnify them under the prior agreement and do we provide them insurance or what's >> no there was no insurance required >> okay and so Mr. manager, something as simple as that, a way to remediate their concern or address their concern. What What has been concretely? Is there
anything we can do to kind of rectify that exposure and kind of put the Humpty Dumpty back together again? >> Yeah, they're concerned with with the nature of a claim that could occur at a a site like this and and and the openness from a from a standpoint of what the price tag of that could be. So,
that they were concerned that, you know, they may not be fully protected. Um, I did have a conversation about if there was a path from that standpoint and if there's not, uh, would there be an interest potentially in us acquiring that portion um, and and um, so that was
my last conversation with them and we're going to come back and have that conversation. We need to make an assessment. I think the parks director made an assessment already, but a little bit more in detail since I'm back in town as to is it really operational at that point? if we reduce it by 15, is it still, you know, something that that the
public can enjoy? Um, and you know, as a separate operational assessment, >> okay, >> colleagues, any questions to the manager on this item? Yes, sir. You're recognized. >> To the manager, um, the the grand majority of the park belongs to South Miami, correct? And they own a small Do we know what that the difference is?
>> So, so their portion is about 15t wide. I think that that that is not a a square or rectangle. Um, it's it's odd shaped. So I think in some points it's about 60 foot wide if I remember. Oh, really? Other points is a little bit smaller. So 15 of that. >> Okay. So So if we wanted to keep it as a
temporary park until we found a new one, it's not just as simple as just putting a fence down our line. And >> we commissioner, we could we we there's we got to move the fence and there's some elements that are in the way that also would have to be moved. And you know, at that point, we'd have to see, okay, if we're going to do that and
spend that kind of money, is it even worth it? Yeah. given that it's, you know, 15 feet less and and that's the assessment that that we're making. >> Okay. >> Other questions? >> It it's, you know, given that there's only one parking space and then handicap, it's really something that serves mostly those that are really
really nearby um just because there's really nowhere to park. Although they park in other people's property to to go there just because it's so limited. Um so, you know, that's something that we're considering as well. >> Further questions? Commissioner Kay, you good?
Yeah, I'm good. I mean, I understand the problem. We've gotten a lot of complaints around the neighborhood that it's closed and what a shame. So, you know, we have all the opportunities to get that up and going again. Um, it would be beneficial. By the way, this is the only dog park we have in the city. Is this correct?
>> Yes, correct. >> So, you know, you we've acquired a new park. We we have other allocations and you know, we should really start thinking about what what second option would be. Uh, Mr. Man, thank you for the update. If you can give us an update by no later
than the third, that would be appreciated. I know I've gotten, I think, 15 calls about this over the last few days. So, if we could update the messaging and to the public, we apologize. This got us as unaware as it has everyone else. And as a user of the park, I walk my dog down there. You
know, um, we all we all understand the the impact and the import of getting this back open if possible. Madam manager, you're recognized. >> Thank you, mayor. Last weekend, we had the first community cleanup of 2026, and it was our biggest one yet. So, I wanted to say thank you to our community affairs team, all the volunteers that
came out. We had 40 volunteers come out, and they picked up 186 pounds of trash. So, it was very successful. We look forward to continuing this quarterly and continuing to grow it. Um on the event side, um this weekend is the Somi Arts Fest. That's Saturday and Sunday on Sunset Drive. So, our team has also
worked very closely with the Rotary Club handd delivering um notices to businesses, making sure people get involved, making sure that they know about the closure. So, that's something that people are excited for as well. And I'll keep it short. The rest of the manager's report is in the agenda tonight. >> Thank you, Madam Manager. Colleagues,
any questions of uh our manager? >> No. Thank you for the report. Madam City Attorney, you're recognized for your report. >> Yes. Hi, good evening, everybody. Just an update on the purchase of the Manor Lane property. It was today. We're just finalizing the funding hopefully by tomorrow. So, as of tomorrow, the city
will be the proud owner of the Manor Lane property. I know that was uh directed by all of you and a big consideration. And that's that's all we have. >> Thank you for that. It's good news. Appreciate the hard work, everyone. Okay, with that, we'll close our reports and move on to public remarks. I do have
a list of um five speakers that are or six speakers that are registered. If you have not signed up, uh please see Jason, you're at the front or I'm sorry, you got the list back there. >> No, that's right. Oh, listed right here. You can sign up for public remarks here. Uh, first off, we've got Jenna Diaz regarding Lelum Elementary.
Good evening. Your name and address for the record, please. >> Good evening. My name is Jenna Diaz, and I have proudly been part of the South Miami community for the past 13 years, working with the children and families of Lelham Elementary School. Lulham is a
hidden gem right here in South Miami, right down the street. Our school has been a part of this community for over 70 years. However, currently families are being drawn to other schools outside of the area before exploring what our school truly has to offer. As parents
and community members, we all want the very best for our children. But here's the truth. We already have it. Lulham is a steam gold school. We have earned first place in the district for the Dream and Green Challenge two years in a row. We are consistently an A school,
not once by chance, but year after year. And in fact, our academic scores surpass many of the schools that families are choosing. And yes, those achievements matter. But tonight, I want to talk about something even more meaningful
than a letter grade. Our size. We are small, and that is our superpower. In a city as big and busy as Miami, small is powerful. Small means your child is not a number. Small means teachers know your
child's name, their strengths, their challenges, and their dreams. Small means when a student is absent, someone notices. When they succeed, it's celebrated. And when they struggle, the support is personal. This kind of attention is rare. It cannot be
replicated in larger schools where students can easily get lost in the crowd. But we offer so much more than this and strong test scores. We have a thriving school garden where students learn sustainability firsthand, a fully equipped science lab, a hydroponics
system that brings innovation into real world learning, a robotics program that prepares students for the future, an award-winning chess team that builds strategy and confidence, cheerleading that build builds spirit and teamwork, and a vibrant theater program where creativity shines. Our students are not
only achieving, they are discovering who they are. Lelham is more than a school. We are a community. We are neighbors investing in neighbors. And we are families growing together. When families leave their neighborhood school, they don't just move their children. They
move their energy, their involvement, and their resources, and the entire community feels it. I remember when children in our neighborhood all went to the same school. Trick-or-treating meant seeing classmates on every block. We'd all run into each other at Big Cheese or
Walls Ice Cream. Students, siblings, even alumni, parents, all connected through Ledlam Elementary, and it felt like home. Imagine what could happen if every family chose to stay. Imagine dropping off your kids at the school right down the street. Imagine the
strength of a fully united community school. Imagine the programs we could expand, the traditions we could build and the legacy we could recreate together. Strong communities are built by people who choose to invest where they live. When you support your
neighborhood school, you're not just supporting your own child. You're creating a connected environment for all children. So, we invite you to look closely at what our beautiful neighborhood school has to offer your children. Let's choose community. Let's choose connection. and let's choose to build something extraordinary right
here. We invite you to come home to Lelham Elementary. And next Wednesday, February 25th, at 9:00 a.m., we are having a school tour where we are inviting everyone in the community to come see what our school truly has to offer. >> Jenna, before you go, can I ask you,
thank you for the comments. Yes. Amen to that. So, we don't clap here. If you want to wave your support, we appreciate it. Are you involved formerly with the PTA or what prompted your >> I am in the PTA but I am the librarian and theater teacher and I run our social media and I I I wear many hats.
>> Well, thank you for your service there. We just to share we um we've been working now for the better part of a year uh both on raising dollars and also trying to strike an agreement with the school district >> to actually invest in improving the recreational plant of the school as a
way to create exactly the vision that you're talking about. So if we can connect offline, I'd love to kind of share that with you and maybe get connected with some more members of the PTA to give them a heads up on what we're trying to accomplish there as well. >> That would be amazing. >> Thank you. >> Thank you so much. >> Thank you for coming. Uh, next on the list, Jason Lopez. Mr.
Lopez, good evening. Greetings, Jason Lopez, 7730 Southwest 65th Place. Um, I can check something off my list because I came here tonight to ask about Manor Lane Park. So, I think that's really cool. Um, congratulations to you guys.
>> Thank you for your advocacy. >> Congratulations to us. Congratulations to everyone that's been a part of it. I think it's awesome. Um, along those lines, the dog park uh could go to Fuches. I'm just saying there's a big parking lot there. There's an open space. Um, but finally, I wanted to talk
about I know you got a presentation from Avalon coming up. Uh, and they they hire Jeff Shamansky to do a tree survey for them. I did a landscape plan and all that stuff is obviously accessible. Uh, Jeff Shamansky knows what he's talking about.
um hired the right guy. And in that plan, you'll notice that Jeff mentions that there's signs of branch dieback due to very restricted planter conditions. And he mentions critical root zones. Um plants that are being surveyed for prior
to demolition. I'm not suggesting that we do anything to try and save those plants. Those plants are obviously donors. But it does provide something to think about moving forward, investing in city trees. Um, it's all right here. You don't have to look elsewhere to get your
answers. Uh, what happened in this acre and a half has happened throughout the city. And as we drive through South Miami now, the concrete gets higher and higher. So, these trees become more and more important. And it's it's negligent
to assume that anyone's going to do the right thing by the trees. It's going to have to be something that comes from the city that is top down that we follow the rules, we do the right things for the trees. Um, I can tell you that we feel the development like it's I go down
sunset every day and you know now the buildings on the left and they're coming they're getting taller and taller and so I think you can use this report as an example as guidance as something to avoid when all these new buildings go up by all these very
large projects. Um, so it's a it's a minor investment in the long run for those properties and those projects, but the entire community of South Miami and beyond will feel
the success if they take the time to do it. So, thank you, >> Jason. Thank you. And Jason, just invite you to um send us your thoughts on discussion item six. It's not I don't want to sit before us tonight, but it's a new host of sustainability regulations that we're working on. Not the least of
which is trying to induce people to add more canopy to their own properties. >> Sure. >> Since we have a very limited rideway, and that's obviously part of that solution. >> I'd be very happy to be >> Thank you. Yes. >> Commissioner Rodriguez, you're recognized. >> Hi, Jason. Um I think also you can be a huge advocate for us. We have a tree
program that I was actually talking to the director of public works. um that we will give you the tree, we'll plant the tree on your easement. >> Sure. >> And nobody ever asks for it. >> Um I've pushed it on people and they they get to the point of the email and
then never hear from them again. So I mean we have a goodiz budget. We have a bunch of trees. Our public works will will plant them. >> Maybe you could be our sure >> citizen liaison to try to get more trees planted on our ements. >> I I'll take that job. We'll talk about
it. Awesome. Thank you. >> Remember, there's also the landscaping study. So, we're going we are in the process of trying to add more trees to our city. The landscape study will hopefully be done soon and then we can kind of start rolling that out.
>> Thank you. Uh Mr. Jacobs, you're next. Uh good evening everyone. I'm glad to be here and I uh I want to be I'm quite happy about something that I've read. I was uh on the planning board for six
years and one of the last things was approved was the first Avalon building and I was really disappointed in that because we didn't get anything Well, in my mind, we didn't get anything from them to to go up in the bonus floors. We
they we gave them we just said put in a bicycle locker. We didn't need to even design say what required, no requirements. And we gave them a floor for that. And you know, have a place for the public to go. Those are all standard
things. And we gave didn't get any money. But I see in this new one that we are getting some money. although they're not putting in neither one of them have put in uh public affordable housing and
they chose to pay instead. But what I'm wondering about is how do we put uh the value of residents on um concrete that's 16 stories in the sky.
Uh very valuable. We It's like creating a huge new blocks in our city, but they're straight up. And how did you arrive at the figure that
were uh charging for each bonus floor? Was it a negotiation or did they just I'll I'll take that really quickly just to give you the information. Mr. Manager, correct me if I'm wrong. I don't know if Mark is here as well. It was It was done as part of our study. Correct. It was informed by uh we did an
economic analysis correct to arrive at the bonus square footage. We did reduce it for the first two years Mr. Jacobs and then uh I believe at the end of this year it escalates by like 40% and goes to $50 a foot. So um that will become a substantial
uh source of revenue to to hopefully finance some affordable housing or other improvements as well. >> And is it uh per floor? How much is it per floor? I've saw $1.25 million, but I didn't know. >> Yeah, it's it's done on a it's done on a
per square footage basis depending on the floor plate of the bonus floor. And so if you look at the there's a there's a schedule maybe Mr. uh Mark, I'm sorry, I'm forgetting your last name now. I'm Alvarez. Thank you. I'm having a senior moment again. U Mr. Alvis can kind of walk you through how the calculation was done.
>> You'll also recall that we spent a lot of time having conversation about trying to keep the scale of Sunset Drive exactly the way it is. So, this is the first project that's buying historic TDRs from one of the adjacent historic uh historic scale properties on that corridor. So, they're also using that as a way to bonus up for the additional
floors. Okay. >> And is it going to continue that way that we'll get some money for the development? >> Hopefully, hopefully we'll induce people actually do improvements themselves on their property with a open space or whatnot. But yes, as a as a baseline, there will be a pay and Lou option.
>> Uhhuh. >> Okay. >> Yeah. Well, uh, of course I'd like to see value for the investment that we put into the city for them to expand and, uh, uh, I I I appreciate the little
progress that you've made. Thank you. >> Thank you for your comments, sir. Okay. Uh, next on the list, uh, Marcos, you're recognized. Good to see you again. >> Good evening, council. Uh Marcos Poente,
5900 Sunset Drive. We uh I'm here as I represent the owners of the Avalon 2 uh we're selling the land to Avalon 2 uh project, Robins Plaza LLC. So I'm speaking on behalf of them uh for the record since it's not included as part
of that project. I just want to note for the public and I sent also renderings of it to I believe it was Roberto and obviously I mean we own the land so I'm clearly support the project but anyways um Delhi Lane has been a part of this community for it's going to be 38 years
this year and as part of the deal with the developer we are keeping the historic building and we have an active building permit ongoing uh for the full renovation of that historic building on the corner fronting Sunset Drive
to relocate Delhi Lane over to this building and we hope to have them open hopefully for another 40 years um coming this September. So, I just want to note that they've been a huge part of the community and we've been working
together with Jan and Mike, the owners of Delhi Lane, uh, over, you know, tirelessly over the last 12 months, designing the interior of this, uh, getting everything right to create the new and improved Delhi Lane. And again, would love to see as part of the
upcoming presentation some of those renderings because I think it important to inform the public as to what's coming. So, thank you. >> Thank you for your comments. Uh, John Edward Smith, you're recognized. >> Good evening, Mr. Mayor, members of the commission. John Edward Smith, president
and business owner in South Miami. basically just here to uh talk a little bit about the launching Cobrers at South Miami Senior High School and Jennifer Emz. She and I go back several years with the Sumi art walk which was a
second Friday of the month for 10 years that Somi magazine and I produced that. We involved Francisco Williams uh for from the South Miami Middle School jazz band uh for a number of years and I continue to support their
program annually as well personally. Uh but um the munching cobras when I grew up in New York, I was a sergeant major in a drum corps and I know the importance of of discipline of of
participation in organizations such as that and the marshing cobras have been part of for example the parade of the yells for a number of years and then one year I noticed that u they didn't come out with their uniforms they came out with
t-shirts and and tassel hats and not the not their shakos and the plumes. I said, "What's going on?" And then I found out, well, the cost of dry cleaning the uniforms is about like $500. So, it was a couple of years ago that I
made a contribution and continue to make a contribution of $500 to the city uh so that the marching cobras can come with their uniforms. And this year there was another wrinkle given the budgets of the
school board and whatever. Now they didn't have money for buses. So I really appreciate the support of Nicole Bashik, our special events coordinator who really took this on not only working
with Mario's dry cleaners to get the best price on on the uniforms cleaning but also to arrange transportation. And my hope is that we go forward as a community and look to get more bands
participating in the parade of the elves. Uh I mean what's a parade without bands and you know if we can each contribute something to that is like something that's very special and thank you for that.
>> Thank you. Okay. Uh next on the list we've got uh Lee Swordland. Good evening, sir. >> And Lee, just so you know, you you're welcome to speak now or we will have a public hearing on the project if you want to hear their >> showed up. So, but I need to go.
>> Oh, no problem. You're welcome to speak. Go ahead, sir. Apologies. >> So, my name is Lee Werlin. Um, I'm here to talk about the Avalon, but before I talk this new one, before I talk about that, I want to say a couple things. First, I spent a 40-year career in asset administration managing multi-billion dollar portfolios of real estate. So I
know real estate. Secondly, I was involved intimately in many of the important traffic changes here. Like I'm the guy who suggested rerouting the traffic alongside the metro rail and the the old left turn off Sunset. I also did the other where we're going the other
way to give another way to get across the highway. I was responsible for the light at 80 at I'm sorry 74th where the food spot is so that people could finally make a left turn off those streets there. I spent a lot of time and energy on
making South Miami a better place. Um, I had a chance to live in France for a while and when I came back I could have lived anywhere but I came back to South Miami because it reminded me of the nice little French village that I lived in over there and now we're building things like these avalons. The character of
South Miami was a small, quaint hometown little place. And you built this first one, which I didn't even realize until I saw the the the skeleton go up what was going on. But now you want to make the front door of South Miami on US one another building that violates that
small town hometown feeling. I object to this and I hope you'll stop doing this in this bonus thing where they pay for extra floors. No, this is not what South Miami is. It's not what we many of us who've lived here most of our lives want
and I hope you will stop doing this. Thank you. >> Thank you for your comments. Uh next on the list, we've got three individuals who want to speak on the waste ordinance. I don't know if you want to speak now or we'll call it up. It'll be two items from now. You can speak uh contemporaneous with the item being
heard. I've got Ramona Ree Rick Catz and Juan Carlos. Alexander, you're welcome to speak now or if you wait two minutes, I'll let you speak when the item is called. >> Go ahead, sir. You're recognized. Good evening. >> Thank you. >> My name is Raone Ruiz. I'm a resident of the city and the Banas of South Miami,
currently residing at 6621 Southwest 71st Lane. I'm also a member of the board of directors of the banners of South Miami. I would like to take this opportunity to express my concerns regarding the proposed ordinance regarding the changes in threshold for
city provided waste collection services which directly affects our community. Please note that our community enjoyed continuous waste collecting services from receipt to CO to the current day. Our position is that we have an established vested right to the
continuation of these services to our community. Compliance with the proposed ordinance poses a significant hardship to our community. will require significant reconfiguration of our site plant, demolition and construction of few waste container enclosures for the
commercial grade bins as well as the potential loss of four parking spaces which are incredibly valuable in our community right now. The estimated costs to come into compliance, including hard costs, architecture, and permitting are
expected to be in the range of $200,000. You will be requiring our 43 unit owners to dip into their pockets for six to five to $6,000 in an assessment for infrastructure as well as increase their
association fees for monthly pickup. All of which would be on top of continuing to char to tax us for city colle waste collection services which the city would no longer provide. We have many older residents who would now be required to handle large commercial type bin
enclosures and lift heavy garbage bags over their heads in order to place them into the units posing another significant hardship. We have approximately 70 voters within our community. This proposed ordinance has gained our attention and not in a
positive way. We respectfully ask that you cons reconsider your approval of this ordinance. Thank you. >> Thank you for your comment, sir. Uh Mr. Cats, you're recognized. Good evening, >> Mr. Mayor. Mr. Mayor, I have a question real quick. >> Yes, sir. >> Um, can you can you please ask the resident to provide the documentation
over to the clerk so we can distribute it across uh us, please, so we can see that? >> I'm sorry. What documentation you referring to, Commissioner? I think it was just reading remarks on the >> He had some documentation there on specifically on the banyions on the cost of infrastructure changes to this new
legislation. I I believe he mentioned they've got costs for modifications to the design and modifications for enclosures to house I guess a commercial demolish >> if you want to come to the microphone sir we'll recognize you please come on up >> it's just got to be in the record I apologize >> I'm sorry we have met with our project
architects and it would require demolishing of our present structures uh widening them to accommodate two side by side bins uh to handle uh regular waste and recycle uh plus new approaches uh uh to the to the enclosures to allow
garbage trucks to back in and be able to pick up each individual uh uh bin. Uh the width of that would require us uh to eliminate two parking spaces on each of our present enclosures uh whichever side we decide to go on.
>> My my my question was can you provide the documentation from the architect to our clerk so we can see it? >> I I can provide that. We I would have to request it but we can provide that. Thank you so much. >> Again, I'd just like to invite you if you've not met with Mr. Munoz on the public works team so we can kind of have
a follow-up conversation, whatever the outcome is on the vote tonight and continue this discussion. The reason the ordinance was drafted with a one-year implementation on ramp is to kind of work through these real life issues because we knew we wouldn't be able to anticipate all the potential negative externalities associated with this
change. So again, uh would invite you to I know Mr. Manager, you can have Alex contact uh Mr. through so we can follow up with them and understand those modifications in more detail. >> Yeah, certainly mayor. I mean, we did have a initial virtual meeting where we presented some of these uh findings
early on. It's been a few months since we had that meeting. Uh but certainly would happy to meet as a followup. >> Yeah. And again, I would I would just as part of beyond just the physical changes, which are obviously not insignificant, >> if you could if you're already having conversations with private haulers about the cost of the service, let's get that
information real time. and let's have a follow conversation and we can then react and try to mitigate the impact as much as possible. >> We we have responded to a letter from city attorney Tony Russio uh requesting some additional information on the the legal uh uh justification for that
change. Uh we have yet to receive a response. Understand there hasn't been enough time. Uh but we would need to see that before we meet again with the city so we can consider our options. >> Okay. Hey, I don't I don't know that a conversation about what your costs and the impacts how it would affect your
options. We we understand you're not waving any rights. We just want to again the goal of the ordinance as it's drafted is to give us a chance to kind of >> figure pastor. So, >> thank you for coming this evening. Appreciate your comments. >> Uh again, Mr. Cats, you're recognized, sir.
>> I'm Rick Katz. I've been a resident of South Miami 48 years last month. I'm the longest uh >> duration resident at the Banyan and I was the first president when the developer turned it over to the owners.
Uh I know the history of the Banyan and I know the history of South Miami. Uh, I know that since 1977, basically the Banyan has been disrespected politically and practically
by the city of South Miami and this is taking it a step further. Uh, I think that there are legal, political, and practical reasons why this is a very
bad move by the city of South Miami. Legally, it's not going to stand because we've got a vested and established right to the services that we've been paying for since 1977.
And this initial ordinance which uh uh set a limit of I guess three units for multif family uh homes. I wasn't even aware of that until last month. I guess it went in effect in the '9s. It has
never been enforced against us. The uh the banyan has complied with all requirements ever since it was built. When the city transitioned the way it was picking up garbage, we transitioned along with the
city. I mentioned the practical part of it. We are paying the same rate for garbage collection that single family homeowners in South Miami are paying, but we cost the city of South Miami a whole lot
less. On a normal week for 43 units, we're putting out approximately eight bins for collection as opposed to 43 single family homes that are putting out 43 bins for
collection, but we're paying the same per unit owner as a single family home would in South Miami. And it's my understanding that you somehow got this notion that you're going to pass this, force us to go out and get private
garbage collection, but still pay the city of South Miami for services that we're not going to get anymore. That isn't going to fly legally. And it's not going to fly politically.
I I in 48 years I have never seen anything solidify the voters who live in the banyions against what the city is doing like this proposal is doing
and you are igniting a firestorm may seem oh 60 70 voters may seem like it's not a lot I think you understand what the turnout is in South Miami for most of the municipal elections. We will
turn out for this. we will turn out and we will also legally enforce every right we've got and I think that if the city attorney is advising you that you've got the right to take this away
from us the city attorney is giving you bad advice and runs contrary to wellestablished law in Florida for vested and established rights which we've got going back to 1977. Thank you for your comment, sir.
Uh, Juan Carlos Alexander, you're recognized. Good evening. >> Carlos Alexander, resident 6651 Southwest 7th Lane in the Banyan. I'm current vice president of the Homeowners Association. Um, I just want to re
reiterate what uh Mr. Katz was saying, uh, what Ramon was saying. It's really doesn't make a lot of sense in terms of the whole ordinance. I understand that garbage is a huge issue in our community about disposing it in different areas
and maybe deciding on a certain set amount of of a multifamily homes is a way to cut the costs. But in terms of our community, as Mr. Katz was saying, we only have 16 bins. We only use on
average eight per week. We aren't a huge, you know, burden on the city in terms of waste pickup. Our we use the same principles as a single family home. We put it on the side, you go down 62nd, it gets picked
up the same way as the residents of single family homes are right across the street. There's 15 of them, they have 15 out. We're 43, we have eight out. It makes no sense to make all these additional costs come out towards and affect our community in that way. And that's all I have to say. Thank you very
much. >> Thank you for your comments. Okay, let's we'll take it up during the item. Okay. Um, is there any member of the public who'd like to address this commission in public remarks? Anyone in the chamber? There's no one else registered
>> in Zoom, please raise your virtual hand. I have Lissa. >> Okay, so Miss Poso, you're recognized. Good evening. >> Good evening, everyone. I apologize for not being able to be in person. Um, but I am the treasurer of Miller 67. We are
the other community that is being affected by this ordinance. And um, I would like to um, really recognize the members of the Banyans for a great um, presentation. I wish I had one just as good. Um but we are 47 units and we also
use only 16 bins uh for garbage in our uh community and therefore also would not be a great burden on the city as much as you know if we used as many bins as we were as we are units. So it's a
it's definitely a consideration to bring up to everyone that you know the fact that we have been paying for um waste collection services in our taxes and then now have to pay a private hauler um and then we also um are at risk of
having to pay even greater taxes as a line item um moving forward. It just seems it's going to be a burden to all of our homeowners who are also some of us are income fixed. Some of us are new families. A lot of us are, you know, um
unable to really afford a greater cost than what it is right now. So, keeping that into consideration, if we're paying the same as a as a resident owner um that you guys collect trash for, you know, it just seems fair that we would
also um fall under that umbrella for the same reason that Mr. Katz said it better than anything I could say. So, I would really just like to second what he said, but uh as it applies to our community as well. We are small and we are on the
corner of Miller and 67th and we have uh homes all around us that have the advantages of the garbage collection services from the city of South Miami. We would just like the opportunity to pay the city directly instead of having to pay a third party uh for the same
services. Um that's all I have to say. Thank you so much for your time. >> Thank you for joining us. Thank you for your comments. Is there anyone else who'd like to address this commission in public remarks at this time? Again, in the chamber, you're welcome to come forward. Seeing no one in the chamber, madam clerk, is there anyone else online?
>> No one else. >> Okay, so we will close public remarks. Uh let's move on to the agenda very quickly. A couple items. Madam clerk, if you can read N1 followed by N2. >> Yes. N1. Lo Finan has been appointed by Mayor Fernandez to the planning board
for a two-year term ending February 17, 2028. And to planning board, Augustine J. Barrera has been recommended by Mayor Fernandez to be appointed to serve at large on the planning board for a two-year term ending February 17, 2028.
And we need a vote. >> Is there a motion on N2? >> Is there a second? >> Second. >> We have a motion by Commissioner Bonich and a second by Vice Mayor Corey. Uh, madam clerk, if you can call the role on two, please. >> Yes. Commissioner O'Ne, >> yes. >> Commissioner Rodriguez, >> yes. >> Commissioner Cay,
>> yes. >> Vice Mayor Corey, >> yes. >> Mayor Fernandez, >> yes. >> Boardman pass 5. >> Uh, colleagues, any any questions regarding CA1 consent agenda item one? Okay. Can I get a motion to adopt CA1? >> Let me read it.
>> I'm sorry. Go ahead, please. A resolution of the mayor city commission of the city of Miami approving the waiver of rental fees in amount of $1,125 for the use of an athletic field at Pman Park and indoor basketball gymnasium by South Miami Middle School.
>> Thank you. Is there a motion on the item? >> I'll move a motion. >> A motion by Rodriguez and a second by Commissioner Monich. Madam Cler, if you can call the role on CA1. >> Yes. Commissioner Rodriguez. >> Yes. >> Commissioner Monich. >> Yes. >> Commissioner Cayenne? >> Yes. >> Vice Mayor Cory? Yes. >> Mayor Fernandez. >> Yes. >> Item passes.
>> Thank you. If you can read item six, which is the art garbage ordinance, please. >> Item six, an ordinance of the mayor city commission of the city of South Florida amending chapter 11 garbage and trash of the code of ordinances, including modifying service parameters for municipal garbage collection services
and private franchise hall garbage services for multifamily residential properties. provided for a one-year transition period for a multif family residential properties affected by the modification to alter their garbage collection services.
>> Thank you, Madam Clerk. So, um, colleagues, I believe Commissioner Rodriguez had a question potentially for Okay, so we will recognize you shortly. Mr. Manager, is there anything you want to have put in the record by way of a summary of the item for our benefit? I I'm particularly again you could re
remind us of the options that we had very quickly. We looked at three uh the attending cost of those options and where the option that we selected puts us versus the option that would incorporate uh the two affected properties that have come forward this evening. Yes, sir. Is there anything
else you want to address? >> Uh and if you could just start with what brought this about too for context for the the audience. Correct. >> Thank you for that. I'll I'll handle the uh what what got this started and and I'll let the director uh Munoz who's got most of the data okay to support uh the
information you requested come up to to the podium. Um some time ago um as we were analyzing our solid waste operations and taking a look at some of the households and and who we were serving um it came to light that um there were properties being served that
um exceeded the number of units that the code provided for. anything more than three units u was beyond what the city was supposed to be u servicing and and so that um look into our operations and who our client were and and developing
that list is what um identified this we had to do a little bit of a deep dive on at that point on who exactly was being served. Typically, um, these type of services in in any municipality, um, are intended primarily, uh, from a
standpoint of a residential standpoint, not necessarily things that may be deemed more commercial in nature given the size of the property. Uh, and typically larger properties um are are deemed to be considered commercial in nature. So, you know, that's not unique to to South Miami. That's a pretty
pretty standard uh approach that municipalities and and that provide services in the county. So, that's how it got started. And there we started doing the analysis of who exactly we were serving. Uh what properties, how many units and and therefore we that's where we identified that there were some
properties that were being serviced that exceeded what the code uh required um and and have been in place for for quite some time. >> Sorry to interrupt. Is it true also that some some properties were being serviced for waste but not bulk trash pickup
>> as we did that analysis? Yeah, we we had a little bit of a of a mix mixed bag and just for purpose of clarity, obviously garbage is what we generate from our food products at home and then trash is what is generated from the vegetative, you know, cutting limbs and trees and so forth. So trash service with which is
you know the pile um and and garbage is what we collect. Um recycling is done through a county contract um and a private provider. Garbage and trash is handled internally by by the city. Uh so there was a little bit of a distinction as well too on on services to certain
locations. Um also from the standpoint that you know a homeowner needs to have you know their trash um in front of their home. Uh from the standpoint of properties that had multiple units. Uh there was an issue with a trash pit that was maybe outside in the public
rightway. Um and you know the issue with that is u you know we have in our in our fee schedule in our code there's certain things we're supposed to charge for that exceed a certain size. Um we can't tell don't know who drops that um in that particular pile when it's a multi-unit
property. Um and so you know that's that's one issue with that. The other issue certainly is a attractive nuisance from a from a um u people illegally dumping in these pits that are you know larger pits that are outside multiple units. though. Yes, mayor, we had a
combination of issues related to to garbage and trash. Um, as a as a result of that, we we did >> Mr. Man, beyond beyond the issues, I just want to highlight that we had a many of services and really no rhyme or reason why some properties were getting the full complement of services,
some were getting half and some were getting no services. >> Correct. >> Correct. And it was it was difficult to reconcile because we had to you know lean on some historical potentially. Um even in this case um when we met with the two properties that that are
represented here today virtually or in person um there was nothing that we could find that said here's the reason why you're servicing our community. Uh notwithstanding that that it didn't you know follow follow the code. So, um, yeah, that discrepancy in some in some
cases we couldn't fill the gap, but certainly didn't didn't follow what the code was requiring of the city. So, we've been at this for for quite some time and we understand that there's a difficult difficult situation as it relates to changing something that that um has been done a certain way. Um, and in that we did an analysis, operational
analysis on what it takes to service properties and and including increased number of units uh from the standpoint of uh crews and or vehicles. Um, and so I'll let I'll let our director um kind of chime in on some of what you asked, which is, you know, the differences in
operation operational costs, uh, the increased costs of adding crews or equipment to to service, you know, um, higher properties. But certainly the the conversation that this commission has had was to try and stay within what's supposed to be a residential service,
not a commercial uh, type nature of service, which is usually seen in larger multi-unit uh, properties. >> Thank you, Mr. Andrew. Just Mr. Minos, good evening. Thank you. Just to baseline, can you quickly just summarize how many properties we were serving
above what was the prior uh ordinance cap, which I think was three units? >> Yes. And you also asked a different question earlier about the uh >> options. Yeah, >> the options. >> We'll get to those. >> Okay. So servicing above the garbage was
um above the three was uh one, two, three, four, five, six, seven, eight, nine properties >> that were being serviced, receiving garbage above what the code that was just referenced by the manager of up to
three. So above that were nine properties. And if we stuck to that standard, how many how many I mean if we went to the 50 unit standard, which I think was the last option we considered. >> Yes. >> That would capture the Bions and Miller 67. How many properties would we be
bringing into the program? >> Uh I can tell you it would be in units about 450 additional units that would be serviced and about >> properties. >> 17 properties. One, two, >> 15 properties. Okay.
>> And to for a total of 450 plus units. >> So that's that's the spread. Okay. So if you can now walk us through the options. I'm just doing this for the benefit of folks who had did not participate in these prior conversations and maybe listening for the first time. So if you can walk us through the options that we discussed, >> I think it was probably three months ago
before the ordinance was brought and we gave staff direction to bring back the version that's before us today, we'd appreciate it. >> Correct. >> One question. >> You you may. Yes. um if we were to move to this ordinance which would be up to 20 right so we were
we were servicing at three we were servicing how many was it again I'm sorry nine >> at three there was nine properties receiving garbage service that uh were above the uh property >> if we move to the 20 how many of those
nine will now be >> so he's going to walk us through those scenarios >> uh of the nine the Seven would are being picked up. Of the nine going up to 20, seven are being picked up. The two that spoke today are the ones that are not >> that would be left out. >> Yes. Correct.
>> Right. And then as to the to the mayor's point, there was a there's another prop bunch of properties that come online. Yeah. As a result of going up to the higher 50 amount. Right. So the scenarios that we did discuss as far back as probably the summer and then we were again in front of you a few months
ago as you said, Mr. mayor uh were three scenarios and and I'll I'll share how we got to the decision points on those uh scenarios uh as far as you know the conversations that we had here. So we had a scenario that went up to nine properties uh one that went up to 20 properties and one that went up to 50
properties. Uh and we just kind of did that based on the the amount of properties at at different uh amounts. >> I'm sorry just units. I just want to clarify saying you were saying units properties with those units. Yes. Um the we we did the fiscal analysis uh based
on those in in the two scenarios of up to properties with up to nine units uh properties with up to 20 units. We were able to uh uh do the services, provide the service, absorb the services basically without significant fiscal
impact. We have some some fiscal impact but not significant fiscal impact. >> And again at 20 of the nine that are being serviced, seven are preserved within the program. Correct. Yes. Seven are going to be uh serviced that are will you know continue to be serviced.
Yes. So uh in those other two the two scenarios with not the up to 50 scenario in the two scenarios that were up to nine or up to 20 uh there was no added staff. There was some uh additional you know cans. Uh there was um we did the calculations to include the increase and
and loss of franchise fees in all scenarios. Those came in roughly uh nothing uh too significant, but it was about, you know, uh $29,000 for the up to 20 scenario. 10 I'm going to round $10,000 in the um up $12,000, sorry, in
the up to nine scenario. So, nothing too significant. As soon as you went up to 50, it picked up a lot of other properties. That's where I talk about the 450. So, there you have to end up adding a crew uh and staffing and a garbage truck. So, that was pretty significant. And in that scenario, it went up to $210,000
for the operation plus a onetime capital purchase of a truck, which is $400 to $450,000. So those were the different scenarios that we looked at and really the decision point was based on what could be absorbed with existing staff and the hours that they're out there in the field. Uh and we felt pretty comfortable
that in the up to 20 scenario we could absorb uh those services. >> Okay, colleagues, any questions about that background? Did you want to ask a question member of the audience? Mr. Mos, thank you. If you can hold tight, we'll make it back to you. >> I'll wait.
>> My my question is to the to the two board members of the B, >> Mr. Reese, Mr. Alexander. >> Yes. >> Okay. >> Is there any documentation, anything that you have from 1977 or from whenever it was any that shows an agreement with
the city that that stipulates why the pickup even started? and and and uh any >> we have we have a certificate of occupancy to the current then current code. We have the same documentation that every single family home has dating from that period
>> but but no no agreement with the city for the pickups. I don't believe the city has any standing agreement with any any single family home or unit uh uh uh or project in the city to provide uh uh those
services. You tax us on a regular basis and as part of those taxes you provide the services. Um I have no issues with you doing doing this for any project going forward from this date. I mean that makes sense. But to retroactively apply to somebody who's been receiving
continuous services since 1977 um doesn't make any sense at all. >> And I and I and I trust me I we've been at this now for months. I understand I I understand what what what this will all implicate and how you must feel. Um the
difference is with residents obviously there's no agreements with each individual residents but since you're more of a complex and an association that's why I was asking the question if at some point you had made an agreement with with the city to pick up being that our ordinance was only three. >> I I would ask you a question. Um, does
the city have any existing agreements with any other project that shows that they are committed to providing waste service? And you're asking us to provide something that we have never been required to provide that the city does not provide on to anybody else. That
document doesn't exist other than the certificate of occupancy proving that we met all the code requirements as of the date of that certificate of occupancy. >> Okay. Thank you. >> Thank you. Just you want to add something for the record? >> Yeah, just as a point of clarification.
So, no, the city does not have individual agreements with with individual property owners. What they have is a law that says that that and a the law the policy that that law implements which is the city's going to pick up for a certain class of
residential properties and not and the city what is what the city is proposing to do right now in sec on second reading is to adopt changes to that policy. >> Correct. >> So, there is no agreement but there doesn't have to be an agreement. It's what the it's it's abiding by the law. >> And Mr. Attorney, I know that there's been the again and first of all, I want
to apologize because we did not want to find ourselves in this position, nor do we want to adversely affect any of you. That's not our intention. We are trying to rectify what is a series of practices that the best that we can ascertain had no rhyme or reason why we were servicing one property versus another. And what
we've tried to do here is put ourselves in a posture where we're being as consistent as possible across the same category of residential units. So that's how we arrive at the decision. Hopefully the explanation that you got today, you saw that of the nine properties that were in the system, we preserving seven
under the policy that we are hoping or looking to adopt. So that's how we arrived here. I know it doesn't uh in any way um address your issue precisely, but hopefully you have a flavor that this was not arrived at in a willy-nilly fashion. Um, but again, we've we've had
some comments made about a vested right. And again, this is a service and any service we offer is constrained by what we deem we can afford and that's a legislative decision, a fiscal decision that that's always reserved with this board. Correct. >> Yeah. There's no vested right to a city service. >> Correct. I just wanted to clarify that
for the record. I mean, again, it's unfortunate that we may be reducing in the case of these two properties the service we're offering, but I again I want to be clear that there's no vested right. There's no legal right to the service because again it's subject to the budgetary limitations of the city and our our our
policy determinations with regard to how we allocate those resources. Correct. Correct. >> Okay. So with that by way of comment I don't know Madam City attorney did you want to add something to the record as well? >> Yeah. I just wanted to say there's no vested right to a city service like garbage collection for free without paying a user. Again, I don't I don't
again it's not I don't want to say it's free because again we're all we are all the >> we do not have a true enterprise fund. I think the other part of this conversation if we went to that model it would probably be all more expensive for all of us collectively and individually if we changed the model today versus
what we are actually working under. So again I think I think what I would like to say is one I'll recognize I'll shut up now. Let me recognize my colleague Commissioner Gay. Commissioner GA you're recognized sir. >> Thank you Mr. Mayor. Uh, I just had a quick question for the uh for our city attorneys. Um, I I've seen maybe some
clauses or grandfather clauses. Is that something that's possible here with the grandfather clause or anything that we can provide in our legislation that we can incorporate or grandfather these this scenario? >> So, the the law has to have a rational
basis. you've what's been espoused up to now is a um at least described by the manager and by the um by the public works director is constitutes the the the fiscal analysis the service analysis
needed to support where the line was drawn. Um your specific question can a grandfather clause uh be implemented? There has to be a rational basis for that grandfather clause. So it be it would be subject to that analysis. I I I don't have that
answer this at this moment. >> So, Commission, let me call Mr. Munoz back up for a second. >> Yes. Yes. Other other than these two properties, are there any others that are being left out of the system? They're not participating
>> currently in >> and we are we are at and they're at 47 and how many units? 47 and 49. 43 and 48. So at 43 and Miller 67 at 48. >> So there's other properties that don't
receive service that are similar to that. So there's another property that is 48 and it does not receive service. >> Okay. >> There's another one at 42. There's one at 33. There's those are the 12. I said 15, it's 12 that uh >> 12 additional ones that we would have to
if we wanted to be consistent, >> we would have to bring them in as well. >> Right. If you wanted to be consistent with uh something that's above 20 and less than 50, it would be an additional 12 properties. That's the 450 plus units. >> Okay, >> colleagues for the questions. Yes, may
be recognized. >> If if what Commissioner Kay mentioned comes to pass, what's to stop then? Somebody else from one of those other 12 units. So let me let me let me bring up your question if I may respectfully >> and that is I I think what commissioner
Kai was maybe trying to ask is >> if we adopt this today commission Kai would you want to give the city attorney direction to see if there is a legal basis for us to distinguish our treatment of these two properties versus the other 12 that would be similarly
situated but may have not received prior service. So >> yeah that was my intent. I mean, we've always had that discussion from the get- go. These were the only two properties that were going to be affected by that. >> We asked that question and we made the hardline decision that unfortunately if we couldn't do this legally, that those
would be the two properties that unfortunately would have to be on the cutoff. If we do have the opportunity to have some type of implementation or grandfather, for lack of a better word, that we can implement code, these would be the only two properties that would >> okay
>> uh submit to this particular clause. So colleagues, if there's no objection, what I would suggest is you want to you want me to recognize it? Please go ahead. And and if that were to happen, then we would need to note how many cans they currently have and ensure that if
that does happen, they cannot go above the 20 because then I think it throws the whole thing off again because the whole premise of this, if I'm understanding it correctly, aside from the whole we're 40some, we have 12 cans,
we have eight cans, whatever it is, is that they have significant ificantly less than what anybody else would have. So if if that's part of the argument then I think that that should be if some other agreement is reached that there is
a limit then on that as well so that it falls within whatever number it is that you guys agree to. >> Okay. You have a comment you want to add to that? >> Um Mr. Director. So, and and I'm just um following up on that. >> By the way, let's let's keep it to
questions for now because we do have a public hearing on this item >> so we can open up the floor again and then we'll we'll close with some comments for for >> So, there's a question to of the other units that you said aside from from these two. Are they So, these two units
operate off 16 cans each. the other units, how do they their trash pickup is is based off cans as well for and do each unit have a can how many cans do they have? >> Uh it's a combination of the dumpsters and cans. >> Dumpsters and >> yeah, I don't have that information at
hand. >> Okay. So, >> I'm sorry. Just just to be clear from with respect to the other 12 or the two that you're >> No, the other 12. Well, they have 16 cans. So, okay. They they they they represent more like they said like 16 household or 16 residential residences
if the and the other units represent both trash can tra dumpsters and trash bins is what you said right >> yeah like I said I don't have the information here but >> okay >> hard to answer that one >> okay so any further questions Mr. I just
said a little bit clarify a little bit on the issue of the cans. I mean that there's no current formula for a property that may be in the 40 plus units and why those cans. I mean that's pretty random. It just happens to work and that's what it is. U so we don't really provide service from that
standpoint. Normally it's based on a on a unit. Um because the other properties that are not included um what would be the if they were included what is the number of cans? Each property owner may want their own can. So, I I'm going to I'm I appreciate the comment. I actually want to address it for further
questions. Let's stop there. If not, let's open up the public hearing. If there's any member of the public who would like to address this commission on item six, you're invited to come forward at this time. Um, Mr. Katz, you want to come back and add something for the record, please? >> Yes, please. I didn't bring this up
earlier because I really hadn't uh I haven't been part of this whole analysis of what would happen to the benions and having to rebuild the bin areas to accommodate uh a different trash pickup. I don't and I don't know what the
parking requirements have been uh since 1977 when I bought before the banyan was constructed. I became very friendly with the developer and the architect uh who designed the banyan. I'm real
familiar with what they went through uh to get approval. And I know that when the banyan was built and started in 77. Uh we my wife and I took occupancy in January of of
78. Um, they designed the Banyan so that they just barely met the minimum parking requirements that they could have for these 43 units and that included the number of visitors
spaces, the number of owner spaces. We they eaked out the bare minimum number of spaces and I'm hearing and again I haven't been part of this analysis. >> C I can ask you a question related to your comments. Are you concerned that if
you're required to make the modification that we're going to render the property non-conforming as to parking? >> That's exactly where I'm headed. >> Okay. I but I don't know if the parking requirements have changed since 77, >> but if we had to if we had to remove one
parking space, we would not meet the standards that were set back when >> So again, I just want to say this to you and to the other members of I understand you're frustrated with us about this, but I do want you also to appreciate that the reason we have a year effective date of a year from now is that we could
hear this feedback and think through some of these issues that we could not anticipate as we were trying to formulate a policy that was irrational and consistent with our practice. So, we we will we will we will have more we can have more conversation about this issue and the service issue. Anything else you want us to think about with respect to
this possible change? >> You're asking us you're saying that after the cows are out of the barn, you'll think about a way to put them back. >> Sir, the cows have been out of the barn for 30 years. We're just trying to figure out a way to draw a new >> commission and a city administration
that never reached out to the banyan and I don't know about the Miller 57 property never reached out to us to figure out what the problems were going to be by making this law. And the other thing I in case you don't realize it the limitation of three which apparently has
been exceeded happened some 20 years after we were built. We wouldn't have gotten that CO in 77 if there wasn't a provision for trash pickup. >> Thank you for your comments again. Appreciate it. Okay. Anyone else would
like to address this commission in public remarks? I see Miss Poso's hand raised online. We'll recognize Miss Poso. >> Thank you so much. I would just like to um state for the record that Miller 67 uh likewise has had a certificate of
occupancy issued in 1975. So just two years prior to the Banyans. So I feel like we are in the same uh situation as them and um we share their frustrations. So we are you know I would just like to reiterate that we would like to continue
paying the city for the um you know the services that we are receiving for the uh garbage collection and um not pay a third party a private hauler instead. Um that would just you know as as um the
other commissioner I apologize I didn't recall your name mentioned that we do have less cans than we are units. So we are fine with keeping that number as it is. It's worked for us and um we uh think that that would be fair if you
guys could make it work for us and you can make it work for the banyan. we I think make a very good argument for the grandfathered clause. Um if at all uh if it's at all possible, I think that that would be uh the way to bring it home. Thank you so much.
>> Thank you, Mr. Poso, for your comments. Any further comments and public remark one last time, anyone in the chamber who'd like to address the commission, please come forward now. Seeing no one uh in the chamber and no one else with their hand raised online, we'll close public remark. Sorry, the public
hearing. Mr. Manager, you want to >> just just for clarification, I just I know the gentleman mentioned that we had not reached out to the Bayians or Militious. We we did meet with them probably all the way back in September. Not not argumentative. I'm just trying to share that there was a virtual meeting. I remember you know that you you attended virtually. So, just want to
correct that that there was a meeting back probably in September. Um and then some communication that that uh followed that. >> Thank you sir. >> At that Zoom meeting uh the ordinance was presented to us as a as a done deal.
Uh there was no notice to us that there was a second vote required and we were we were asked to to give our opinion about what it would take to comply with the with the ordinance. We requested uh some additional information u at that
meeting including uh uh a legal opinion from the attorneys and the basis of the uh of the orders uh which we did not receive until the second request that took about six weeks to get uh when the city staff wanted to set up a second
meeting. Uh we then uh uh proceeded to analyze what we had uh and consult with our attorneys. did not receive uh any further communication to receive the letter from uh uh Mr. Russio uh saying that there was going to be a vote uh uh
today. >> Thank you for your comments. Okay, >> colleagues uh thoughts anyone would like to share? Madame Commissioner, we'll start with you if you want to add anything. >> No, my I I stand with the comments that I said before.
>> Mr. Vice Mayor, I think I just wanted to echo the sentiment of the mayor. Obviously, this is something that was brought to our attention, an ordinance that previously existed. We had to bring everything uh to a basically right-size everything
from all of this peace meal services that were required. It's not something anybody up here individually sought. It's just one of those challenging decisions that we had to make and you saw the rationale behind uh the decisions that were made on the first
vote. So, I just wanted to state that for the record. Commission Rodriguez. >> Sir, sir, we've closed a public hearing at this point, but thank you for your comments. I think we're good. >> Thank you. >> I I I think from the beginning, I I
always stated that this is a rough situation to be in if if if you put yourselves in in the resident's uh position being that since 1977, they've been getting it. We don't know how. That's why I asked if there's any documentation or anything is to see if you had that, then there you go. So
there's your your golden ticket. Um I don't know is it are do we keep an open mind to possibly grandfathering these two uh properties? >> So let me let me lay out a couple options and Commissioner Kai I want to hear from you as well. So I think I I
think we should move to adopt the policy that gets closer to what we have been doing uh in violation of our ordinance. Right. So we it conforms our practice to uh what the rules should be. Number one, >> I would however again we have a year
>> before they are directly impacted by this. I understand they've got to if in fact we decided to do nothing. We got to give them enough time to permanent modification or whatnot. You know, again, if it's as ownorous as it appears to be from what they've represented, and I have no reason to doubt that they're saying is accurate. I do want to make
sure that we give uh the affected properties enough time to react to the change. Um what I would suggest is the following. I think one, we should give direction to the city attorney to analyze whether there's a basis for grandfathering these two properties and come back with that analysis for future
discussion. Okay. Secondly, I would ask that Mr. Munoz uh just study to confirm exactly how many bins we are picking up at these locations currently with the level services that we're offering. And I would suggest that maybe if we are going to grandfather, we grandfather that
level of service, right? So that we kind of formulize that since that is a as it's being represented a a different impact than what we may be assuming when we're developing the ordinance. And lastly, I think at the same time I would ask u to think about because whether or
not for units up to 50 just to say whether we want to offer as a correlary a paid service. Uh so for example, if they're unable to procure cost-effective services from franchise haulers that are licensed in the cities, it just becomes very financially punitive. We can step
in and on a cost basis basically offer the service to the to not only these properties but properties up to 50 units. That would be my suggested direction in terms of further analysis. I I think we would want to have that analysis wrapped up by where February or
April May of this year so that we go into our budget workshop. If we do need to make a budget or prepare a budget modification, we have the basis for that information going into those discussions in June. >> Colleagues, any thoughts on on that suggestion? Commissioner Cay, and I'll come back to you, Commissioner
Rodriguez. >> Thank you, Mayor. Um, I agree with everything you just said. Probably not the last part of it. I don't think that we'll be able to go ahead and do that based on a cost basis. It just doesn't fit with our model. Um I went a little further over the last couple of months just to figure out um and and
specifically I I wasn't aware um that there would be an architectural architectural change for you know front loading garbage trucks going into into the into the banyions. Um, I also had and responded and looked into Miller and
67th to understand what a trash pickup would be where with a private hauler. Um, and I what we did is we averaged something around 20 containers and obviously we can go back and forth and understand how many containers they did, but we did an average of 20 containers and we estimated that it would be roughly
between 7 to $800 a month um for each particular bany. and um and um Miller and 67. So that would be the cost structure that they would need to go privately. So you divide the 7 or 800 divided by the amount of units and that
would be your monthly charge for these individuals. Um where is it per pickup? I need to I forgot what it was if it was per month or it was per pickup. Um but those are the things that we we try to calculate so we can understand it. But I I going back to your point of going the
first two points I I I really truly think that's the best way of going about that. >> Commissioner Rodriguez, you're recognized. So, just bringing up would there would it be an option to possibly defer this until they can present us the
information and and that way we can then put the the vote in with the information provided by these two complexes. >> I I mean I frankly I I frankly always anticipated that people would not be
happy about the change we're making. I mean, we talked about it. I think if you watch the record, we debated this for quite a bit of time. Um, I think, you know, we need to wrap up. Again, I feel strongly that the reason we're here is people never memorialize the policy and our tendency is if we
don't act, we defer and we defer and we defer and we defer. I'd rather create some urgency for us to act and respond to their specific situation by adopting it. But that doesn't mean again we we we've written in a one-year on-ramp or
off-ramp so that we could you know solve for these kinds of situations. So I I my preference is just to pre is to continue to adopt it. Again it's not intended with any disrespect for these two affected properties. We can certainly direct the city attorney to try to come back and do a legal analysis on whether
we can grandfather them and be on safe legal footing for doing that and also study, you know, currently what the cost impact is of service to these particular units if we were to bring them into the service portfolio. You know, again, I I'm happy to also have staff look at,
you know, costbased model for units up to 50 because I think, you know, that kind of puts us in a better position of offering those other units an alternative to the market because from what I've heard from one of the buildings that was seven units and did not get service since its inception for
the last 10 years, contrast to our neighbors who are here, they were getting hit pretty hard from a fee perspective, from waste haulers for service to that to that building. So, I don't want to leave those residents necessarily out in the lurch either. That's the basis for my my suggested
approach, but I'm happy to go with the will of the majority. >> Yes, ma'am. If what you are saying would come to pass, which go crazy and say we're going to service 50,
then they would find themselves in this essentially the same position that they're in now where they would have to pay extra to have that garbage picked up. Correct. I'm just trying to make sure I understand. >> Maybe not. I don't think it's necessar that could be one alternative, right? If there's no basis for grandfathering them. >> Okay.
>> If there's a basis for grandfathering them, I have no problem grandfathering them. I think what we were trying to do from the beginning was be consistent and treat people the same, right? Because >> it's hard for us to say, you know, they've been getting service for since 1977, but there's a seven-unit building just down the street from here
>> that never got service and, you know, should have never gotten service, right? So that those are the inequities that we are trying to resolve and why we try to come up with, you know, a financial analysis and a basis for drawing a distinction. if there's a if there's a basis for it. Again, I have no objection
to grandfathering. The last thing I want to do is uh you know create a punitive situation for any resident around trash service and we all know the challenges we have >> around trash going forward. So, >> absolutely. >> Further questions? >> Not for me. >> So, again, just to explain myself, I the
reason I bring up the the deferment is because some of those seven eight unit complexes are currently under contract. So, they can't just get out. So, those contracts have to expire. So, we pass it today, they it's not like tomorrow they're going to get picked up. They
they have contracts that they're under. >> Yeah. But they can also give notice and I think that for them is a significant a significant thing. They know that they have the ability to come into our portfolio and they do have notice requirements. So the sooner that we adopt a policy that they know they can conform to, the sooner they can get
under a very punitive cost structure. That's my that's also my reason for wanting to move this forward. We've been talking about this guys for a year. I mean, I know that this may be new to some of the folks in the audience, but we've been having conversation about this for some time. We've tried to move in a very deliberate and thoughtful way
so as to limit the impact, but I mean, we do have people that have real world needs today. Again, our neighbors who are sitting here in front of us, I understand the future impacts, but they're not being impacted currently, which again, so you understand why I want to go forward. It's not intended with any disrespect to all of you and
the potential impacts. It's really a response to other residents who find themselves under very punitive contracts because their buildings are tiny and waste haulers frankly can charge them whatever they need to uh or they think is rational and the market is very
limited in terms of options. >> Um I I obviously they have a year so for a year they're they get >> there's no harm. >> There's no harm. So I I'm I'm okay with going and voting yes, but how do we establish so we actually force ourselves to come back?
>> Yeah. So I would >> to make uh to make a final decision on these two properties. >> So there is there's anything else you would like the administration to study. I'd say we give them direction with the expectation that there is an item calendar on an agenda. I would say maybe the first or second meeting of May. Mr.
Manager, you can tell me Mr. Mos how much time you think you need. I certainly want to see this information come back to us before we start our budget process. So there are fiscal impacts associated with any decision we make here that we need to calibrate for. We're going into it before we you know
before we send we we make a trim a trim decision for in the July hearing time frame. That's the reason I suggested May just so we get it you know six to seven weeks before making budget decisions. >> I think I think your recommendations were were fine. I just I I would like to see like a calendar like where we
establish that by a certain point May whatever that that date we'll bring this back to review and then see if the option is for them to be grandfathered in if that's an option for the two properties. >> Yes sir. >> So you wanted to be date certain then be like this. >> Yeah. Yeah. So we don't keep just so so
they know also. So, why don't we if if there's a motion to adopt, I I I I'll move to adopt the ordinance on second reading as presented with the following direction. One, that's the attorney uh analyze whether we have a legal basis
for grandfathering both the Banions and Miller 67 and to provide this analysis. to uh with the ad to the administration to study the current service levels, what the current pickups are for both of those properties so we could grandfather them for the current LOS. And three, if
there's an interest, I would suggest whether we want to have Mr. Munoz come back with maybe a cost plus option. So if there is no grandfather opportunity or no basis for it, we can offer that as a service that helps them get helps give
affected residents an alternative to being subject to the vagaries of the marketplace. Okay, that's uh that would be the three direction that I would want to add in conjunction with a motion to approve and I would ask that that analysis be brought back to us for the
May 19th uh city commission meeting. Commissioner Cayenne, before we move the item. Yep. >> Uh, I agree with mo all three of your terms. I understand what you're doing with the third term now. So, I agree with that and I'll second that motion. >> Okay. So, I moved it. Second by Commissioner Cay. Any discussion before
we ask the clerk to call the role? Yes, Madam Commissioner. >> Um, so when you're talking about the 50 up to 50, are we going to give him direction of having it be those big things or are they going to be cans? I think we leave it to him to tell us how it is we can serve it effectively within our current
>> okay >> fleet uh inventory because we don't want to buy specialized fleet to service these properties >> and in the case of uh our our neighbors here >> the fleet that's required to service you know via a commercial waste hauler requires modifications to their properties that may create other issues
so thank you >> okay >> further questions commissioner kaya >> well I was just going to say I I I don't know if we would go to 50 I think we would keep it at 20 with the understanding of anybody that's in within the 20 that wants to be picked up which is only two can follow that model
that you're talking about which is a price per pickup. >> Yeah, I think I again I would ask >> I wouldn't go up to 50 mayor is what my point was because we can't afford that. >> Well again this idea would be that we wouldn't afford it. It would be I would say a cost plus model. So they would they would basically be reimbursing us
for our direct cost for providing the service commissioner. So there would be uh an additional fee for waste pickup for projects of that size and for them it's an alternative to basically procuring that service in the marketplace. Again I'm trying to create
a bull work against the fact that you know a waste hollerax might charge them three or four times what we might be able to do it provide the service for as as an alternative. That's my intent. >> And hold on one of time I'm going to go to Commissioner Rodriguez and then Vice
Mayor Corey. Sorry, I I I know this is dragging on. I I agree with Commissioner Kay. As of right now, 50 is just it's un it's not affordable for for our city. But the possibility that if the two properties are not allowed to be
grandfathered in, the possibility of then us providing a fee to do their pickup where they wouldn't have to do the all the the new construction or or the reconfiguration to pick up the trash. maintaining those two properties
where we we provide the service for them and then they just reimburse the city for the pickup. >> Correct. Again, my only reason for saying 50 is because if we're doing it for them, I would just want to make sure that the other 12 properties that are in a similar situation would have the same opportunity. So, that's that's the only
reason. Again, um that would be the motion with a direction. I moved it. There's a second by Commissioner Cay. further questions or further refinements to the direction. I'm happy to accept any suggestions or modifications >> for May 19th. >> For May 19th, that's correct. Okay.
Seeing none, Madam Clerk, if you can call the role on item six, please. >> Yes. Commissioner Rodriguez. >> Yes. >> Commissioner Bonish, >> yes. >> Commissioner Cay, >> yes. >> Vice Mayor Corey, >> yes. >> Mayor Fernandez,
>> yes. >> Item passes 5. Thank you. And we look forward to working through with you to get this resolved hopefully in the most satisfactory method possible. Okay, let's move on to items uh three and four, please. I'm sorry. Before we move on to that, let's take M5 very quickly because I know we have our friend from
VIA sitting here in the audience patiently. Mr. Manager, you're recognized on uh discussion item M5. Metro. >> Thank you, Mayor. Uh mayor uh commissioners, this this um is a followup to conversation that we had regarding this service and wanted to
bring back a discussion item uh there has been meeting uh with VIA with staff uh discussing the current situation since the county changed the model on the metric connect service and um um I know Juliana is here and had shared some
ideas with our staff uh of which some of those ideas would would and and she'll correct me if if I'm not, you know, still would need more vetting within VIA to to understand how they would deploy that. There are options that that we may not want to consider and there are other
ideas that may take us back to the model that sort of we used to have. Um, so we just want to share this as an update and allow her to share some of the ideas. Um and I think um you know we we have some homework to do after that after you give some input go back to consider what what
we're going to do as it relates to this service uh given the changes you know at the county level and how we intertwine uh that service you know with our with our dedicated vehicles. So if you may I would allow her to share some of the ideas and and again these are sort of
global in nature um with us still having to analyze them a little bit more as to you know possibility and our desire uh to pursue any of them. >> Good evening address for the record. Thank you. Good to see you again. >> Hi Juliana from VIA transportation.
So, uh, let me just, so as a recap on where we are, why we're here, basically, our existing service, Metro Connect for South Miami, piggybacks off of the Metro Connect County service, which has instituted a
fair policy as of February 1st, uh, with $3.75 per passenger ride and a discounted fair of$150. Um because these services overlap uh in
zones and on times of the day. Um this means in the current setup we are um charging the county policy. Um, at this moment, uh, we had committed to revisiting
options of what can be done to enable South Miami to, um, have control of the fair policy, as well as come up with some other solutions that could also, um, go back a little bit to the drawing
board and try to um, bring it back more of the concerns around the use case of servicing the downtown area. So what we're bringing here um is basically three different approaches. Um they vary
with regards to what they solve for and the level of complexity um that it takes. So starting from the first um approach, this basically is a the simplest approach, it remains under
the Metro Connect program. Um but it basically provides the ability to charge zero fair for the Somi zone. The way it does this is through um offering vouchers
that we would distribute to writers. Um the key part of this component is that it requires some building of awareness so that riders can know and that they have to book and they have to
use the vouchers. If they don't use a voucher to book this then they would have to pay the full fair. Um and it also requires some method of control distribution. What this means is you know either we can work uh with um the
city on what that would be. Would it be a set of emails that we have? Would it be some sort of validation city hall? Would it be some eligibility pre-registration of that sort? So opened but um there
should be some control method so that this doesn't just leak apart from using like single use vouchers. That's option one. It's the simplest uh very feasible to execute
um uh and maintains all the benefits of the metroconnect program today. Option two is a bit more sophisticated. Uh it's a way of working this through a subservice.
What this means is that under the existing metroconnect program we would um create a um a subservice it will look like what the image we have here on the right. So basically the
writer would select when they opens the app it basically select this is just an example from another service but when you when you show a subservice you select what service you're you're using. So, let's say there would be a logo here that says city of South Miami and with
the logo and you would click that option. What this means is you can still remain under the Metro Connect program app. Nobody has to download anything different. um the user experience is slightly modified that in which case this the
writer would select the program that they want to request from and then they would get a proposal. What the consideration we need to have here is obviously very quickly the writers might find out that if they
select the South Miami program and they're in that zone, they will get a zero dollar fair. Whereas if they select and they're in the same zone that the county services on Thursdays and Fridays, um they would have to charge, right?
They would be given a 375 fair, but it's doable. It's feasible. and um and you would still have control of your fair policy if you opt for that sub subservice
approach. We can also do an enhancement version of it which still rem allows you to be under the metroconnect service in terms of app and uh which is uh something that uh Mr. mayor had
mentioned a while back with regards to interest on this which is uh enabling a Uber or lift integration and we can complement that with um vehicles that are um wheelchair
accessible. The way that this would look is that when you establish a subservice, you have control not only of the fair policy, but you have control of the zones, the service hours, of many
different rules, which we don't have today because we're all in the same service. Um what would happen is that um in the case that we do set up an Uber or Lyft integration when the rider asks for they
select a Somi service and they request a ride what would happen is that we would broker that ride to an Uber or a lift unless the rider actively says I am a wheelchair um I require a wheelchair in
which case that would then come to a wheelchair accessible vehicle that Uber and Lift don't have. So it comes to a VIA um vehicle. Just very mindful that there is no there would not be branded vehicles Uber andyft. This is a difference versus the
program we have today. There is clearly signal on Metro Connect and on city of South Miami. There is a risk here um which is the accelerated burnd rate of the budget because all proposals would be
receive a Uber and lift um uh proposal. So all requests would be met with a proposal. So um the key point here is that we'd have to establish some limits so as to manage that burn rate of the budget if
we want to stay within the existing budget that you have allocated right for there are many ways of doing this. We can set up a a cap of rides number of rides per person per weekend or per
given month. So we could discuss that. we could decide to say, you know, we're going to make sure we're focusing on the downtown case. So maybe only we're just providing fair free to the to the rides coming in and out of the downtown. We're
offering some charge equal to the county policy on other rides. So this is there's a lot of flexibility when it's set up as a subservice. um we can discuss we're just I'm just flagging here that there is a consideration around the burn rate of
the budget. So because the difference between Uber andyft is that you would it's unlimited supply and we actually have a limited budget. So we need to manage that uh that piece
which is something that we would be working alongside with to make sure that we make whatever adjustments need to be made. We're capping at the right number of fairs per number of rides per person or we're adjusting the rights um the service accordingly.
The third option is an option that is um more more significantly different than what we have today. It's thinking of a let's go back to the drawing board and not only think of the service that we have under the Metro Connect program, but
let's design a service that's exclusive for South Miami. Um, this would be a full split from Metro Connect. So, this would mean a new app, new branding. Um uh you could not only do on demand
vehicles, you could complement it with let's say a downtown circulator if that were the case or a fixed route proposal, a shuttle, it could be you'd have control not only of the fair policy of um all the service parameters.
And if you were to still decide to do Uber and Lift brokering in that case, you could define specific rules for brokering to Uber and Lift, which you cannot do in a subservice. So in a subservice, you either say all
rides go to Uber andyft or you have to count follow the county parameters for Uber service, which are not what you want here. They're over 25 minutes wait time. top. Um
so um the new service the difference the new services is obviously a more extreme option requires almost like a relaunch let's call it of the service a new design um and depending on what we establish
may have budget implications. So this is um I think um this is obviously for for our assessment of of you guys. We're going to continue to work here with um uh the team from the city. Um but we I think at
this point would be great to have some guidance on a preference of model so we can continue to drill down um on how we approach this. I don't know. colleagues, is that the presentation?
>> Yes, that's what we had brought. Yes. >> Yes, Mr. Vice Mayor. >> Thank you very much. I appreciate the creative options. I just had a question on the new service design. So, the departure from Metro Connect. >> I was curious what maybe some of the
benefits of working with you guys on that would be. Would it be speed to launch because you're already here? Would it be some kind of use of a transition plan so writership could still occur in the meantime? Like what what should we see as a benefit of kind of going an entirely different service
route? I think uh we are here obviously we already have the service live um and I think we have um information and data that could we could leverage on to kind of bring the proposal and but I think
the key thing is VIA has a wide range of ways to tackle this. I think you're not going to find a player that has one the operational um
breath um that we have and that can tackle this from as many angles as we can. Say if you want to complement with fix route, if you want to complement, if you want to complement on demand, if you want to do brokering, I think we're definitely going to be the more
complete in terms of offering something that can work. uh in terms of ability to play with uh solutions that target only the downtown area don't don't and with control of data. I definitely think that we're very
differentiated in what our software can do. Um and obviously we we're here and so that's I think that's the advantage. >> Thank you very much. >> Commissioner Rodriguez, you recognized. So I'll ask two questions then you can
answer. So the first question would be is would this be a new platform that would have to be created um to implement the and I'm talking about the new uh part >> yeah part three >> and have being that you've presented it do you have a rough cost of what it
would be to implement that? Um it's not a new platform in the sense that it it's it would be for us a new city a new city ID under our existing platform but it would not be tackled under metroconnect.
So metro you would the benefit of this you completely disassociate from anything that the future county may do with the program. So there's no no dependence whatsoever and any county decisions or budgeting or anything that
they do two years ahead. We know for the next two years there's a program, right? Um we all went through a bit of stress last year and uncertainty on this but that's the big benefit. It does not require a new um platform from VIA. It's
the same existing platform. This is how we tackle if it were a new service. I think when we discussed bringing it under metric connect because there was a benefit of there's obviously a lot of costsaving the fact that we are already here and that you were leveraging some
of the vehicles that looked um and felt the same. There's no app, there's no branding, there's So that obviously brought down costs from what I would say if we were doing just a typical launch with no gains associated. We tend to be
a bit more expensive on a as a single standalone platform. I think we're obviously under consideration here that there is an issue to solve. Um but I think it will depend on what we agree.
um the the the the boundaries of the new service are. So in terms of we might have recommendations to to justify this okay let's put these other many hours let's um adjust the service a certain way for example so we can if that's a
path you would like to us to explore we I think the next step would for us to bring in recommendations along that line and see what budget that would be >> and sorry just a quick followup and it would be the two uh or three Teslas that are you're currently using to service
South Miami or would there be >> no it could be it could be whatever you guys work to design. For example, let's what the way the way the way our contract works and our services work is basically on vehicle hours. So, we do an
estimate of how many vehicle hours you're going to need to service the uh given demand. Um and depending on how it's structured on like oh you want to be from all these days of the week all these hours right
or you want to concentrate and with that it's how we manage how many vehicles we should have because you basically allocate those hours through the number of vehicles the vehicles is an option if if we think Teslas are the right things they're here we have them we can work on
a transition um if you think we need to design an circulator or something else. That could be the case. Obviously, if we're doing the brokering to Uber or Lyft, this is not we don't have as much control on whatever vehicles are
happening. >> Thank you, >> Madam Commissioner. And Commissioner Kai, do you want to do you have a question on this item? >> You're going Commissioner Bonish first. >> Yeah, just looking for a thumbs up from you. Yes. >> I I just think that We've had I this is
not the right word so I apologize an obnoxious amount of conversation about this and I don't think we've managed I'm sorry but I don't think we've managed to move the needle a quarter of an inch what we have we either decide we want to let the people pay the fee we don't want
to let them pay the fee if we don't want them to pay the fee then we cut it off because >> well I think we're just just no I and I share trust me I share your frustration more than anyone on the board. So, I think what we've heard is that there's no way for us not to charge the fee
because we were calling our workshop. We've had our contract we've had our contract modified by the county. >> That's why I'm saying >> and we're not improving with them. So, >> but that's why I say either we say, "Hey, we're going to live with it the way it is or we we cut bait because >> so I I think I think you know
>> I appreciate your comment. Let me recognize Mr. Kai and then I'll I'll add my two cents. Sir, >> you know off your head. >> I'm of the same mindset as as Commissioner Bonish and you, Mayor. I think that we've gone around.
I'm I'm a little bit drained as well. You know, if we just keep it and let it go and see how it does and have people charge, people are going to get mad at us. We're going to get phone calls and we have to live through it for another year until we can fix it, you know, whenever the contract's up. Or, you know, the other option like, you know,
it's do we cancel the contract and figure out what to do? you know, I you know, I I I don't find a really good solution from the from the from the different options that were provided, you know, um if if we set up a you know, go back to our own
Somi uh very marketable uh app where we can do our own stuff, you know, we still got to cut into the budget and and it's going to take time for that to get done. So, and that'll cut into the the amount of time that we have it allocable for people. So, it's
just I I don't really see a really good scenario that I'm super happy with right now. So, um I I don't know how to move forward to be honest with you. >> Yeah, I I I agree. I don't think it's I don't think it's the provers's fault per se. I think we we we do need some guidance, Mr. City attorney, on what our
options are um with respect to contract modification. The contract's been modified without our consent, right? And that's not their fault. It's the county has made this policy decision. and there's no other way for them to kind of integrate it. Nonetheless, it's affect
our contract. I don't know what rights we have contractually to terminate or not. I mean, I don't want to get into that conversation here, but I think this commission needs some guidance from council as to where we are from a contractual posture and what those
options are. And then from a service option, I mean I I think you know new service design sounds fantastic but really you know I have a question as to whether we can do that under the current procurement or whether we've got to open this up again because it's substantially different than what we had asked for.
Um, I also wonder whether we're really going to get the kind of service we want because, you know, it's just our very limited portfolio of dollars. And so, while you have all the operational breath in the world, and I I know you do. We've seen that elsewhere. I'm not
sure that we can tap take advantage of it because we are it, you know, our our reach certainly would it would it you know, uh, what's the phrase? Our reach exceed our grasp. Thank you. So, um, you know, of the options you've outlined, I'd love to learn more about the subservice and what the brokering
costs are because that might be the closest to to say, look, we're going to suspend service during standard Metro Connect hours and we'll focus on providing, you know, rides into the town center or rides to our seniors on a broker basis so they can get door-todoor
service through Uber and Lift. I wonder what the marginal cost of it is doing it through you guys versus doing it with them directly. love to understand that on the vouchers. I think it's really tough. I mean, I'm not sure how we would, you know, the verification part. We're not staffed to do it. You're not
staffed to do it. Um, how we would avoid uh preclude people from taking a code and sending it to their friends and, you know, since my daughter's Snapchat and a thousand people know the code to use our our service, right? Um, so those are the
kind of, you know, practical concerns I have about option one. Option two is my most interesting, but I mean it's hard for me to kind of figure out where I want to go until I know what our options are legally. So that those are my two cents, but I think option two is the
only really viable option for us based on the menu that we have. Am I thrilled about that? No. a little bit. I mean, if we're going to spend more of your time, which is valuable, helping us kind of figure this out. Colleagues, my my sense is we try to figure out or ask a provider to figure out the range of uh
options on a subservice basis, right? And bring that back to us while we get some guidance from the city attorney about where we are from a contractual posture. Make sense? Okay, Commissioner Gaya, you've got your face partially covered, so thoughts,
get your thinker pose going. >> No, I'm just Yeah, I agree. I agree with everything you just said. >> Okay. >> Okay. Thank you very much. >> We'll look into that. Thank you. >> Appreciate it. Y >> Okay, let's move on to items three and four. Madam clerk, if you can read those
into the record, please. >> Yes. Item three, a resolution of the mayor city commission of the city of South Florida approving a development agreement with Avalon Bay Communities, Inc. developer and Robins Plaza LLC owner for a large scale development
mixeduse project known as Avalon South Miami 2 on the 1.34 acre development site located at approximately 7230 Southwest 59th Avenue consisting of the properties bounded by South Dixie Highway US1 Sunset Drive Southwest 72nd
Street Dan Avenue Southwest 59th Avenue and Southwest 73rd Street pursuant to section 20-86 7 of the land development code in sections 163.3220 through 163.3243
Florida statutes providing for authorization item four a resolution of the mayor and city commission of the city of South Florida approving or denying a large scale development special exception application pursuant to section 20-8.7 of the city of Southland development
code for the mixeduse project known as Avalon South Miami 2 on the 1.34 acre development site located at approximately 7230 Southwest 59th Avenue consisting of the properties bounded by South Pixie Highway US1 Sunset Drive
Southwest 72nd Street Doran Avenue Southwest 59th Avenue and Southwest 73rd Street. >> Thank you, Madam Clerk. Uh Mr. City attorney, you want to read the records of disclosures? >> Thank you, Mayor. Uh item numbers three and four on this evening city commission uh meeting
agenda. Seek approval of a development agreement under section 163.3220 through 163.3243 Florida statutes and section 20-8.7 of the city's land development code. Um as well as a large scale development special exception under section 20-8.7.
Uh for the development agreement, this is the second of two readings. The first reading was approved on February 3rd, 2026. The special exception is a quasi judicial item. The resolution for the development agreement is not. It is legislative or at best a quas quasi legislative item. It is nevertheless a
public hearing under the ordinance. The the same public hearing can serve both items. So in the abundance of caution in order to afford the most due process possible to all parties and without waving the city's position that the resolution on the development agreement is in fact legislative in nature, the city will frame tonight's hearing within
the city's quasi judicial procedures with respect to presentations by staff, the applicant, and public comment. The clerk has read the title of the resolutions before before the public hearing commences. The public hearing will include presentations by staff and the applicant in public comment. The commission may ask any questions either before or after public comment is
closed. Following public comment, the commission may deliberate on the two items. The quasi digital procedures require this commission to consider the evidence presented to it and base their decision on the applicable law and primarily on the evidence presented whether by the applicant staff or members of the public. The evidence considered must be substantial competent
evidence. This means testimony or other evidence based on personal observation or relevant expert testimony that a reasonable mind would accept as adequate to support a conclusion. It is not a popularity contest. It cannot be based solely on non-expert opinions, no matter how fervent those opinions might be. Everyone who seeks to speak on an item will be given an opportunity to speak
during the public comment portion of each hearing. If you intend to provide testimony as to this as to either of these items, uh you will be sworn in before your testimony is taken. Please know if you speak, you may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be considered in that context and given its due date
weight. The general public will not be permitted to cross-examine witnesses, but the public may request the commission to direct questions on their behalf to either staff or the applicant. At this time, anyone who wishes to speak should be sworn in. I'd ask that you please stand and raise your right hand. Do you swear or affirm to tell the
truth, the whole truth, and nothing but the truth? Thank you. Uh, madame clerk, can you confirm compliance with the advertising and notice requirements for this hearing? >> Yes. >> Thank you. Uh, mayor, vice mayor, commissioners, have any of you had any exparte communications with the applicant or any member of the public
either for or against uh, either of these two items this evening? >> Mr. Bich, no. Okay. Vice Mayor, >> no. >> Uh, I have had multiple conversations with Micah Khan regarding the development agreement and our city attorney.
>> No. Uh I have uh I have met with members of the public in regards to this um this development and obviously we've spoken through with with different members of the development group. >> And let me supplement my my disclosure.
I have had meetings with at least two neighborhood groups regarding uh the the application as one of many items of discussion about city issues. >> Thank you. Mayor, at this point you can proceed with the staff or with the
>> Yeah, let's go ahead with the staff presentation. Uh so we'll start Mr. >> uh Mr. Alers, if you can keep it brief, we'd appreciate it. And we'll follow up with the city attorney just to kind of highlight some of the changes in the DA and then we'll recognize uh applicants council for their presentation.
>> Good evening. Mark Albert, the Cordino Group representing the city staff, planning staff. This is um I'll make this as quick as possible. There's a lot of details in this. This is a um a hearing for the large scale development special exception with the site plan
review also for a TDR approval also for development bonus approval also for a design waiver approval. Um they are combined into one review. Uh a quick housekeeping I should also I want to
mention that the um we have hard copies of the application and of the site plan. We have um as of the 11th of um February, I'm sorry, the 10th, uh there were some some uh
amendments to the application. I have a um an a addendum to our staff report. Our staff report did not cover those. And I'll just read the three of them so that we have that in the record. The three changes were um that the number of residential units had been decreased
from 254 to 251. The effect on density is to lower the density of the project from 190 to 187. Um the maximum density permitted by permitted on the site is 200 with bonuses 150 as of right. The second item
was there are a number of um street car sharing spaces that were part of the site plan on the ground floor. Four of them to be specific. They were on Dorne Avenue. Uh those were removed and they are replaced with regular parking spaces. That was at the request of the
city's DRC design review committee. Um, parking department in particular wanted those to be open spaces and the city would determine how they would be used. And finally, the floor plate areas on levels 4 through 16 uh have been they have very minor adjustments. In total,
they come to about 4,612 square ft lower. Those are the the changes that are on the very last submitt that was given to us. it was just a number of sheets to uh to make those changes and the individual and
cumulative effect on those does not affect the staff report or our opinion or our recommendations on any of the items. So that's just to to get us up to date. Um back to the the um
the presentation and the major presentation. This is a um this is a an oddly shaped block. a triangular block. Um, of course it's south of Sunset Drive and north of 73rd Street. And one of the important things to understand about
this site plan is that there's an entitlement area and there's the building the site plan building area. What you see in the upper yellow uh shaded area of that triangle is the entitlement area. In other words, all of the development rights are from the
entire block, but only the only building part of it is to be on the part that's not shaded. The part that's not shaded is 1.13 acres. That the entire block is 1.34. I'll get a little more into this with the TDRs. Um, the flume designation is
TSD. The zoning designation is TSDD in the TSDA subdist. Um I think we know the context of this. The context of um of this is really it is TSDA all around it as the as of the
rights of all of the structures of all the properties around it are in the same category of density. They have the same rights as far as density goes whether as a right or um or with bonuses. The heights are generally similar.
Um, the height permitted to the north is four and eight stories. Um, I'm sorry, four and and 14 stories. Um, the height permitted to the west is 16 stories. The height permitted to the east, which is US1, is actually the hospital. It's part
of a PUD, but that is essentially an eight and an eighttory area. And then to the south, we have the still in the tsd tsd tsda. um those blocks are permitted to be 14 stories. So the the the
entitlements for all the blocks around it are very similar in scale to this proposal. As far as compatibility, um this is within a five-minute walk to the Metro Rail Station. This is the project that we really built our our zoning code around. I shouldn't say it
that way. We this is the concept that we built our zoning code around that we would have density close to the metro rail station is consistent with our comprehensive plan is consistent in fact with what the county has motivated us to do as well. Um we are the intent of this
zoning district is to provide a density of residents to not only support the metro rail but to also support the businesses and the employment areas in the downtown so that we can build a live, work, play downtown. Um the massing and again I I went into what the
entitlements are around the massing is consistent. It provides a transition and this is something that was very specifically put into the zoning code for Sunset Drive. So, this project actually preserves the buildings, the three historic buildings on the north,
the Dorne building, excuse me, the Dorne building, the old bank building, and I guess what was the old post office. Um, those three buildings will be preserved and their rights are being used into the project. So we also have compatibility because we are preserving the historic
context of Sunset Drive. It is consistent with the TSDD. Um I mentioned already the density but the density of this project comes out to 187 units per acre. Um with bonuses that is within the the rights of the project
within with bonuses. That 187 again is calculated for the entire 1.34 acre block. Um the project would be allowed to have up to 268 uh dwelling units and it has 251 as it's
proposed to you tonight. Uh we have reviewed it for consistency with parking and loading. It meets all the parking and loading requirements according to the code. Um it has the the sufficient number of parking spaces. Um it has the sufficient amount of loading
internal to the building. bicycle storage is sufficient uh as we have out as we have required it in the code. The one change which we I discussed already is a change that happened in the last week because the city's design review
committee the parking department did ask for those spaces that you see on the bottom where it says street parking excuse me those were originally um Uber lift and and drop off spaces. They will be they are proposed right now to be street parking. If the commission
determines this, we would consider that requirement waved. Um, >> Mr. Albert, hold on a second. Yes. Commission, you're recognized. >> Um, if you go back one slide,
we had the conversation for the building over here about possibly doing the bike storage as bike scooter combo. So, I I think it's only fair to >> Yes, we >> to pass that on to them as well.
>> Yeah. And I'll I'll to explain what you're asking. We had on a another project determined that we could also for the bike room allow scooters, electric scooters, electric bikes, ebikes also in there because those have become more prevalent um in this day and
age. >> Thank you. >> Thanks. Um the project is consistent with our tsd street hierarchy. It's on it's it's really on all primary streets. Um, but it does have its frontage onto Dorne, which is the one that we want it to have
its frontage on. That's our our primary pedestrian street. It is also consistent with the open space requirement. It has all of its open space as linear open space along Dorne Avenue. Um, it does
exceed the open space for 4,931 square feet of space as required for this block and they are providing the 4,900. >> Mr. showers. That's open to the sky. >> Open to the sky. Thank you. Um the building does have rails, but yes,
that's open to the sky. >> Yes. Um yes, madam commissioner. Sorry, sir. >> I just need clarification. I see this um kind of driveway that goes out to US1. >> Yes. >> That's the loading dock. So access is
from 73rd. Egress is onto US1. >> Yep. So you can go all the way through. >> That's correct. Yes. >> Okay. because I I was like there's no curb cut or anything there. So >> I I think you can see it on the letter here. It goes through the block and it exit out onto US1. >> Okay. >> And that's an existing curb cut, correct? Or is that
>> on US1? I believe it is. Yes. >> I don't know if it is or is >> No, it's in one. It's further south. >> It's not. Okay. >> If not, I'm thinking of another one. >> Can I can I ask do we have confirmation that FDOT has one on the development team? They're fine with that that location that
proposed curb cut. Yeah, if you can come on up. Says we got a question from the commissioner about it. Good evening. >> Good evening. Corey Dorman with Kinley Horn Traffic Engineer. Office is located at TL Harba Plaza, sweet 500 Coral Gables, Florida 33134. Um we did have a
pre-application meeting with FDOT to present the curb cut on US1. Um after initially reviewing, um they will uh review the access permit for that curb cut, but did not express any major objections to that curb cut. >> Okay. Thank you for that,
Mr. Alers. Your shows you again. >> Yeah. Um I'm sorry. Uh and I should also add we have Diana White from Cardino who was the reviewer for the traffic and she is online as well. um just to the open to the sky and I did mention the building has brows so some of the brows
do encroach onto some of those open spaces but they are definitely brows of the building they don't have um built floors above them um it is consistent with the street hierarchy I was saying and is consistent with the street with the open space
requirements of the tsd there are about 30 there's exactly 30.3 additional feet of open space uh which will apply towards the bonus areas towards the bonus. Um the open space is mostly hardscape but the green areas as you can
see are the um planter areas with green space. This has been before the DR B uh design review board. Um and there were some comments about the landscape and those will be addressed. I think they were mostly I think we had something that we discussed earlier this evening
about uh hardwood trees and root balls and those will be addressed with this project as well. Um a little bit more of the landscaping and you can see the diagrams of the of the um canopy. Um this build this this is or the first
thing where we have something uh where we have a transfer of development rights. So this is in this is according to section 20-8.8 parenthesis M. Um and again the sending site for this is going to be the little yellow area where those three buildings
are the three historic buildings and this has been done to preserve those historic buildings. So essentially we're taking their air rights away and they can never be replaced with anything else. The receiving site would be the site that's not shaded, the 49,37
square ft of the development site which is zone tsd tsda. Um the application the applicant will have to obtain a certificate of transfer that will be done later. Um the applicant will also have to improve the sending site and I believe there are
plans to take those historic buildings and turn them into actually move the uh Delhi lane into those buildings, renovate them and reuse them. Um that is also a requirement of the code that they would be improved as well. And finally,
the sending site, the end result in this is that the sending site provides about 48,983 square feet to that's transferred in floor area to the receiving site where the the actual building site is. Um, and
there are some calculations. It's very hard to see, but I'll I'll go through it quickly. What it basically is, we take the area of that um of that sending site. We multiply it by the number of floors that it can have as and times
also the building area. So it's 80% times the eight floors and that gets us the number of square feet. We subtract out the buildings that are there because they're staying there and that's that result comes into development site and that is 49 48,983
square ft. Um this site, this project also has applied for development bonuses um to be approved by the city commission and they have applied for an open space bonus as an as an on-site improvement of 30.3 uh
square feet, but it it's in excess of what's required and they have applied for a payin lie on the affordable housing or workforce housing bonus. And then on the um sustainability, the project is uh proposed to be built to
lead gold if I have that correctly. So we've done the calculations on this. Um this this is out of a spreadsheet and if if you want to follow this very quickly um there's a column that has some colors and basically floors one through eight are the as a r means as of
right and those and what you see on the one to third column are the floor plate sizes the areas um so all those are as of right as we get to the next one we've applied the TDR which applies fully to the ninth floor and partially to the 10th floor
and Then with the with 10th floor, we've appi applied the actual bonus or the open space bonus from the on-site improvement 30 square ft which multiplies into about I can't read it 700 something square feet um and we've
applied that to the 10th floor. There's still a small remainder and that's where the pay and loo starts. So what you'll see on the very right hand column is on the 10th floor there's the first payment because they've run out of on-site bonuses. They've run out of TDRs. And
then we follow down based on the floor area. I know there was a question earlier this evening. It's based on the floor area of each floor times $30 and it goes into that last right hand column. The end result that we've calculated is 4.2 million4,248,318
for pay and lube for the remainder of the bonuses to 16 floors. Um that said, the building is consistent with what's allowable in the building height plan. The building height plan does allow 16 floors here if the bonuses are applied. Um we do allow the building
height plan does also allow um 213 I'm sorry I said that wrong. The the structure is 202t to the roof and 213 to the bulkhead. Both of those are within what we allow in the TSDD 416 floor building.
>> Yes, I'm going to recognize Commissioner Wich. >> Thank you. Are they going to be doing in this building on the roof the same thing that they did on the first Avalon so that they don't have to put, you know, the elevator or whatever goes all the way up so that they do not have to have cranes if they had to do things later.
>> That's a question you'll have to ask. >> Okay. >> I just don't know if that was going to show up somewhere. Sorry, Mr. >> Rodriguez, you recognize. >> Um, can you go back a couple slides? I just want, this is just for clarification purposes. One more. So, here you have that the applicant will
improve the sending site historic building proposed to be renovated and used for Delhi Lane. I I don't think the applicant is the one. I think that's the current building. The current property owner will be responsible for that. >> The applicant is both. So the applicant is both Robins Plaza and and
then >> and that's that's out of our code and that's how they're meeting that part of the code. >> Um the last part of this is the applicant has uh applied for a waiver for floor plates or floor area for each
floor above the fourth level. The uh the table on the left side gives you the floor plates. um we have a 10% limit for all other blocks except for um non-rect linear blocks. So in other words, part of the code anticipated that
triangular blocks would be a little bit more than the 10% that's in the code and that and also um sixtory blocks in the TSNA. So we have about give or take about a 30% increase in the floor plates and that would be that's completely
allowed by our code and that is the subject of a waiver a design waiver. The design we've reviewed the design waiver um and we've reviewed it first to make sure that it is not a prohibited waiver and it is not. Um and that the table gives you the the five criteria and we
found them not to be a prohibited waiver. And then that's a lot to read, but we've gone through all of the the criteria in the code to determine if the waiver does meet all the criteria. Essentially does it it causes no harm to the buildings outside. It does not do
anything that's inconsistent with the TSDD code and what has been intended and the staff uh recommendation on the waiver is to approve it. Finally, um section 20-8.10 is the architectural standards. without
going through all of them. We have gone through all of them. We have found the building through quite a process of back and forth. It is compliant with penistration, wall variation, ground floor coverage. Um and again the ground floor coverage, the building footprint
is under 80% which is what's required 79.5. So those those floor plates above only a only affect the floors above this building fits our building coverage. Um there is the use of non-reflective
glass, the material variations, parking screening and interior location. This has been through the DRB and supported by the DRB. The only thing that we and it's really an area of the code that we have to um reward and we'll get to that
on another item tonight. But wherever we have driveways and back of house, this the code is silent as to how we count that for glazed areas. We haven't been we've been just not doing that. So that's the only area where it doesn't meet the code strictly speaking. But
again, we've been pretty much not applying that because it was never intended that there should be glass over our driveways and back of house walls. And then finally, as far as process, this has been through the DRB. It was approved by the design review board.
Again really the only comments it was supportive but the comments were regarding the landscape and the hardwood trees and the survivability of them. Um it has been to uh the design review committee which is city staff who
checked through code compliance, planning, zoning, police safety, um public works and parking and again the parking comments came out of the DRC and those have been addressed on the site plan and again those would cause us
to have to wave our requirements uh for the tsd for pickup areas for Ubers for car sharing. It has been through the planning board. The planning board also approved it unanimous uh unanimously. Uh they were mostly supportive of the project. They
did have some concerns but basically felt that this project helps support uh the traffic as far as in a sort of global sense that we the more mixed uses we have the more we reduce our traffic problem.
Um and they did have some concerns about the areas for delivery. they actually took a somewhat opposite position on those those Uber spaces and they would prefer a little more space for deliveries. I thought that might be a concern and we're at city commission and
that is that was conclusion of my presentation. In summary, we find it consistent with the code. Because we find it consistent with the code, it is also consistent with the comprehensive plan staff uh recommends the project for approval. >> Thank you, Mark. Uh colleagues
questions. So, we'll go left to right, ladies first. Commissioner Bonich, and Commissioner K, I can't see you, so if you want to chime in after Commissioner Rodriguez, just uh holler, please. >> Um the slide that shows the bike parking, I
imagine it's on 73rd, the out the exterior bike parking, it shows two sets of bike parking. I just >> Is there Is there a sheet you want to refer to? >> Oh, I don't have it. I I was looking at >> I have it on the slides. >> Yeah. And what we what was added um
there was a staff request that Oops, I missed >> right. >> No, further back >> there. >> Um those are the outside bike racks because we need bike racks for guests to arrive and people to go to the restaurants and so forth. That there are four retail cells. The bike room for the
residents is what would be is kind of behind us one. Uh you see there it's marked there. >> Yep. So, how many bike racks do we have on this street? >> Is it >> It's uh 20. >> 20. I mean, I I can't imagine 20 people
rolling up on their bikes to come to this. And I look at the sidewalks and I'm like, why do we want to junk up sidewalks? I think if we had one set of that, I think it would be more than enough. I think 10 bicycle things when
you probably got more bicycle things on the corner and the other corner and the other corner. I I think we're asking somebody to build a nice building, update the streets, update the streetscape, the landscape, everything. And then we're going to continue to put bike racks that the universe will never
use. I mean, they've got cazillions of parking for bikes inside it. And we're supposeding 20 people are going to like roll up on these bikes. I just don't I don't see that. So, I don't know if you guys agree with me. I just look at it and it jumps up the street. >> I I I would I would only disagree
in so far as obviously bikes and microobilities evolving. So, I would tell you I I'd like to keep the space or the requirement, but maybe it's dual bike scooter designated corral areas. So, you don't have scooters on every particular corner. we've got more
space where people can leave a scooter as and you know or a bike and uh they're designed for either purpose. I think that would be probably more in keeping with what the reality is on the street these days. >> I I agree. I just Yeah, I keep looking at bike rack back rack goes back to the
conversation we had on the other building. we could convert. So I I was um for other purposes walking around the the M campus and I noticed that they have rakes uh rakes racks specifically for micromobility devices. They're a little different than a bike rack. So we could take those in lie of bike racks.
>> So Mr. Attorney, if we wanted to modify that, is that a condition that's in the resolution that we can address or >> it it is we would have to add it. We but we could certainly add it. >> Speaking of a note just to keep that >> Y >> on the parking lot of issues. >> Y >> further comments commissioner.
>> No. Okay, Mr. Vice Mayor, >> thank you, Mr. Mayor, and thank you, Mark. Um, two quick questions. One, well, first of all, I want to say is great use of the TDR. I'm embarrassed we fought you for as long as we did on that. Uh, the uh preserving the historic
building is phenomenal. I did have a question about one of those uh buildings. There's one on uh it's 5900 South Dixie Highway. It's currently in kind of the northwestern part of this property. Now, it has a very similar
historic architectural design. Obviously, that's going to be part of this plan, so it'll be knocked down. I'm curious what year that building was made and compared to the ones that are next to it or built. >> You're talking about the uh the yellow building. Yeah. Marie's building.
>> I think building. >> Yeah. Yeah. So we go up to the Dorne building which is where the alley occurs and then the re that would be part of the project. >> I was just curious how old that building is compared to the buildings that are being preserved.
>> I don't know but I know um Victor do is here tonight. He will probably know the answer to that. >> All right. Well >> 2000. Okay. >> Oh, never mind. >> Okay. Yeah. It's a nice picture. >> Okay. Good. So >> yeah, that's that question. All right.
So, the other one was um about because the bonuses were mentioned here and I did see it in the in the red lining. It looks like um the the the fee that was being paid for the bonuses was reduced in the red line and I was just curious what um math turned that up because it
was originally 6.7 million. It's now 4.2. is that the the the space was reduced that was requested or the >> no that there's been recalculation on the math if we've we've gone through a few versions of this. Yeah. >> So I correct me if I'm wrong. I believe
initially you calculated the full >> amount >> right >> without reducing the contribution for the TDR >> for the TDRs or the open space. >> That is the delta. That's correct. Mr. Vice Mayor. >> Okay. Perfect. Just want to make sure the lawyers weren't pulling a fast one on us. >> No, the TDRs turned out to be close to
almost a million and a half dollars of value. >> Yeah. >> 1.465 or something like that if I remember. >> All right. Thank you. Those are >> question. Okay. Rodriguez. Okay, great. Commissioner Gay, >> no comments on the presentation, Mayor.
>> Okay. Uh Mark, just uh a question because I have not been able to decipher it from the plans, and that is the eyebrows. How far do they protrude from the building? Do we have a I don't see a dimension in the in the drawings that I'm looking at. So,
>> I I believe they were 5 to 10 feet. I'm going by memory. We'll ask the applicant then. >> The important point is that the building doesn't occupy a used habitable space above them. >> Understood. But again, they're setting back the building an additional how many feet from the that segment. Do do you recall?
>> I couldn't tell that dimension either. >> If you don't know the answer, it's fine. I'll ask we'll ask you guys in a second when you get it. >> I think our discussion will happen a little later. >> If you can just address that, I'd appreciate it. >> Okay. Uh Mr. Russio, do you want to walk us through the DA changes really quickly? >> Sure. and see if there are any questions regarding that and then
>> bass I'll recognize you for both items and you can >> so um if if you can look at the red line that might be the easiest way to concentrate on on what changed um the red line has all of the changes from first reading but I I want to kind of
draw your attention to a couple of things number one uh uh on page five that's uh definition 1.3.15 there's a definition of streetscape improvements ments and I'm going to come back to that concept but I want to introduce it to you. There are two types
of improvements that are occurring on the street. Okay. One is what they are uh what they would do as as any developer which is on their side of the street. So on their side of Dorne, on their side of 73rd Street, streetscape improvements specifically when it's
capital S, capital I, refers to additional right ofway that they're improving, which is the other side of Dorne, the other side of 73rd Street, and the intersection uh between them and and then uh there's a little bit of work on US one. So um let's put that on the
shelf for the moment. I'll come back to that. the term of the agreement which is on page six. Um they've asked for it to be extended to seven years. Um so we've we've uh worked with them on that. Um skipping ahead to page bottom of page
eight, top of page nine, the construction hours. Um the they are being expanded from from what's currently allowed but only slightly. uh Monday through Friday 7:00 a.m. to 6:00 p.m. Uh Saturdays 8:00 a.m. to 5:00 p.m.
and then limited work on Sundays uh that can't involve uh loud loud machinery. There is also an exception for uh activities where they need to start earlier to avoid having uh backup in traffic uh like such as concrete pores. So they will coordinate with the city
manager and get permission to do those. Okay. Um, moving ahead to uh page 10, they will be granting a uh along US1, they will be granting a perpetual rideway easement uh in in the 4T along
the property line. Um that that 4T is intended to make a 10-ft sidewalk so that it is no longer this narrow sidewalk immediately adjacent to oncoming traffic. Um okay. Uh let's see the 2.4.5 4.5.3
in the same page. Okay, this is the right-of-way improvements. This is um that they will be uh improving the right of way. This includes what I mentioned earlier as the streetscape improvements which let's go ahead and skip to that on page 11 2.4.7
the street ca streetscape conditions. So I I explained that the there's there's the stuff that they would normally do. They are still uh responsible for that. That's their side of Dorne, their side of 73rd Street. With respect to the other side, they're um they have they
will be doing it. They have to do it before TCO. Um but the this contemplates a separate agreement with some financial contribution from from the city uh to the tune of $2.5 million uh in order to to do the stuff that they are not
legally bound to do. Uh but at least they but the the the thinking the concept is they'll do their side uh and they'll do the opposite side and it'll be a consistent approach. Um so it will it will uh it will work all together and
and and look look right. Um the the let's keep going. Oh yes. If there's a question. >> So they're doing Dorne and 73rd. Dorne and 73rd the intersection and then uh
crosswalks along across US1 uh subject to FDOT approval. >> Okay. >> Yeah. So skip ahead to the bottom of page 16. The loss of on street parking. So you
all uh adopted a code provision that deals that addresses the the loss of on street parking. This is consistent with that. Uh it this just spells out what the what the parking spaces are that are being lost. There are 16 spaces that are being lost. Uh that was reviewed for the
different exceptions that were provided in that code. Um three spaces are being removed to accommodate the driveway. Uh which is an exception. Uh and eight spaces are being lost or moved uh to meet the requirements of an established streetscape master plan. um that because
the so that means that they have to pay for five spaces. Those five spaces are in two different zones. One zone is compensated at a at a rate of 75 approximately $75,000 per space. The other zone on Dorne Avenue is compensated at a rate of 50,000 per
space. So those five spaces account for $31,000. Um next provision, city street parking during construction. Um the they will be paying $15 a day uh for the the the
space that they the spaces that they rent um that are not uh included as uh as lost spaces. And um they will also be renting 30 parking spaces within the garage at the going rate. Um the next
provision on page 18, the the bonuses, and um this may speak to uh Commission Vice Mayor Corey's question. Um the in the first section 3.8.1 that's where uh we're mentioning the
bonus floor area based on open space based on lead um and then based on the TDRs and that reduces the amount that they need and then when you in 3.8.2 two, that's where the $4,248,318
is is mentioned. That is an estimate because the development plans change or altered up or down, that will be recalculated based on that. Um, and there they're also that's at $30 per square foot, which is the going rate, provided they get their building permit before December 31st, uh, 2026.
Otherwise, there will be an increase. Um, >> I'm sorry, before you continue, just on on 33. Yeah. Um there's a delegation to negotiate here in 33 and then at the end of the agreement. >> Yeah. >> What are what are we delegating to
negotiate if if the rate >> the rate for the first 30 months um that something that uh so yeah that that is what it currently says. Yeah. >> Okay. But and so the only thing that's left to negotiate is in the event that
there's a the construction goes beyond 30 months and they require you continued use of the spaces the manager has a discretion to set the rate. >> Uh it's actually for the first 30 months if there's if there's for a reduction. If it goes beyond 30 months they're they're stuck with that rate.
That's the way it's phrased presently. >> Okay. I thought I thought we were setting a $15 fee. We we are and that's that's why I kind of paused. Um this there's a remnant here. I just noticed of of a previous >> So I just I just want to clean this
section up to make sure it's again >> have council for the applicant adjust I think so my understanding is the first 30 months which is their anticipated construction schedule. It's $15 of space >> right >> and I would imagine the delegation would be limited to any negotiation beyond 30 months should they need to extend that
construction period. >> We could certainly put it that way. the fees the fee could be higher, right? We could generate more revenue from those spaces. So, I'm imagining >> that's the discretion we're giving the manager to continue the rate or negotiate. >> Okay. So, $15
>> $15 a day per space uh for the first 30 months. Manager CM to to negotiate anything beyond 30 months. Man, >> do you have any concerns about that language or I don't know if you had a chance to review it in in detail or not? >> No, sir. >> Okay.
Yes, ma'am. >> We are looking here at the 4.248 and we're saying that of that money, we then are estimating 2 whatever to be reinvested of those funds in to cover
our sides of the streets. >> We're not committing that it has to be that money. It it could be that money, but it could also be any other source of of uh of funding the city has. >> Well, because there's also there's also art and public places that has placemaking dollars.
>> Yeah, but I mean, are we is it are we looking at a streetscape as a placemaking? >> As far as placemaking, it it it could it could certainly fall under it. It it does f I I I'm not saying that it's that what I'm trying to say is there's flexibility to determine where that money comes from. Yeah. you're not bound
to that to that number or for or that source rather. >> Yeah. I'm just I think that we may want to take a closer look at how we fund that versus just leaving it up to the universe to decide because if we have
these funds and then the you know the outside possibility exists of taking money from art in public places doesn't make sense to have the money sitting here and take it from another >> No, I I I agree and I think I didn't want this. I I asked attorney specifically not to mention the source.
I didn't want to have a huge conversation. What I wanted to confirm and part of my conversation with the applicant was okay, what are you what are you estimating each linear section is going to cost. >> And so kind of rough order was $2.5
million inclusive of the crosswalk and related infrastructure upgrades. So just there basic so we understand what it's going to cost us. I think we can move forward that you know what they're contributing in terms of bonuses is
going to likely cover the cost of that expenditure. So this is our kind of up to amount. This this will this will come back to us when we execute the additional agreement so they can actually act as our agent and complete the improvements on our behalf. >> So it's not not a final
>> Yeah. I just I just want it to be to be said so we all understand that I think that taking the money out of Art and Public Places to to do that doesn't >> I I agree. Yes, sir. Yes, ma'am. >> Just clarification. I mean, Mr. State Attorney, if you currently the the art and public places is one and a half% of
the construction cost, but half of that could be applied uh to placemaking. I think that's what we're saying that that could be a source of >> Absolutely. I understand. I just don't know that when we were envisioning that conversation that we were envisioning bricks on the street
>> for placemaking. I I don't think that was the intention. >> Are you good? >> Okay. Commissioner Andre is >> Okay. So, I was going to discuss this because this is where I circled. I again I I love the project. I think everything is great. My conversations with the developers have been great. This is
actually something that's new and just popped up as far as the streetscaping portion of it. So it was always >> or what section are you looking at? So >> I'm 1.3.15 the streetscaping where it's there the east half of Dorne,
>> the intersection of Dorne and 73rd and the south half of 73rd Street. So it was always discussed with the developer that they took pride that they they were going to redo Dorne. Um, part of the project was because if we do it right
now, >> speak up if you can't speak again. >> Oh, I'm sorry. >> So, if if if Dorne's going were not to be redone, you would do your side of the street. The street would stay the same and all that. But in this case, you're elevating the street now where everything is flush. So, show me a way
that you're going to do that and not and and still blend in with the other side. I think at this point when you're raising it up and and making it flush, you have no choice but to finish the rest of the street. So on this one, I I do have an issue as far as I think that
that's part of the pro that to me seems as part of the project. Um the intersection, it's also it's elevated and it's connecting both projects together. So there there it's symbiotic making making both projects symbiotic to
each other. the south half of 73rd. That one I completely understand that we should probably help in that one because if you continue the sidewalk along the north side of 73rd, you know, you don't technically have to do the south side, but in order to keep it cohesive, I
understand that we can. But when it comes to Dorne, I have I I I just feel that Dorne is part of the project. It's always been part of the project as far as I saw it >> and and it is, >> but that we didn't have to pay for it. So, let's let's put a that's that's a
comment. Let's put a pin in that until we hear from you guys and we'll pick that up again. >> You got any parking lot of issues? >> I have one more provision to just call your attention to ahead. >> Uh >> in 4.4 page 20, it's just a covenant that they will the historic property is
the historic property will not be touched by this. Uh we thought that that was important. Now, when they enter to the TDR and they go through the process, they're going to have to covenant to that anyway, but belt and suspenders. C can I ask a question? >> Yep. >> Is it is it proper for us to include the
developer in the language of that section since they're not the >> uh you know what um we can >> I think I think I'd like the representation from the owner since they're the >> Yeah, I I I think we can we can change that to the to owner. >> Okay. Okay. Thank you, Mr. City Attorney. I I have just one other
comment question which is it relates to um just so you can address it for us as you go through your presentation. 2.7. Um, right now the language as proposed says, uh, developer, this is for the improvements across from the existing
Avalon Bay, which we had discussed some time ago. Developer shall obtain the appropriate permits to commence improvements to the north side of page. >> I'm sorry, this is page 16 in the red line, sir. >> Section 2.7. >> Okay, got
>> again. Developer shall obtain it. It was complete before the appropriate the appropriate permits to commence improvements to the north side of 73rd Street on the first block first block east of Dorne Avenue prior to the issuance of the first building permit. So before we were asking for the
delivery of that improvement which we thought would be contemporaneous with the other building, right? And in my mind was a consideration in part for the additional floor um prior to the commencement of con uh prior to the issuance of the first building permit for the new project.
Okay. If the completion is in feasible, I would just ask if you could suggest something that provides us a tighter time frame in which that improvement will be delivered because the way that's written with extensions of the building permit, it could carry all the way through the end of phase two. So, just
my my request for you on a thought about how we can tighten up that language. Okay. So, with that, any further questions? Commissioner Cay, I can't see you. Did you want to ask any questions? >> You can't see me. >> I I cannot. No, we have a presentation up at the moment. So, sir, you're recognized.
>> Um, yeah, thank you, mayor. Um, can you can you we talk about construction uh the actual construction timelines? Um, it seems like we extended the time frames on it. Where were they before? Just so we can be clear. >> Construction timelines of what, sir? Just so we're clear. >> Construction of the actual building, the
timelines of construction, like when they're allowed to build. >> Uh, Monday through Friday from 7 till 6. >> Yes. So, so >> Saturday, so what was it before and what is it now? So, Mr. Fresh, why don't you walk us through what they had proposed and what we have modified it to and then what the
code requires if we made no modifications. >> Yeah, their their original proposal started at 6:00 a.m. um and ran through >> 6 p.m. >> 6:00 p.m. Yeah. So, we have uh adjusted that so that it's an hour less in the morning. Uh it also extended all the way
to Saturday with the same hours. Um that has been reduced to 8 to 5:00 p.m. >> which is the which is consistent with the current code. Correct. which is consistent with the current code. That's correct. Yeah. >> For sat for Saturday. >> For Saturday. >> For Saturday. That's right. Yep. >> The only other deviations we're allowing construction indoors on Sunday with no
mechanical equipment. Correct. >> Correct. That's that is a modification that is that is consistent with how they how this commission has viewed other construction project >> their prior project. Yes. >> Correct. That's right. >> So So Commissioner Kai, I think the window is 7. Is it standard window 7 to
six? >> The window is 76. That seven that 7 to6 was the same one that we were using at Avalon 1. >> No, >> it was longer. >> Yeah, it was earlier. Uh so the code requires 7 to6 uh and 9 to5 on Saturday.
So uh we are we are allowing we're keeping to the same. We're just allowing also Sunday work uh indoors, not heavy machinery. And then we are allowing we're allowing the city manager to determine for like concrete pores and th those kind of intensive activities.
>> I'm not worried about the concrete pores. The only the only problem I have with Sundays is the parking allocation um on Sundays. So the the work being permitted indoors, I'm not I'm not worried about the concern about noise. I'm concerned more about parking and the
surrounding areas on a Sunday. So I I I don't know what to necessarily say about that. It's just a concern that I'm sure we're going to have with our tenants in that area that one day they can actually breathe and have just normal people walking by instead of having construction workers parking and
walking across the street. Um that that would be my only concern and figure out how we can do parking there on a Sunday. I >> if I may ask through the mayor that does does the concern for Sundays extend to the parking garage as well as the on street spaces? No, I'm more concerned about On Street.
>> About on street because >> right the the construction workers could be parking can uh should be parking in the garage actually. Um there's there's 120 to 150 spaces that they will be they will be using. Um we could put in a a
limitation on on Sunday on street parking for construction workers. I don't know if that would address your concern, Commissioner. I I guess I'm just, you know, I'm sure people park on the streets as well. I remember Avalon Way there's a lot of people working on 74th Street and then both both avenues
on both sides. It's just Sunday I just want to make sure it's, you know, it's it's a free day from just parking on the streets everywhere. Um, the other questions I had were the the 2.5 Well, we we talked about the
contributions and where they come from. Um and uh one of the concerns I had is, you know, it's it's not something that we can deal with today. U but it's something that us legislatively or policym should look into taking away 16
spots um and not allocating some method of helping the area the area surrounding uh Avalon 2, specifically retail. We're taking 16 spots away from there, you know, forever. Um maybe in the meantime
while construction is is is there and it's you know there's so much construction there's so much dust that we figure out how to help improvement on parking especially on 73rd Street and on Dorne um since we are removing 16 spots
forever. Maybe an idea is to have some money allocated for um valet. Uh figure out with some other people in the neighborhood that have private parking that we can figure out if they can park there. Um maybe some some of
compensation from some of the funding that we're receiving. U that's the that's the idea of receiving this set money sometimes is to make sure that the area around there is compensated or that you know it it benefits the community there. Um, so I just wanted you guys I don't know what your thought process was
on that, but that's a concern that I had on losing some some of that parking spot. Any comments on that from my colleagues? >> Uh, I mean, I think I don't I'd have to look at the streetscape and we'll get a we'll get a quick window into it from
the applicant now, but um, I think the only concern is we probably then would have to think about modifications to their proposal on the east side of Dorne. Right. >> That's right. And I I I I don't want to necessarily change your proposal, mayor. >> Yeah. On the on the north or south side
of uh of 73rd. So >> yeah, I'm not I'm not asking to change your proposal on parking. I think it's a necessary evil. I just I I think that we should just think about what we would do with some of those bonus uh monies being allocated to figure out how to help the
surrounding community survive the constructions. That's all I'm saying from a parking perspective. >> Okay. Is that clear? I'm sorry if I'm not being clear. >> Um, yes and no, but uh we'll we'll talk through it some more. Uh, I will add for the applicant if you can just also walk
us through the timing of the relocation for Delhi Lane and to to the commissioner's point dovetailing on the parking concern, what the interim parking plan is for that use since the surface parking lot will be under construction. So, I think Commissioner
Gay, I know that also is something you're concerned about hearing. I would imagine you are given that it's part of the uh existing inventory for for um that business and and and that existing surface parking lot does provide some
relief on the demand for on street spaces as well. So further anything else we'd like this applicant to address in their presentation vice mayor and then commissioner >> actually just had a question for uh Tony just to alleviate this concern. And I know we extended the agreement from a
five-year term to a seven-year term. I was just wondering what we have in place perhaps to protect against the property being completely enacted, inactive or, you know, demolished and and nothing happening there for that period of time. It's just where it is located. It might
be a concern for me to >> It's a fair point. We do not have anything presently other than the hammer of increased rates that go up significantly if they if it sits idle. Um it goes up to uh that $4.2 million is based on a $30 per square foot charge.
It goes up to $50 after the end of this year, >> right? >> Um and then we'll continue climbing every year after that. But if um you know, if if uh we need to consider something like that, we're can work something into there. Um let me think about it while the applicant gives his
his uh u his presentation. >> Okay. Thank you. >> Sorry. Can you for I was distracted. I apologize. >> Y >> the question is about the the length of term of the agreement being only five years. >> No, it's seven. It's seven years. They have asked for it to be seven years.
>> Okay. >> Sevenyear term and >> as opposed to 30. >> As opposed to 30. Correct. Correct. Yes, that's right. >> So, just so my colleagues are aware, they they could ask for a 30-year term now. >> Correct. I also want to share my colleagues we if we are unsatisfied with this agreement at any point in time we
do have the right to notice a public hearing and open this up again >> under the statute not under the statute so we also >> have you know that hammer I don't think we intend to use it but it is an option that's available to us we do have to give them notice and process so we can talk through modifications right
>> that's a whole can of words I don't want to open up but again just to let you know that there is that procedural uh element to the statute Okay. All right. Do we have any further questions? Yes, ma'am. >> Okay. So, I think we kind of came to a
consensus about the bike and the scooter parking, >> correct? Where we were changing some. >> Yeah, let's let's let them address it. It's it's on it's in the it's in the parking lot of issues. I've got If you can help me keep >> keep track. So, we've got you've got bike scooter uh stalls or or parking,
right? >> Yep. You've got parking rental $15 per space per day. >> Correct. 3.3 2.7 >> 2.7 um uh tightening it up the time frame. >> Correct. >> Yep. >> Uh the 4.4 which is a historic provision
that extends only to the owner. >> Um and then uh the commissioner Kaya point about prohibiting the use of on street parking by construction workers on for Sunday work. >> Okay. >> Okay. And then I have two things. >> Yes, ma'am. One is I I had asked Mark, but I'd like
for the applicant to address. Are they doing the same treatment that they did on Avalon One where the elevator goes all the way to the roof so it doesn't necessitate the use of cranes to send up, you know, air conditioners or whatever. That was actually something
that the applicant asked for on the first building and we granted because it just literally makes sense. So if you look at the first one, the first one already exists. Is it happening on the second one? And then
the second thing is I understand that we're making everything flush. So does that mean that when there's a grade it's literally just like a little ramp or are we going to see weird stuff like the weird stairs that we see at the corner now?
>> You know, you guys know >> is there is there a grade change that requires u on the site? So that's one and and I think there's another issue which Commissioner Rodriguez raised which is is is the east half of Dorne >> a cost they should be required to pay
for given that they're proposing to elevate the street which would necessitate and the intersection which would ne necessitate um them doing both sides not just um from the center line to their property line. So I think that was the
other issue you raised correct. Did we miss anything? Okay, so that's the list of questions that we have for you. If you could give us your best, shortest presentation, we would appreciate it. And I'm sure we'll have plenty of questions given the nature of this group. So, good evening.
>> Exactly. >> Uh, Mr. Mayor and members of the commission, Jeffrey Bass is my name. 1515 Sunset Drive is my address. It's a great privilege to be before you this evening and getting to the podium before 11:15 as I did last. I've I've checked
Foxes is open until two. So, we'll we'll take our we'll take our time as as we proceed through this. With um with your permission, we have organized a presentation um with uh an eye towards uh flow, speed, and comprehensively
addressing the project. I would like to address your laundry list when we're done so that I could quarterback the questions to the particular members of our team who are best suited to answer because I'm afraid if I start bringing people up one by one by one it'll >> no objection let's stick to the flow
>> be be a bit chaotic. >> How much time do you think you'll need sir? Just so you what you >> I think we'll need about 20 minutes for multiple multiple disciplines to present. >> Proceed please. >> So okay um Let let me start
by mentioning that an extraordinary thank you is necessary for you all for the work on the zoning code rewrite that brings us here today. And when I say you all, I also mean Mr.
Alvarez, Mr. Resio, your staff, because what you see today is really the culmination of work that took years um and included an immense amount of public outreach and public participation. And what excites me beyond measure is
when I go to Kasa Cuba now to pick up food to take home for dinner, there's life on the streets. It's starting. It's happening. There are people there are families walking their dogs like the lights are on. you see people on their balconies and that's
when the building is only 50% leased. Imagine when it's full and when and when this arises. And I say that because my goal this evening was to place this project within the broader context of the great accomplishment that it represents and that is an achievement by
this body leading um really leading something that started and few people know this in 1972. So I'm just going to take a couple of minutes. I really want to focus on transit and traffic because I live here as you know and I hear people talk about the traffic as they did. Um and so I really want to put the
the traffic within the context of where we live and not the projects that we're building. So it's a little known fact that in 1972 our community came together and passed at the time one of the the largest bond
issues in the country. It was called the decade of progress bonds. And the decade of progress bonds passed by a vote of the electorate in 1972 with the goal to fund the construction of a transit
system that became known as Metro Rail. And the the goal was to create a transit system in a spine that arked through our community where we could then increase residential density
within walking distance to the rail. Because back in the 70s, the urban planners knew that building transit that you had to drive to sort of defeated the purpose of the in tremendous public infrastructure investment in these
systems. They also knew by putting people where they could walk, we would um take single occupant vehicle trips off the roadways and that if people could live and take transit and work near transit, we would
be able to greatly manage what was occurring and which earned the name sprawl, something that everybody rallied together to prevent. So for every time you hear somebody coming in to complain about the density of development in your
downtown, really that is the antidote that we all agreed to this notion of urban sprawl where our precious agricultural lands and environmental resources were being cannibalized by culde-sac subdivisions spreading spreading spreading. So we we've adopted
an urban development boundary line. We've committed ourselves to urban infill and the project that you see tonight standing on the shoulders of your work in your zoning code rewrite represents I think a very significant achievement in in over 50 years of of urban planning. And so when you know you
look at the if I could move the slideshow here do this so you you can see where this project falls within the corridor. we are like right in the perfect sweet spot of of a transit
walkable shed. I mean that's why you created the zoning code that you did and recognize that the lands near transit deserve their their particular type of higher density zoning to encourage this use of transit and encourage compact um
living in an efficient space. Um and it's happening that's exactly what you're doing. And when you drive up and down US1, you'll see it's happening in other jurisdictions as well. You're starting to see the buildings pop up near the metro um rail nodes. Um when when you look at the property before you
um you'll see where we where we're situated um proximate to the rail and proximate to some other important uses. And I just wanted to highlight for you while we have the conversations about traffic and trips,
those of us who live here understand that we're sitting in the middle of a lot of what I'll call incredible partners that also generate trips. Um, we have Baptist South Miami
Hospital literally across the street here. Anybody know how many employees work at Baptist? >> Anybody? >> Systemwide or just the hospital? >> South Miami. 2,000. So, you have 2,000 jobs right here. Okay. Um, we have the
University of Miami, the next stop up. Anybody know how many people work at the University of Miami? Full-time employees. >> 25,000. >> 4,000 on the Crawl Gables campus. >> Um, so let me just put that in perspective. Anybody know how many
employees the city of South Miami has? >> 121. >> 137 full-time if if my information is correct and I remembered correctly. So we have a geographical endowment, right? We live near major employment centers
and the ability to work at South Miami Hospital and live here and walk to work. I mean, that's a dream that very few people would have had the opportunity to realize. But but now we're making it a reality by adding these houses here. But as it relates to the traffic that we all experience, look
at how many wonderful educational institutions beyond the University of Miami are are approximate here with parents who live in the area taking their kids to any one of the schools whether it's St. Thomas, Mandlestam,
U, Betham, we have Sunset Elementary, we have Ledham Elementary, we have Guliver. I mean, there are a lot of schools and everybody knows it's not great to be on the roads during um the school hours, but that's what happens when you live in a community with families who and good
schools and and people need to bring their kids to and from school. So, we hear about a lot of the traffic in South Miami. It's really not traffic being generated by South Miami. It's people who live in Pinerest and Cutler Ridge driving to downtown and and the reverse
is also true. Um but the traffic is just a function of the progress and living in a great place in the middle of a lot of things. So we have Kimley Horn. We did a traffic analysis um of the project. You know, we looked at where people are going and in what directions they're
going. And look, the great majority of the people are going to leave here, travel on 73rd, and then get on to US1. Like that that's that's the way that they're going to go, you know, pursuant to the models and and and that shouldn't be a surprise. Then they go north or south. Um and and that graphic
illustrates both the commercial and the residential trip generation. Um, and then broadly, I just before I wrap up on the traffic piece, want want to emphasize for those people who complain about traffic that we live within a transportation concurrency exception
area as designated um on the comp plan that this this area does because it recognizes how much traffic is baked into the network here. Um, so at at the end of the day, traffic is a is a feature of life. Uh, it exists with or
this project and this project does does you know a negligible a negligible creates a negligible impact on the background traffic. Um I'm going to turn it over to Victor Dover who's going to speak to you about the streetscape and
the design for the streetscapes. Um Victor Dover, myself and Andre Cella. You three members of this team keep our offices on sunset and could all walk here and and the project. Um, but before I do, I just want to make a few points
and then I'll I'll wrap up. Um, we have the recommendation, the unanimous recommendation of the planning board. We have the staff recommendation and supportive approval. We went to the DRB, we went to the DRC, they all recommended approval. Um, your staff um and and and
I can't say this I I I can't say this with enough sincerity. This is a complicated project, right? It is a complicated project and your staff has worked tirelessly to review it. Um, we have their recommendation and findings of consistency with your zoning code and consistency with your comprehensive
plan. We're going to ask for your vote of approval for both items this evening. First on this large scale special exception, then on the development agreement. Um, we're going to run through a presentation. Let me just preview it for you now. We'll have Victor Dober walk you through the streetscape. We'll have Albert walk you
through the architecture and the design. We'll have Andreas walk you through the landscaping because we did hear a lot of comments about landscaping from this body previously and from from the planning board. So we took time to carefully walk through the landscaping on as part of this presentation and then
after that we'll um come back and address the particular questions that that I have on my list. Thank you for your time and again we ask for your support and approval this evening. >> Thank you Mr. Do. >> Good evening. Good evening. Victor Dover, town
planner, urban designer with Dover Colon Partners. We're at 1571 Sunset Drive. I have a little history with the street. So, I'm the team's ancient historian. I since the city's very first handsome anyway, historic buildings were built on
that location. Dorne Avenue's seen a lot. Um, it's been a key place, especially more recently, where South Miami folks have worked to put our aspirations for what the future of the town should be on display for everybody to see it. And for the last few decades,
it's basically provided the postcard picture of who we are. when uh our community came together in 1992 after Hurricane Andrew uh for the purpose of deciding what downtown South Miami should be when it grows up. We
arriving you of course eventually at what came to be called the hometown plan. Uh this block of this street, the block you can see from the Metro Rail platform was selected as the place to start the implementation of the hometown plan. Joe Cole and I had a hand in that
our uh in our early 30s. a long time ago and we designed the rebuilding plan for Dorne Avenue. I will tell you it was our first street design. It was also the first time in about 65 or 70 years that the city had undertaken
any similar infrastructure project and it was a real stretch. There was a public private effort. Um a lot of creative fundraising took place. the combined work of people like Susan Reading from the Chamber of Commerce, uh
Karen Dorfman, Lydia White, and John Sorggy from the Red Sunset Merchants Association, who saved money for years to rebuild Dorne Avenue. Uh and uh then city manager Bill Hampton, who was very creative. He he got the city commission excited about the idea of using a local
option gas tax for a couple of years so that uh when people bought gas in South Miami to run their cars, they contributed to a pedestrian improvement on Doran Avenue. Now, those folks have all passed away. Uh so we will u honor
them if we succeed in converting this place. Uh again, they were devoted to the idea that we'd take a nowhere part of downtown South Miami and turn it into somewhere. This would be a great address. And if we get this newest upgrade right, we're just continuing that process. I will say uh you've
probably seen the before picture, but in case you didn't recognize it, it used to look like that. Um it changed rather dramatically and some of it worked really, really well. Um Dor Avenue went from grayer to greener. Uh we slowed the street down and made it safer. It went
from being a space just for cars to being a space for people and the businesses thrived Deli Lane and others. It went from being kind of a forgotten alley to being the social center of the neighborhood and that's what we want to hold on to with
the redesign. We also didn't know what we didn't know and uh and we've learned a lot about street design since then. Some of you know I'm a little obsessed with street design. Its age is showing.
The Chicago bricks have been crumbling since the day they were installed. And 30 years later, the Dorn Avenue does look a little tired and worn. Um, its trees are very vulnerable as you heard mentioned earlier today. And the whole thing is in need of a timely refresh.
Here's our chance. So, I was honored when uh Avalon Bay folks called and asked us to help redefine the street again. Uh our firm worked on concepts this past year for Avalon Bay and then landscape architect Andre Sil who who from a moment has evolved it into the
design that we're about to show you. The new design calls for a complete reconstruction. That's a chance to really bring it up to modern standards. U it would allow for more natural adapting to special events if you decide to close the street on occasion. Really importantly, it will
reduce greatly the number of trip hazards that we have out there with the current curb design. Uh it will better calm the traffic uh with the cobblestone uh design for the center of the carriageway for example. And then most importantly, I think it will allow for
trees to really thrive in that location getting their planting detail right. There were I'll just finish with this. There are a couple of important ideas in the hometown plan that for many reasons just uh didn't get accomplished, at least not yet. U but here's a chance to make a couple of them come true. First,
we called for a significant downtown residential population. That was the ambition of the hometown plan in 1992. Uh we wanted to make this area around the transit station a true 24-hour city. And now, as as Jeffrey mentioned, that is finally happening.
We need more souls downtown. That's what will have the mightiest effect on our main street businesses on Sunset Drive, on Dorne Avenue, on 73rd Street. This project furthers that aim and that's one of the reasons I'm enthusiastic about it, but also we get a newer, better Doran Avenue in the process.
Second, we call for a more interconnected downtown, especially for people who are moving around on foot. This project includes a proposed reimagining of the key segment of 73rd Street, not just Doran Avenue, and a proposed new crosswalk directly to the
underline uh as shown in the plans before you. This is another big idea that was in the hometown plan uh that we finally have a chance to make happen. So, as the team's ancient historian, I'm happy to answer any questions you might have and uh on how we got here and why
I'm so encouraged about this. >> Thank you very much. Thank you, Victor. Good evening, Mr. Mayor. Uh, vice mayor, commissioners, Albert Cordov with Corwood Architects, um, with, uh, 4210 Lagona Street, Coral Gables, Florida. Uh, extremely happy to
be here today. Uh, and firstly, again, thank you for your time. I know it's a long night. I'll try to make it as brief as possible, but we're very excited about this project. This is one that we have been working for quite some time with staff in a very collaborative effort uh with our client who I feel
honored to be doing another project with the city of uh in the city of South Miami and uh with our developer and client as well. Um this is one incredible location that when we looked at it for the first time we said my god this is what an unbelievable site what
an unbelievable location to really develop into into a truly great project. And I think that's what I truly believe that's what we've done today. But very soon thereafter we learned that it's a very challenging site to design again geometry what we needed to contend with
uh in terms of the highway to the north uh to the west. um very challenging. Um we put our brains together, we put our minds together uh collectively, as we've all mentioned this this evening with city staff, our clients, but the goal
was always set on really truly keeping and maintaining that pedestrian realm and taking it to another level. Um starting with Dor Avenue. Um and you'll see that that's essentially what we've done today. We started by essentially doing that and
proposing almost 90% of our ground floor perimeter with active spaces. We're anchoring this building with truly unique great retail spaces almost 18,000 square feet. The main corner, the southeast corner is being anchored by a great space. Um, and I'm turn in terms
of height, in terms of uh location, in terms of access to those spaces. uh and continuing that policy of of truly creating a great pedestrian realm. Uh one of the things that we wanted to do is make sure that traffic and uh is away
from pedestrians and for that reason we minimize the curb cuts on on the site only producing that uh two-way or one way actually two uh curbcut design which are very essentially united on 73rd. One
takes the traffic up to the garage. one deals with again another great point and I think that this is what a lot of projects have is a true internalized service and loading function. And when I say truly internalize um internalize the the loading spaces to
access all the retail spaces to access the the service core we have for the building and to maneuver those trucks within not necessarily outside it. with a oneway out to South Dixie. I think we minimize any impacts that the vehicles have on again the beautiful pedestrian
realm that we're creating uh on this particular building. In terms of uh in terms of parking access, as as I mentioned, it's from 73rd. And although the logistics and the shape of the site was was very challenging, we managed to to put
through a very very uh efficient parking circulation, very workable parking circulation. We use that interior corner triangle to house our main core. Uh we have three cores, three elevator cores on this building. One is the centralized core that you see uh in that center
portion of the parking, which is actually our main core. as access to our lobby from ground level at Dorne Avenue. Uh we have another one to the west which is a service core and we have a small core um to the uh south on 73rd with an
elevator to access those uh um people that are coming in uh for the retail. Uh so they can easily come from the second level which is the retail parking to ground level and and actually walk right immediately into the retail establishments. Pretty
much those levels are typical up to fifth with just articulation that you'll see in some of our renderings. And then we get to one of our pride and joys of this project is when we start breaking up this massing intentionally as we have here. This is uh this represents our
sixth level which is where we have most of the amenity package throughout the building. a building that it's incredibly amenized. And we did this for a reason because what one of the things we wanted to do and you'll see that the massing articulates itself is terracing itself in the upper floors as well. It
changes height. It breaks up on this one particularly with the pool deck and most of our amenities. We wanted to break it up. The southeast portion that you see here is a double story height that you see from our renderings that it's essentially uh articulated out taken out
of the so that we can have within uh views within and from that particular coryard. We have prevailing winds and it really does a beautiful number on the massing itself. Further up we have further amenities. This is our penthouse level. As you can
see we tear us back from the south. We tear us back from the northeast into a beautiful courtyard, beautiful lounge that we have sitting on the top. Uh the remaining are are the units and the elevator course and stairways that we have on the building. And and this is um this is one of the
renderings. This is the main focal point from 73rd and Dorne. Um you can see the main retail uh uh frontage uh that we have on Dorne. the articulation and the u design that we used for the podium. Uh
we used a penistrated uh perforated screen uh with multiple multiple planes. Uh we also brought down the same geometry and architectural scheme of the building to several places within the
podium to further unify the tower with the podium itself. The tower itself we uh as opposed to being rectalinear as we did on our first project right caddy corner to this we went softer with the coral linear balconies we thought that was a very elegant way to uh do a more
organic shaped tower uh and it's just a softer on the eyes and I we thought it was extremely extremely beautiful with the curvature and the the shape of the site itself. Here's one of our our actually views for
the project. This is uh we used a flat iron design with again the wrap the balconies wrapping all around this corner. We think this is going to be a truly iconic uh feature on the side when we look at this corner from that main focal point of South Dixie and 73rd.
I think we talked about uh scaling back from 73rd. Close attention was also paid to that. You can see the the two stories existing historical buildings. And then we gradually step up our massing until we get from from the podium first level. We step back at the tower. The tower
steps back from the podium uh from the podium level as well and within its frontage to Dorne Avenue itself. Here's another view of the carving out of that particular southeast corner of the main uh floor with the housing
amenities and the pool deck. Again, heavily landscaped, heavily amenized throughout. Again, another aerial view of that iconic uh element on 73rd and South Pixie, that corner. And we bring you back to this last
picture, which which really says everything. Uh taking that pedestrian realm to the next level. Uh bringing in some really incredible retail spaces throughout uh most of its perimeter. uh true spaces and um I I think it
culminates into a great project for this community and the city of South Miami. So I'll be happy to answer any questions you might have. >> Colleagues, any questions before we let Sir go far? >> He's not going far. >> He's not going far. >> Okay. Do do we want to do we want to
colleagues? You want to go through the whole presentation? Okay, we'll come back to it afterwards. Okay, fair enough. Sarcila, good evening. >> Good evening. Uh my name is Andres Arcila. I'm a landscape designer, principal of natural official landscape architecture and design. Um with offices
at 5879 Sunset Drive. Um I've been in the neighborhood for about now 11 years. Uh was previously uh a little further east, but now have relocated basically
150 steps away from the site. um have if you jaywalk but nobody has done that. Um with that said uh we were extremely um happy and proud uh when we received a call uh from our friends at Avalon to
join this project. Uh we learned about the the project team obviously um Victor uh Cole who has a history with with the project. He came to our office. Uh it turns out to be that actually the space that we currently house is the space
that he was in back when he designed uh this streetscape. Uh so here we are. Uh and then of course working uh with Corwell and Albert um who's done an amazing job with uh this project and then with the Avalon team uh which we
have some history in some other projects um and uh we did walk the Avalon uh one uh project uh and through walking that project I realized u of course aside from what we've been doing with them and
other projects that they truly do care about their product particular on that project in terms of uh the improvements that they did on the streetscape. Um they did the paving the right way. Uh but more importantly in terms of the trees that were installed uh in the
landscape they did do the the right uh soil amendments brought in uh uh s silver cells and structural soil did root barriers. So I I think uh that speaks to volumes in terms of uh the care that they give to uh the public
realm in their projects and making sure that it's something that is going to have uh long longl lasting value. Um so so with all that said um I think for us in particular, Dor Avenue is the story about the legacy and beautifification of
downtown South Miami's most recognizable and beloved streetscape. We intend to uplive its charm and make it a gem that will bring long lasting value to the city, its residents, tenants and visitors alike. Um so I will move
quickly through some of these slides. So here is um the the uh the floor plan for Dorne Avenue. This uh depicts the existing conditions as they are. Um I think I don't have to
go into many details uh based on what's been sort of shown but obviously the main things that that need improvement are the paving for reasons explained by by Victor and then the trees uh which also um have been sort of noted by the
team and public members and members from the public here are the proposed conditions. So I think just at a quick glance uh on this streetscape plan you see that one of the main things that we've done is we've brought in a lot of
greenery at the ground plane. So that does a couple of things. One we are introducing uh the proper size um planting beds to house these new large trees that that we're bringing in. but
also to kind of bring uh more uh vegetation and nature at the ground plane and and variation uh to soften things up and make it more more inviting. Uh along with that, we are improving the the main street uh by
changing the the paving to a cobble that will be actually laid on a concrete slab. So there will not be uplift uh in the future. And then we're doing new pavers on the pedestrian areas. This is the proposed planting plant. So
also uh we are increasing the number of trees uh both on Dorne Avenue and then of course within the property uh on the side of the development. We're also uh bringing in new trees to expand the
landscape in that area. Um here's a rendering of one of professional renderings looking at the entry of the building. One of the things that I will say about the way that we approach this as a whole meaning the the team um you know uh we
actually were also involved in the articulation and the design of the entry to the building. So this is not a project uh where sort of the architect just designed its mass and its envelope and kind of made a a glass wall or an
entry to it. But actually here you see the articulation of the entry where the landscape actually becomes part of it and it slips into the building. So we work together on that. Here's a a mood uh board of some of the inspirations uh and character images of the materials.
So we did look at other pedestrian uh realms that we thought were successful uh throughout South Florida. So we looked at the the scale and charming character of Spanola Way in Miami Beach. And then we looked at Rosemary District
in West Palm Beach uh which they did a great job also in terms of curbless conditions. And then of course uh the design district which has taken a lot of care and pride in terms of their vegetation and making the environment feel lush. Um some of the bottom images
the bottom left specifically is the cobblestone that we are specifying for this project. And then here are some of our renderings, meaning some of the renderings we uh produce uh in our
office uh which I think uh describe what the intent here is and what we're ultimately looking to achieve here. So this is a view looking north. Um, so as you can see the change of pavement, curbless conditions, uh, the new trees,
and then of course the new vegetation at the base of these trees. Um, here's a a view uh, looking northwest at the intersection. One of the things that you would note about the way that
the building was assigned is that that's souththeast corner of the building peels back. So that provided an opportunity for us to uh further enhance the landscape. So there we are proposing this uh majestic uh shade tree with a
bench. So to make it sort of an anchor feature for that corner and really uh highlight that that area. Here's now um a view looking straight back uh towards the building. So I think here you get a sense of that curbless
condition of a parking style the ballers and then the depth of the pedestrian realm uh all the way back towards the glazing of the building. So it's layered with the landscape. It's layered with sitting and outdoor opportunities. Uh
this is going back to that uh anchor bench in the corner. Now looking norththeast and that basically concludes the the landscape uh part of Dorne Avenue. I think as they go through through the
slides uh you would also see some quick renderings of what we've done on the pool deck uh which is also pretty interesting. >> Thank you. Oh yes. Uh excuse me one second. I need a motion to extend the meeting uh to
11:30. >> I'll move the motion. >> Is there a second? >> Second. >> Okay. So, show the meeting extended without objection to 11:30. >> You're objecting. Yeah, >> I got to work later. I object too. >> Uh good evening everybody. My name is
Mark Shriber with Avalon Bay Community applicant with offices at 200 East Brow Boulevard for Florida. going the wrong way here. Um, so I'm gonna try to rattle off as many of the questions as I can answers if I can get back.
>> You got to start over there, Mark. >> That was an incredibly persuasive presentation. >> Done. Thank you. >> Just go back. >> Extend the meeting. >> So, um, I'm going to hit the timing of Delhi Lane first. And before I do that,
maybe just I'll give my personal incentive on the timing. So many of you know my children were born here in the city of South Miami. After those doctor's visits, we would go, as tradition, eat lunch at Delhi Lane. And so when I first told my wife about this project, she looked at me in the eyes and she said, "Mark, if you are the evil
developer who demolishes Delhi Lane, we're going to have a problem." And so I can just say that there's some personal incentive here to make sure that Delhi Lane is relocated successfully uh to the corner. So, as we heard earlier from Mr. Poente, they are under they have their
building permit. They've started construction. Hammers are swinging. We anticipate that they would relocate in September or by September. Uh and at that point, we would move to demolish the structures on the site. Somewhere before that, we
would close on the land presumably in July. The parking for Deli Lane. So is we're actually going to provide them 15 spaces in our garage. Um in addition to that, just to address some of the retail
parking, we're parking the retail. >> Just if you can provide by way of comparison quickly, how's that compare what they have today? Roughly the similar. >> So they share that April with other people. Yeah. >> Yeah. It's less than what they have in the lot today. >> Okay.
>> So the but that lot is kind of shared amongst all of that. Um, so we'll provide them 15 spaces. In addition to that, we park our retail at four per thousand, which is pretty uh, you know, I'd say for urban retail, honestly a
little generous. That's about 70 spaces based on the 18,000 square feet of retail. Um, and then after that, we'll have a an access control gate and residential parking thereafter. Our total parking is well above the code
requirement. So, you know, we are looking not as let's build the least amount of parking we can to reduce cost. As a long-term owner, we're trying to rightsize the parking and make sure that we're successful in lease up the retail and everybody can thrive.
Um, I think those were the parking questions. Uh, I know Commissioner Kai had a question about construction worker parking. I mean, our intent is that all the workers are parking in the garage, not in other on street parking spaces in and around the community.
um if that was that was the concern there. The elevator um we do have an elevator to the roof. We have two roofs. So the low roof the elevator comes to and stops on on that level. And then there's an
exterior staircase up to the high roof that people could use if they need to access that. So you take the elevator to the roof and then go to the uh the high roof as well. But that high roof is split air conditioning units and things that they can take up.
>> Sure. >> So, so you don't foresee needing cranes there after this building is constructed. >> That's the goal. Yeah. I mean, a re- roof or something. >> Obviously that scale, right? I mean, I'm sure at some point there would be, but
yeah, most most buildings would not provide the elevator to any, right? So, I think Something again just from our operations team that we've learned just to make everything easier is to is to have that
um Lisa just on that question since we're on you I'm going to flip back to one of these renderings. I don't know if you pick this up >> but this bench >> you mean the bed >> so that people won't be able to sleep. >> Thank you. I I notice your fur
scribbling there >> when you show that illustration. He was already laughing at me because I wrote anchor bed equals bed >> press. >> Um all right. And then grade changes. Um at this point we don't anticipate any. I
know you know we've not obviously fully done all of the grading in particular for the proposed streetscape improvements of raising the intersection and south side of the crosswalk. So at certain transition points we that's 100% the goal is to not have any steps and
that's honestly raising and some of the splash might make some of that easier to manage. >> Um, Mr. Bass, how am I doing on the list? >> Question first from the mayor when there was
discussion of how much of that linear frontage was open to the sky and I know we had a drawing on that. >> Yeah. So I think maybe we can best see it in this rendering and Albert if you want to also chime in here. Maybe this
one here. So there's there's an overhang and the brow and that's really you know I think that retail glass is probably 18 ft and the intent is that we're providing this open space but our vision is that there'll be outdoor seating there and if we have some permanent
cover it's more usable for them. It rains, it's hot, it's sunny, but it's open along that entire distance. >> Thanks, Mark. In the actual outro from the cover space, >> your name, >> sorry, Albert Cordov with Coral Architects, and the eyebrow is actually
protruding 5T from the uh cover portical space. >> Okay, great. Thank you. >> Thank you. >> Well, we have Albert up there. Can I ask another question that way? Can we can we uh move forward to the um the rendering uh the southward facing rendering just to illustrate a question I've got.
>> Go down one more. That was the one that's a little bit more direct. This one. Perfect. >> Sorry. >> One went one forward. Either one works. So look, I um one back if you can. This one. Perfect. So I mean obviously you're treating the garage with a metal
mesh, right? And we've got that condition on three sides of the building. It's a pretty significant expanse. And so again, I understand functionally you need that for ventilation. What I'm wondering, we've have another project in the city which I've talked to
developer about. They're coming through the process. Staff is working with them on design revisions. Same condition. I don't know if you're familiar with the condition in the design district where there is the garage that faces I 195. you're going to have a significant art
in public places contribution that you need to satisfy. I would I would like you to think about how you can treat this metal mesh as you know art in the design district they have a John Buliser I think image on the metal mesh I think
it's a very elegant way to treat the um treat that condition functionally it serves the same purpose but it gives it a much different patina to the building right now this is highly functional and necessary but it creates kind of a a big um chasm right in a significant part of
the facade and and I don't you know again I invite the team to think about you know what imagery is the right imagery for South Miami you know um but certainly something you can talk about with the garden public places commission. Yeah. Yes ma'am. >> As long as we do not use the metro rail
parking whatever they did on that. Do not use that as your example of what is okay because that is horrific. >> What condition is that? I'm sorry. You know when you Is that what it says? >> It's got like numbers and it says crossroads. They like stuff letters on
there and I think they're calling it out in public places. It's just >> I'm like I'm trying to invoke the idea of the design district which is a little bit more refined. >> Yes. Much much better. I like that >> in terms of the execution. So I think there's three distinct opportunities for that kind of an activation. If again just if you can put your best thinking
on that we would appreciate it. >> Absolutely. I think it's a great idea Mr. Mayor. Thank you. I'm just keeping score, making sure that I that I answer your questions as as as best as I can. So, there were I still have a couple on my list. >> Go for it. Yeah. Go ahead. Go ahead.
>> Um there was a question um and a condition about bikes and scooters and micromobility. If that's a condition, we accept it. However, however youall want to handle that, that's that's good with us. Um there was a question about um the time frames with respect to the north
side of 73rd Street that I wanted to ask Mr. Shriber to just address because he's in the field um on that and then perhaps with those comments we could arrive at whatever construct Mr. Mayor makes you most comfortable that that time frame has some guard rails around it.
>> Thank you. >> So the um the the work on the north side for phase one I think the intent was that we were getting through this stage u in terms of design and streetscape so that whatever we do on the north side is
consistent kind of moving forward. So we're ready to do that work um as soon as possible. I think our hesitancy to the strict condition as you wrote it was if one of the neighbors on the north side or something out of our control
comes out and there's some delay related to something kind of outside of of our realm. That's why we look to modify the language. >> Again, I it's our right away. I mean, we definitely need to consult with them and advise them that it's happening, but you
know, again, I'm not sure that we need their their express consent to do it. So, I don't know if Mr. Manager, Mr. Attorney, if you've got a a different opin different different opinion on that. >> No, I I don't believe we need their consent. I think there was there was some concern over over a portion of the
ride of way that has uh that has not been dedicated but has been maintained by the city for years. I think that's the the concern that that they're expressing. >> Okay. As soon as that there's like clarity around the time frame of the resolution of that issue, then we could find that
as a critical path to getting >> Okay. Do we want do we want then to have it be the earlier of a date and maybe one of the triggers is in fact our ability to procure that missing dedication.
>> Yeah. If it's key if it's keyed off of that then we're good. You know, we just didn't want to get upside down on on that obligation. Is that >> 12 months, 18 months? What do we >> Okay. >> Okay.
>> Okay. Well, let's let's do it within 12 12 months of that date. Okay. >> That was your 2.7. That was >> completed. Completed. Correct. Yeah. >> May Mayor, I didn't hear the last comment from the audience. What was >> the last comment from the audience was uh they're being very aggressive about
when they thought they could complete >> Yeah. This is my name is Micah Khan. I'm with Avalon Bay, 200 East Broward Boulevard, Fort Lauderdale. We could have it completed within a year from that date. That's fine. >> Okay, fair enough. >> All right. >> Okay. Thank you. >> That that works.
>> That was 2.7. >> 2.7. Okay. >> Keep going. You're doing a good job. >> Thank you. If only I could read my own handwriting, then I would be confident. us to throw. She's got uh we've got a couple more for the day. So, would you like to take those while you figure out your handwriting?
>> No, I got I have uh we're happy to take them, but I but I think I only have one left here. There was the the question comment um by Commissioner Rodriguez about the I'll call it the far side of Dorne. um uh
I I don't think it's beyond the grasp of our reach, but as we've sort of walked through the project and allocated the the improvements within the project site and then those improvements not within the project site and working with your
staff, the the way that we allocated that was we would do the construction, but the city would fund the improvements on the east side But the goal was that they be done together at the same time by the same team so that that seamless end result
product that you saw in the renderings was delivered without any interruption from a remobilization or having to get another contractor out there working on the other side of of that line. So that's how we landed there. >> Ter, it's your your comment. you recognize.
>> Well, I actually and I I just got to clarify something um that the city attorney. So, I I did speak with the developers, but this was prior to the February 3rd meeting, which I disclosed since that February. I have not spoken to them. So, just clean up clean up. Um,
okay. >> I just in again the conversations prior to February 3rd was always that Dorne Avenue was going to be prov was I mean it was it was said that you would provide it. Not at no point, at least in my
conversations was it that the city was going to be providing the co or be on the hook for the cost of the east side of of Dorne. again and you're going to be elevating the the street so it's all one level. How if if we were to say no
that I don't see how you finish it to match the other side. I I you're going to have to do it no matter what. That's that is true. Right. Um, our original thought was on Doran Avenue
you can use art in public places. In my conversations with Javi, he didn't believe that was a correct use of art in public places and we started talking about other ways. Um, and then we also increased scope um with working with your
>> So, let's just be clear though. Um, >> not with you. >> No, no, no. It's fine. But I just want to just want to clarify this point. We're getting four and a quarter million dollars in public benefits plus it's okay. I I take no offense. I I prefer
people calling me high. It's okay. Um roughly it's 1.5% of the construction cost for for a right. I'm going to suggest this because I I I >> 1.5 is half of what we'll get. >> Correct. Okay. But we also picked up
>> we also picked up I think what our our friends at Avon Bay would say would be some unexpected unexpected cost in it for them which is a $31,000 in terms of the mitigation for street parking. So maybe you give them a spoonful of sugar
helping medicine go down. Is that something we want to credit back to them in exchange for doing this improvement? I'm just I'm trying to figure out where you >> Sure. >> Your impression was they were doing they were doing improvement. I had the same impression, but I I never
clarified. So, I didn't push. >> I never I never I guess I don't know what your conversations were, but my conversations were yes, that that was going to be provided as part again. And I I I and I figured there's no other way because like you just said, there's no
way of matching up there. So, it's kind of like, you know, you you you touched it, you own it kind of thing. Um >> true. And if we I think your code allows us to use half of the public art our contribution for that and we can do
Doran Avenue if we use that. >> Okay. >> This was just another means that um we don't we don't have the touchdown. We can use that for art. >> If our if our code says it then I you know >> or or they could build a standard condition. I mean that's another option they have. They can present >> which they don't want to do.
>> Oh we don't want that either. >> We don't want that either. So I think >> either way I'm good. I mean, if you want to if you want to give a concession as far as >> again, I love the project. I've told you that from day one. I want to see this happen. I understand the other side of 73rd. That should definitely be on us.
The the dor one is just the one that caught me by surprise today when I found out about >> Let me and let me clarify. My my concern about the idea of credits was that, you know, we have other projects. Uh I I see our you know um public benefits as
basically land acquisition costs on the part of the developer as one of the you know members of the public mentioned we're giving them bonuses to build more right so to any of those dollars should come to us near site plan approval not be deferred uh to a date closer to
building permit um we've had some other had another request where folks are looking to defer that expense so I didn't want to set the precedent with this project of deferring those the receipts of those revenues I'd rather have and pay us and work out a a development scheme where we leverage,
you know, their design uh their design work. We leverage their buying capacity to execute the improvements and we contribute back a portion of the money they're giving us through the program. So, um, you know, again, whether it's art and public places or public
benefits, I not care. For me, the bigger thing was dollars to us and we decide what we give back by way of helping to facilitate, you know, this contribution. My conversations with uh Mr. Khan were roughly the two segments from the center
line to opposite of their property was going to be $2.5 million. You know, >> Dor and 73rd Street >> 73rd and Dorne. Yes. So, that was what we had talked about. If I'm mistaken, you can correct me. That's why >> that's correct. But it's also important
to note that we are greatly enhancing >> Yes. >> our half >> Yes. >> um of Dorne Avenue which is the code requires us to bring it back to the current condition. We are greatly >> you're going well above the standard and we and I think >> we know that. So again, colleagues, we can talk about
how we we think it's fair to a portion of that cost. Again, my thought was it's $2.5 million in a number. Prove it to us, right? We can we can reserve the right to contribute up to that amount. And our statement in this agreement is to that effect. Again,
>> how much is the the art and public place? It's one and a half%. >> It's it's one and a half percent. Half of that, which is 75% of their construction cost, is available for right-of-way beautifification and placemaking enhancements, which include uh landscaping, hardscape, street,
street lighting, painting, signage, street furniture. >> How how much is that? >> Uh it depends. What does your construction cost roughly? >> What roughly? What is that number? >> It's uh will be 750 towards streetscape. So AIP contribution.
>> So we just call it even Let's slow our roll with the art and public places money. They're handing us four and a half million, but they're handing us $4 something million >> completely independent of that. Am I wrong? >> So, you got $4 something million in this hand and 1 whatever this hand. This $4
million is more than enough to cover the 2.5 that we want to do on the street. We don't need to take art in public places money to say, "Oh, no, but for real, we're going to use 750 of Art and Public Places." >> The question I don't think the question is, let me just to clarify the issue
just so we we're all >> forgetting I because I didn't want to get into an argument about pots, >> right? The question is what do we want to contribute back, right? So, the question is, is it $2.5 million or is it something less than $2 and half million dollars, right? That's what they've told us they think the cost is. If we say,
"Hey, that segment is on you." The estimate, I believe, Micah, you share with me was about a million dollars for the Dorne segment, right? So, the delta, the delta for us is, is it $1.5 million we're going to contribute back if we say, you know what, too bad, so sad. You've got to build it to this
heightened standard. Maybe they agree to that or not. Or do we want to meet them somewhere in the middle? Or do we say, look, we're raising the standard. We're getting a better quality product that we're getting otherwise. it's, you know, essentially their money that's paying for the improvement at the end of the day. And this is one of the eligible
uses of any of these pots of dollars, right? I'm, you know, again, I'm fine with the $2.5 million going back. I'm agnostic as to this force, which is why I wanted to keep it somewhat neutral um to avoid us fighting over what the right pot is. But to your point, there's
plenty of money in the public benefits spot to do to do the contribution. So, we're we're expecting that there's a art in public places money that we're going to get, but as the mayor just said, if they do something very artistic with the metal,
there's no money coming to us. They're they're doing their art in public places and they're covering it. So, that money you thought was coming to you is no longer coming to you. >> I'm I'm not looking at it as >> I'm just saying there's not necessarily money and and I'm not looking at it that
way. I I'm looking at it as the money that is earmarked for art in public places actually is used for art in public places. It whether it's the screens, whether it's, you know, a bottom corner of their building,
whatever it is, I I just don't want us bastardizing those funds for something that really isn't the >> Again, technically it's not bastardizing because it's authorized. So their their assumption is not unfounded. >> I I agree. I had the same reaction you
did. I'm just again being fair. >> We you know what we envision is one thing. What we wrote is another. And their assumption is not unfounded based on what's in the rules today. >> Mr. >> Yeah. >> From somewhere else why you >> That's why I asked specifically so I wouldn't spend 10 minutes on this conversation. I anyhow
>> uh failed in that miserably. Commissioner Gay, you've been very patient. Um, so we said the art in public places is is is 1.5% of construction costs. Is that correct? >> Yeah, it's 1.5 million is what they're estimating based on their current
construction estimate. We've got four and a4 million coming to us from public benefit contributions for the bonuses. And then we've got another $31,000 um as the mitigation for the loss of the five on street spaces. So, my math is
just under $6.1 million coming to us in contributions from the developer. >> And by the way, the way we split that up and what you guys are talking about, Mayor, I'm okay with everything you just said. My only my only question is that my math isn't making sense that this is $100 million construction cost for this
building and that's what's going to be in the permit because it's 1.500 million. It's $ 1.5 million. >> Yeah. Uh, Commissioner Kai, yes. The current estimate is around $100 million. We'll obviously have to finalize that
once we finish our drawings and come to a building permit. >> For some reason, I just thought it was going to be a lot more than that, but that's that's fine. Um, but mayor, going back to the uh going back to the um your point of of where potted comes out, I
agree with you. I think that I'm okay with paying the $2.5 million. I think that having the builder and the and the and the construction company do that right off the get- go that we don't have to do it ourselves. We don't have to outsource it. Everything's done for us. It's something that beautifies the city. That's something that we knew we were
going to go pay for it. We have a good partner that's going to go do it for us. And hopefully uh as we continue this process, we can do that on Sunset Drive and down all the avenues that go into 73rd Street. So, looking forward to moving this forward. >> No, thank you. Thank you, Commissioner.
Um just on on this point assuming we are fine with a $2 half million dollar contribution. My question is once we finalize the budget my only request would be that again we agree scope we agree on budget that on the execution your client accept the any possibility
on cost overruns. Right. So since you're delivering since you're delivering the the improvement. Okay. So, so again, Commissioner, can >> you answer that question with a resounding >> Yes, I saw the the very enthusiastic head nod on the part of uh Mr. Khan. So,
I have I have one we're going to need to extend again. We have I have one question on the on the landscape plan, excuse plan for Dorne, and it's a it's a question that was an issue was raised to me by some of the neighbors. Again, they're not opposed to the improvements, but there's um as you know, the alley that exists behind the commercial
structure uh that faces 74th is actually going to be used for access for the new bank building. And so, that uh closed loading condition is going to be lost. So, they had approached me about the possibility of having >> You said 74th Street. You're talking about right behind the uh
>> the liquor store. >> You said 7. You say, you said 74th Street. >> The the commercial property facing 74th Street. So, their loading right now happens in a small deadend alley uh at the rear of that building. That condition is now going to be opened up to provide the new bank building on
Sunset Drive rear access. And so, that loading space is effectively going to be lost. So, if you can go back to the uh streetscape plan for for Doran Avenue, the question I had is where would it make the most sense to provide the
possibility for on street loading um as a modification to what you're proposing? >> And I want to be respectful of the fact you've got a residential lobby entrance near there and but also want to make sure that we're addressing what's going to become a functional impediment to for those neighbors. Mayor, if I may add
while they're looking up at the drawings. >> So, Mr. Mayor, mayor. >> Yes, sir. You please elaborate. >> Um, yeah. So, one, I had the same concern. Mayor, you speaking to some of the residents in the I mean some of the tenants in the area is if the loading
opportunities for all those restaurants that are across the street all the way from Sunset to 73rd Street and the retail allocations there, we really need to make sure we understand the loading opportunities for those particular restaurants. So, um
>> yeah, I think if you go to the landscape section, it probably a little bit clearer. I don't know if you can. >> Yeah, just it just doesn't show where we've actually proposed an on street loading location on 73rd Street. Sorry. U Mark Sh with Avalon Bay. Um in red
there. So in conversations with um with Mr. Riverall and the manager and the DRC, we debated kind of whether or not to have the pickup drop off spaces that we mentioned that Mark Alber has mentioned before and also this on street
loading. So, this is four parking spaces that's contemplated to be, I think we said, from 6:00 a.m. to 11:00 a.m. on street loading for anybody in the neighborhood, right? So, the restaurant purveyor trucks that just sit in a lane, block traffic, we would provide a space
for them uh to do that on street loading. And you know hopefully you know what we've seen in other districts downtown districts is that these on street loading spaces are then distributed around the downtown core at some spacing. >> Agree with the concept so and applaud it
but the condition is not the concern is not on 73rd. Um the condition is on Dorne. So, we've got uh >> if you go if you go if you go to the landscape slide, I can kind of tell you exactly the the the uh the section that uh is been the flash
point. >> Mr. Mayor, if I may add, if if you if you Mr. Shrivever, if what the mayor is speaking about, if you would needed to load for Delhi Lane, where do you expect that to happen? >> So, Deli Lane has a you could see where the
their building is the white building on the bottom left. There's a curb cut there where they'll have their trash, grease trap, utility connections, uh, right behind the building. So that's where their trash and loading will take place.
>> Okay. The condition though is on the on Sorry. Go ahead, Mr. >> Yeah. >> And Andre Arcilla with Natural Fishial Landscape Architecture. If you're referring to the east side avenue, as you can see, we still have the access.
So which are the the double gate that's there. >> Yeah. That So my my point is functionally that's not going to exist any longer because that's going to become an access way to provide the new bank building on Sunset Drive access to the rear parking. So that's going to
become essentially a driveway. And so the the loading that now happens off street in that space is going to go away. So the question is, you know, again, to my my solution as a non-designer practitioner would be to
look at losing the it looks like the two large oak trees just south of there and provide on that east side, you know, maybe the equivalent of two spaces as a low designated loading area that could then double as parking in, you know,
hours beyond, let's say, 11:00 a.m. similar to the scheme you're employing on 73rd but here to service the corner building uh monola there's a small another small uh food and beverage establishment and the liquor store which
also has loading needs that's oriented to 73rd as well >> so that that is that is the conflict point that I'm trying to resolve >> okay so understood so the concern is about loading um in terms of the trees >> right from from our end we would be
hesitant to take out two. Um especially because it's >> what I was thinking is the you right now have got going from south to north you've got that large specimen oak a parking space another bulb out for an oak. Why not make that a two like the
equivalent of two? So you could actually colllocate two trees there and then leave um the last two where the last two trees are shown leave those as parking loading. That way you keep you lose one tree but you kind of consolidate it that way. >> Understood. >> Yeah.
>> One other thought and question. >> Yes. >> So, does there need to be a curb cut to that alley anymore or there will be no traffic headed to the alley? >> Yeah, there will be traffic headed to the alley again. It's going to be providing rear access for that new building. >> There is a parking space before the
gate. Does that also get eliminated? You can kind of see the white rectangle to the right of the double swing gate. >> Yes. Yeah. I I don't know the answer to that question. >> The answer is no. It does not get eliminated. >> Can I have a motion to extend the meeting to uh midnight? Is there any
objection to the extension? >> Is there a second? >> Second. >> Okay. Without it, we have a motion by Comm and the second by the vice mayor. Without objection, show the meeting extended to midnight. >> So, uh, two thoughts just live right
here. This plan, the crosswalk on the right hand side of the screen with the implementation of a raised intersection that we've hopefully agreed to find funding for here. That crosswalk
would move. You would just walk across the intersection, right? So, there might be a way to adjust at the end of the block uh one of those last trees by the crosswalk area. Be hesitant. You know, this is also right ac
>> That's why I mentioned it's right in front of your lobby. So that's why I wanted to raise the question because we're going to need to make an accommodation whether where on that street >> it least diminishes from obviously the sense of arrival for your residential lobby is a concern for me certainly. So I wanted to ask you
>> where we could make that modification. Yes, Commissioner Caya. >> Mr. Mayor, so right in front of the lobby and I don't know who's up at the at the podium right now, but right in front of the lobby you have the most extended um area for street parking there. That
looks like two spots uh pretty wide. Can we use that as the loading zone for a specific time zone? >> No, the thing is I think I think we're I think their goal would be to avoid the visual and other conflict associated with having the loading
>> directly in front directly in front of their lobby entrance. I mean, >> they were going to have it no matter what on that that same idea you just had. It's the same it's the same concept. >> I agree. I'm I'm wondering whether we want to offset it further down Dorne Avenue closer to 73rd. Mr. Cordovas, if you have an idea, I'd love to hear.
>> Thank you, Mr. Mayor. I I think there's definitely ways we can study this on the east side. I we're thinking of potentially unifying both of the initial parallel spaces and moving the tree islands so that we can have both the the loading space and the trees that we uh
that we want to accommodate. But I think we can uh come back and study that and and provide the necessary loading. >> So, Mr. We can just include a condition in the resolution addressing the need to modify this segment. Again, >> I want to be respectful of the need to balance, you know, obviously creating the right kind of a sense of arrival,
but there is this functionality that's being lost and I want to be responsive to the tenants because we don't want is a bunch of vacant tenant spaces across the street from you that uh just because they can't functionally operate and can't load. >> Yes, ma'am.
>> Sorry. Is there a reason that we want it on there versus where they like they currently have it, you know, right on 73rd is a loading thing. You're thinking that's too far to go. >> I think it's I look, it's going to probably serve the corner the corner
restaurant that's now being retened. It's going to serve one. It's going to serve the other small one in between. I think if it's on 7, we don't want it on Sunset, right? I think that's a given. >> Um I think 73rd It's probably just too
far for those uh establishments closest to Central Drive. >> Okay, I understand. >> Look, M can I just finalize something, >> please? >> Mr. Mayor, >> I love the landscaping plan on like I absolutely love it 100%. I've never seen
anything more beautiful. We just need to come up with a plan to figure out how to how to do that. So, I'll leave it in the experts hand to figure that out. Um, but I I mean I've seen it firsthand and I I went through there and that the the the
opportunity to offload on Dorne is very complicated. >> Mr. If I could just ask for what is what is your sense about where we go from here on these studies? Do we work this out? >> I think it's I think it's I think it's a condition to the the hopefully will be a
motion to approve. >> Okay. So condition on the resolution that this >> staff >> correct we worked out with staff. It's just administrative and try to reconcile this conflict and provide some modic loading on on door. >> You're what you said is move that where that car
>> I'm going to leave it to them to figure it out. You know it's just let's let the professionals deal with it. But they know what we train for. >> Yes, please. Yeah. >> Okay. Number one, um the when you're looking at the fresh market, you have kind of like that frosty glass that you
can't really see in in some sections. We're we're not planning on having that in this building in the front anywhere. Correct. >> Let me ask. >> Well, no, I just got that. No, >> no, on the on the renderings is because we don't know what the interior is. So, we do that that effect.
>> Fair enough. Perfect. >> Yeah. If you really want to know, that's really a function of Fresh Market and their layout and their tenity as a grocery store. Every piece of shelving is revenue for them. We fought them uh say worked very closely with them to
mitigate that as much as possible. Uh and we would do the same. We have a very uh very experienced retail team as part of Avalon Bay that really curates the store. It's very important to us. >> But I I I honestly do not want to see that condition replicated. >> It will not be. So, I mean, as long as
we're clear and if I need a condition to address it if it's not addressed in the code already, I think it's just a modification we should have. >> And I I that project in my mind, you understand we wanted to push that kind of creates some momentum, but I don't want to replicate that error again. >> Okay. Then my next one is I know I I I
had this conversation with somebody and I I'm not sure who. Um, there's a bunch of those bricks that are memorialized and I don't know what we're going to do with them or how we're going to do it, but we need to do something because >> well,
so just to bring just to bring context to that. >> Yeah, that was uh that I had spoken to one of the residents that purchased one of those and they were asking uh if once we were going to tear those up. I think we we spoke about this a long time ago >> um that they just want to come and pick
up their their >> Yeah, we we'll do a distra we we'll remove them in in a careful way and allow them to be picked up by anybody that wants to come. Can I suggest honestly my preference would be to keep that history >> this part of the street if there's a way to kind of incorporate >> part of the street it's on the sidewalk
>> it's I know it's on the sidewalk excuse me so I apologize for being inaccurate in the statement point being point being if there's a way to even if it's to satisfy your art public places requirement there's a way to kind of incorporate that history >> into some element of the building you know a tucked away corner so that that
that legacy stays on the street I think it would be an interesting element >> that that's that's coming full full circle here So Andreas originally proposed something like that. So we can >> Thank you. Mind single. >> Okay. So then I have the frosted glass, the memorializing things, and then this
one's just a something from me to you guys. You do whatever you want with it. If you look, you have right now logged as move in parking. The spot that's furthest from the elevator inside your area, you have two loading and one move in. you're
going to have somebody moving in crossing that street internally. So, it's just something for you to consider, not for us to tell you what to do. >> Just to show you, we actually have a separate move in elevator. So, the residential move in is the
spaces on the left. >> The dark purple, >> that's the elevator they're using, >> is a service elevator for the >> Okay. Because I was back right up to Yeah. Yeah. >> Thank you. >> One last question for my my side, mayor. >> Yes, sir. You're recognized. >> And this question is more for Mr.
Shrivever, Mr. Con. Um, and I hate to be a stickler for this, but what what are when you guys are running your numbers, what is your hard cost per square foot >> on the construction chair of the building? >> Yes, sir. Yes, sir. >> Inclusive design or just the >> no hard cost?
>> Hard cost. Okay. Sorry. >> So, our hard cost is right around 400 net. I don't have the gross figure off the top of my head. >> Okay, that's enough. Thanks. Okay. Further comments? Okay. The only other thing I I just want to make sure
is in in terms of the conditions do we as a standard condition require the landscape the frontages adjacent to the building be maintained by the property owner in perpetuity or how does that work? >> So generally we we have that provision for the open space that is provided.
Okay. We don't >> I don't believe we're addressing that with respect to the rightway. The reason I ask is we have some examples here where you know Metro South for example has that condition as part of their DO they do a poor job of maintaining. I'm
hoping that I think it's I think usually works out best when we ask the neighboring or require the neighboring property owner to do that. Uh certainly given hopefully the landscaping level that we have here. I think we better preserved if we asked them to do that not not for the eastern portions of the
southern portions of 73rd and adjacent to their site. >> Correct. So, >> okay, >> if we'd incorporate that. That's the only other comment I had. >> I guess Mr. Vice Mayor, >> very quick last comment. Five years ago, my very first meeting, I voted to
approve the site plan and the uh agreement uh for this. And I just wanted to say back then we didn't have the land use, the zoning that we do today. So, you guys really believed in us before we believed in oursel. But I just want to say as partners helping execute this
board's vision, the city's vision, I really appreciate it. >> Thank you. >> Just one clarification on parking in the garage and I know it mentions, you know, construction workers and shall and so I think that's clear. I think uh one of the things that we learned uh from phase
one um or any project that stipulated that was that the subcontractors were certainly not really abiding by that and that became sort of overwhelming because they were parking on the street u and at times there were a lot of disciplines there at the same time. So is the intent that subs would be covered under the
agreement? >> Yes, it is the certainly the I'll answer that question. Yes. So if you're saying we need more sticks, then I would say let's let's include a penalty provision in the DA and that becomes LDS they can pass along to the
or that can become a um something they contract with their GC around to make sure that they pass along the exposure on those penalties to their contractor so they're enforcing the behavior of their subs. That would be my suggestion for dealing with it. I don't know if you guys have a strong objection
to that. No, no objection. >> We are great partners. Correct. We are our own GC on this project. So, we will be policing it and we will we'll make sure we put that into our subcontractors as obligation for parking.
>> Okay. >> And I'll provide Mark Shriber's phone number. You can always call him >> please. Thank you. >> Okay. Okay. Anything else we need to address? No. Okay. So, Mr. Rescue, if you can quickly
review uh any revisions to the conditions so that we can get confirmation from the applicant that they have no objection to how they'll be finalized and that will entertain a motion to approve or >> and we need to open a public hearing as
well. >> Oh, I'm sorry. Okay. With that conversation having have been had, is there any member of the public uh in the chamber who'd like to address this commission on items three and four? Thank you, Madam Clerk. >> Uh, and we'd like to extend that opportunity to anyone who is listening
online. >> No one's online. >> Okay. Um, we will close the public hearing. Mr. Ry, if you can restate the revised conditions or new conditions. >> All right. So, in addition to the ones that are in your um in the uh new
development or revised development agreement, uh we to expand the bike racks or to incorporate a scooter microobility uh uh storage uh within the bike racks on the rightway. The uh parking rental fee will be $15 per space
per day for the first 30 months. Uh and then the city manager can negotiate after 30 months. Um the section 4.4 which is the historic uh preservation commitment that would only extend to the owner. Um the section 2.7
uh time frame uh for development of the uh north side of 73rd Street east of Dorne Avenue. Uh that would be 12 months from uh securing uh uh either authority or maintenance map approval uh for the
ride for the that portion of the rideway. >> Completion within 12 months of that >> uh completion completion. >> Thank you. >> All right. Um the there is already a prohibition on the on the use of on street parking uh
by construction workers. Uh the manager had pointed that out. Uh so we would extend that to subcontractors. uh we would include a um you know a a requirement that uh any contracts with subcontracts would include a liquidated damages provision to that effect. Um we
the south facade the expanse of mesh for the parking garage uh to do something uh to incorporate art onto that mesh uh similar to uh the design district um not similar to the South Miami Metro Rail
Station. um the modification of the Dorne Avenue rightaway improvements plan uh on the east side to provide additional on street loading space uh consisting of uh of two adjacent uh parallel spaces somewhere um you know
subject to their their their uh you know landscape engineer and their architect finding the right the right way to do it. Um and then would would the loading there be limited uh to certain hours to specific hours 6 a.m. to 11 a.m. Okay. Um, developer shall not use frosted glass or other opa.
>> Let's let's allow it to be limited. >> I'm sorry. >> Let's allow it to be limited but not require that it be >> allow it to be limited. >> Yes. I >> we may want to speak. I don't again I don't know what everyone's loading and delivery schedule is on that street. So again, let's just allow them to we can
set any allow the manager to approve any reasonable limitations on on the hours. >> CM to approve. Got it. >> All right. Uh developer shall not use frosted glass or other opaque condition on on storefront glass adjacent to the rightway. Storefront glass shall be
fully transparent. Um the incorporation of memorial elements on on Dorne Avenue on some is that on the site or in the rightway is that is >> somewhere just site or right ofway. All right. Do you guys want the flexibility
to allow us allow you to return it if we can't get something approved by the >> just ask like to take it back if we could have that option? >> Okay, I'm I'm fine with that again. >> Or return option. >> Okay. >> All right. Uh the
uh uh a maintenance obligation on the west side of Dorne and the north side of 73rd Street. Um uh upkeep of landscaping and and materials. Um the and the last one that we never landed on if if the streetscape improvements contribution
that's >> half million dollars or something short of $2 and half million what would you want the maximum contribution to be? >> Yes ma'am. >> I think that if we have a at least a ballpark number we should try to do that
because if not then later we're trying to play. I think the difference is um the only the only the only point of dissension was commission Rodriguez saying that that seems to be an extension of their enhancement to the uh doraway and a necessary modification to
the street and that they should be should bear all or the lion share of their cost. I don't want to speak for you but I'm trying to summarize where he's at. That would mean if you adopted his position, what the developers representing represent to me was that's
a million dollar cost. So that would reduce our contribution to a million and a half dollars on the on the on the upper side down from $2.5 million. >> Yeah.
So I I'm fine with the $2 half million. What is your opinion, Mr. Vice Mayor? >> I'm fine with that as well. Okay. >> I I'm fine with it because I worry about the alternative. >> Commissioner Cay, you said I think you said before you were fine with the two and a half. >> Yes, I am.
>> Okay. So, no disrespect. We'll leave it at two and a half. >> Okay. I think it was a good point though. >> Okay. So, that is the that is the set of revised conditions uh with respect to the special exception approval. Okay.
And those modifications will be reflected in the development agreement to the extent that they those those issues are addressed in that document as well. >> Do we need a conflict a conflict provision the DA or the resolution? >> We we already have one. >> We already have one. And just remind me
which one which one the DA. >> Thank you. That's fine. Yes sir. >> You said one clarification on the art and public place treatment of the screening of the vent. >> Right. just we we have some certain standards that we have to meet for ventilation and open space. So we just
we we can't be in conflict with >> I I again what I'm suggesting and again I don't need to mandate that. I'm suggesting there's an opportunity. I'd like you to consider and put it before the A and to my knowledge the application I'm thinking of you know certainly the design district allow is
it's it's a naturally ventilated garage with a similar kind of a mesh treatment. It's just got a an image superimposed on the mesh. Okay, >> Mr. Mayor. >> Yes, sir. >> Yeah, I I think you just said it's just a suggestion you have, but I wouldn't I wouldn't say it's a mandate.
>> Yeah, I would if you want to loosen up the condition, it's just a suggestion, not a mandate. Okay. >> Okay. Thank you. >> No problem. Further comments? Okay. With that, uh, is there a motion to approve item three? >> I move Oh, go ahead.
>> Can you move four first? >> Four first. Happy to. Is there a motion to move item four, please? like to move item four with modifications. So, >> okay. Is there a second? >> I'll second. >> A motion by Vice Mayor Corey and a second by Commissioner Bonich.
>> Madam clerk, if you can call the role, please. >> Yes. Commissioner Bonich, >> yes. >> Commissioner Rodriguez, >> yes. >> Commissioner Cay, >> yes. >> Vice Mayor Cory, >> yes. >> Mayor Fernandez, >> yes. >> Item passes 5. >> Great. Uh, is there a motion uh to adopt
item three with the conditions as mod as modified? Sorry, with the modifications to the development agreement. >> I move the item with modification. >> Okay. Is there a second? >> I'll second it. >> Okay. So, a motion by Vice Mayor Corey and a second by uh Commissioner Benich colleagues. Anybody want to say anything
before we vote? >> I just want to say something very quickly. One is a thank you to uh the team and the development sponsors. Uh, I certainly have gotten a couple calls and comments about concernation about the height of the building. I just want to say this by way of
comments in the record so people understand certainly my rationale for voting for this project at this intensity and this height because I'm sure I'm going to get asked some doors when I have to knock on them later this year. So, I want to just be clear. One is, you know, we've been we have been
very lucky to have uh someone like Victor Dover and Mary and and their partners working in the city for a long time. I wish that when they adopted the hometown ordinance, which I think was a revolutionary code, we'd actually allow the city to grow under it. You know, the the only thing that time does is make
things more difficult and more costly. And what we we know what's happened with real estate in this district and the value of the commercial rents associated with the improvements on these lots. uh when I started this conversation with the you know so if we had allowed the world to evolve as Victor had imagined
it in 1992 1993 we probably would have you know eight story buildings on the level of London and Paris and would have created a lot of value that would be very difficult to undo today because of the latent economic value of them right but we deferred and delayed that investment and so we find ourselves in a
marketly different universe where rents have risen costs have risen and we need to kind of open the envelope further I think to allow these sites to be put into productive service. The reason I got comfortable with this execution at this intensity is because I
understand what the economic value of the leases are for the current tenant mixer. You have a very lucrative use lucrative uh lease for a use I think all of us would like to not see on our mainstream any further. Deli Lane is an equally lucrative uh lease as well. When
you think about the capitalized value of those leases, you know, you have to basically provide this kind of an opportunity for the owners to really think about repositioning the real estate. Otherwise, the economic incentive is to leave it as it is and take no risk. And I think that this is
the result of the deferral and the delay that's happened over the last 30 years. and just a recognition of the reality that the underlying value of that land if they did nothing probably, you know, requires this kind of a multiple to get them to consider the opportunity we have
in front of us. I think that's unfortunately the economic reality to realize the vision that, you know, others had 30 years ago, which is to make this a 24-hour downtown, which we all want, with the amenities supported by residents that here too far have not existed. So, um, I want to just put that
on the record, share that by way of, uh, share by way of observation. I'm excited about this corner being transformed and this being a gateway building into our our our new Somi district. Um, thank you to the design team both on the landscape and architectural sites for, I think, a
very elegant execution of the building. To Victor and his team for helping us reimagine Dorn Avenue. Once again, excited about this next uh, incarnation and looking forward to voting up on on this item. Yes, ma'am. >> And and I think you're being very kind
in um not pointing out, but I will do it for you because you may not remember is the state has actually mandated what is going to happen and we in trying to not let things run a muck have made the
code what it is. So we've very much been cognizant of what can happen and with the help of you and our legal team and what have you and Mark Alvarez, man extraordinaire. >> Thank you, Mark. >> have managed to kind of quash that as
much as we're able. So, I understand why people are upset, but they also have to understand what the reality is coming down from the state where it's it's a free-for-all. >> No, no, no doubt. And I think uh you know, look, I'll put it very bluntly. If if someone told me I get to trade this
building and get rid of, you know, uh a strip club at the entrance of our town center, which is kind of again, again, no disrespect to those operators are probably the best operators in that category that you could ask for in a city, but you know, again, it's been a blight on, you know, a gateway to our
our town center, our s district for a long time. I think this is a much a much much better enhancement to this corner and you know I'm looking forward to seeing this project brought to fruition and again thank you for Avalon Bay and again as our vice mayor said believing
in us before we even believed in ourselves. So again so as not further delay the meeting is we have a motion and a second to adopt uh as modified. Madam clerk if you can call the role please. >> Yes. Commissioner Rodriguez. >> Yes. >> Commissioner Monish. >> Yes. >> Commissioner Kagay. Yes.
>> Vice Mayor Corey. >> Yes. >> Mayor Fernandez. >> Yes. >> Item passes by 5. >> Thank you. Thanks again. >> Um colleagues, we've got still a number of items. Are there anything we want? We are okay with deferring to the next.
>> Can we defer the discussion items? >> We can defer the discussion items. Are there any discussion items anyone needs to absolutely take up? So >> I mean the historic one is easy. >> Okay. So let's do the easy ones. >> But keep in mind we have five minutes.
We can't go past 12. >> Exactly. We have five minutes to get this. >> Okay. So I I'm going to move that we defer the balance of the agenda. If we need to schedule another meeting to take up these items, I'm happy to do it. I colleagues, just by way of uh preview of things to come on item
seven, I just have concerns on the rate that we're being compensated at for the use of that public space. So my my thought was rather than upset the apple cart with you know a good educational partner here is to extend that do that that agreement for a year and understand
because I've asked staff and I think we really don't understand how we arrived at this particular fee structure. Um but it seems marketkedly low for the level of utilization that the school gets and I just want to kind of recover you know some capital capital cost obviously that we need. So we can talk about that
further if we don't if we want if we have the time. I don't know under what I don't want to delay them having some certainty for the next year. >> So then let's vote on it right now. >> No, but I I don't um I I mean I would want to modify it to just a single year. I don't know if everybody's in agreement with that. >> Why? Because you think we're getting too little.
>> It's Yeah. I mean we're basically just kind of taking the base number which no one understands when we arrive at that base number and increasing it by CPI and that's been the practice for the last six or seven or eight years. So we've gone as far back mayor as 2000 I had shared the text you had asked me >> earlier
>> obviously in the middle of this conversation and it was like 12 grand 10 years ago increasing at 3% so therefore that's how you get to the 16 the reference was made as the adopted fee schedule that I haven't had a chance to look at as to what was that fee schedule >> again I don't again I don't want to I
don't have to bust the bank with these guys I mean they're it's an educational institution I want them to continue to have the access to the use again I'm happy extending it under this scheme for another year and then we can have a conversation about what you know what the right reset is to kind of chew it
up. So I'm happy to move it with a modification to a term of a year but that is a public hearing item. >> Do we want to take it up or do we want to defer the balance of the agenda? Is there any is there any time of urgency on any of these items? >> Yeah, Mr. Mayor, I would certainly
appreciate number two resolution EXP our partner who's currently providing services. >> Can we can we read that very quickly? Madam clerk, >> a resolution of the city commission of the city of Southary, Florida approving a pro proposal and project work purchase order with EXP US services being to
provide project management services and advisory on call and project specific support services in amount not to exceed $119,890. >> Any questions of the manager with respect to item two? No. >> Seeing no questions, is there a motion on item two? >> I move the Okay. A motion by uh Vice
Mayor Corey and a second by Commissioner Bonich. Madam clerk, please call the role. >> Yes. Commissioner Bonich, >> yes. >> Commissioner Kane, >> yes. >> Commissioner Rodriguez, >> yes. >> Vice Mayor Cory, >> yes. >> Mayor Fernandez, >> yes. >> Item passes 5. >> Thank you. Thank you. Let's read item seven really quickly. Item seven, an
ordinance of the mayor, city commission of the city of South Florida, approving a franchise and joint use agreement with Somerset Academy known as Somerset Elementary and Middle Schools for the continued use of certain outdoor facilities at Murray Park during the regular school year and indoor basketball gymnasium at the Gibson Betham Community Center for the end of
the school year award ceremony. >> Okay. U this is a public hearing item. Any member of the public who'd like to address this commission item seven? Seeing no one in the chamber and no one online, we'll close the public hearing. Colleagues, I'd like to move the item with the amendment to just limit the term to a year.
>> I second that amendment, mayor. >> Okay. So, we have a motion by myself with that amendment and a second. Any discussion? >> We'll bring this back and put it in a longer posture for them once we have a conversation on the fee. >> Uh, Madame Clerk, please call the role then. >> Yes. Commissioner Bonish,
>> yes. >> Commissioner Cay, >> yes. >> Commissioner Rodriguez, >> yes. >> Vice Mayor Cory, >> yes. >> Mayor Fernandez, >> yes. >> Five and be done. Let's just do five and be done with it. Uh, madam clerk, if you can read five, please. >> Yes. An ordinance of the mayor city commissioner of the city of Florida
amending section 20-2.3 definitions 20-3.5 dimensional requirements 20-3.6 supplemental regulations and 20-4.5.1 tree protection to revise regulations relating to a single family development.
>> Thank you, Madam Clerk. Um, colleagues, any questions on item five? >> No, just clarify this is 30 ft from finished floor. >> Yeah. And we have we have and we have the appropriate definition now. >> Yes. Okay. Perfect. >> Okay. This is a public hearing item. Is there any member of the public who'd like to address item five? >> Nope. >> Again, which is modification to our
single family development regulations. Seeing no one in the chamber and no one online, we will close a public hearing. Is there a motion? >> I'll second. >> A motion by Commissioner Rodriguez, a second by Commissioner Bonich. Madam Clerk, please call the role. >> Yes. Commissioner Bonish. >> Yes. >> Commissioner Cay? >> Yes.
>> Commissioner Rodriguez? >> Yes. >> Vice Mayor Corey? >> Yes. >> Mayor Fernandez? Yes. >> Item passes fine. >> Okay. Let's uh with that, let's uh table the balance of the discussion items. If you can carry them over to the next agenda, madam clerk, we'd appreciate it. >> Okay. I'm sure. >> Okay. Colleagues, thank you. Appreciate
>> I just want to bring up one quick thing that because it's for all of us before we run out of time and turn into pumpkins. Uh the April 7th meeting, we have one, two, and three commissioners that our kids are on spring break. So, would you guys be open to moving that?
Can we just have the clerk circulate a memo regarding availability? We can modify it accordingly on March 3rd. Okay. >> With that, we stand a journ. Thank you everyone. >> Thank you.