##VIDEO ID:aaG_beq-93M## uh the Metro Rail an additional transit for the community looks like that parking requirements for upcoming moderate income development also consider that and have flexibility so that projects in our community have viability we also worked to empower the companies in our community to employ individuals with disabilities and created easier structures and tax incentives for more and more individuals and adults with disabilities in our to have access to gainful and meaningful employment we invested $44 million into increased reimbursement rates for our Child Care Subsidy programs in Florida so that members of South members of our community in South Miami and across the State of Florida have access to affordability and child care and high quality early childhood education we work this session to provide access to cancer biomarker tests for individuals who are diagnosed with cancer and have public insurance so they can have the true treatments that can uh based on their genetic makeup and their particular types of cancer give them the highest likelihood of success we worked on creating access to HIV infection prevention drugs through pharmacies and allow for 72-hour Windows of life-saving medication that can pre prevent someone from Contracting HIV to be made available Ines across the state of florid rather than simply through emergency rooms something I learned in that legislation is that when we started testing individuals that presented at emergency rooms across Florida across Miami and Jackson 21,000 people were tested with a pin prick of their finger 800 of them were HIV positive and didn't know it and the highest increased demographic group of people presenting with HIV is black women and so this is legislation I think is going to be very important we're going to keep working on HIV infection prevention medication we're also able to pass a considerable investment in school safety and have since the margerie stowman Douglas tragedy the legislatur has continued pushing the highest possible standards and rigor and in the last legislation we added 10 additional staff members to the office of safe schools to do security tests and um preparation support to our public school system and to support Miami County in keeping our kids as safe as possible uh we also passed a significant Department of Environmental Protection package that I was grateful to carry that focused a great deal on Coral ref frustation which in addition to our storm water management and flood mitigation strategies is one of the core tenants along with be tree nourishment um I was also very grateful to carry this leg session one of the priorities of the Senate President which was the deregulation of public schools and essentially creating an even playing field for our public education system with the flexibilities provided to our public Charters and the opportunity of our private schools so that they have every opportunity to innovate and provide our children the best opportunity possible this past session I was so grateful for your support and coming up to Tallahassee and advocating with us for the items that are important to South Miami and my goal for this NE next legislative session is not simply to succeed and bringing those through the Senate budget and through the house budget which this past year we had worked very closely together to get that advocacy across that Finish Line want to make sure that together we can overcome all obstacles to make sure that we can move poly septic to sewer conversion projects additional uh bike claims maintenance and Bridge repair that's necessary make sure that we have the open communication um with the governor's office to get those all the way into implementation here in our local community so I want the I want South Miami to know that you all have done incredible work and being Advocates and in Tallahassee on the ground with me and with representative Cabrera and we're going to keep that moving the priorities for this next session are cost living we will be doing everything possible to consider the affordability of our community for South Miami residents whether that's property insurance or additional moderate income rental housing we'll also be considering the enormous increase in early childhood education costs other than housing in our community there is no higher cost to young families than child care and I want to make sure that that's worked on and addressed we'll also be focused on teacher compensation and retention so that our children have the best possible supports in the classroom and in addition we'll be considering what are the ways mechanisms and funding opportunities to correct our water quality challenges in the bay and that begins in our backyards um last but not least is our Transit and traffic situation um as someone who lives a little bit south of here and coming up to South Miami or going up to Coral gaes going up to Town becomes increasingly 5 to 10 minute ticks increase I know that that's one of the issues affecting our quality of life and our cost of living as well so I'm looking forward to championing these issues for our community with you all and to doing our very best to advocate for the needs of South Miami thank you again thank you Senator uh colleagues questions commissioner leben sorry not a question but before you uh sit down Senator I just on behalf of South Miami I really want want to thank you for your nonpartisan engagement from from day one that that always hasn't been the hasn't always been the case in in South Miami ironically I knew your father before you which is a is a sign of age but yeah I I really wanted to thank you for that on my part and I want to thank you for also of your close relationships with my with my colleagues up here so and uh like I said from day one you've you've been engaged with uh with our city so we appreciate it thank you madam vice mayor I again wanted to say thank you you you said it best when we let you go first it's never good for the rest of us thank you very much for always helping us and giving us your ear which is not always the case with other people so are at least my heartfelt appreciation for everything you do for us thank you commissioner Cory thank you and I'll I'll be brief I'm also just uh thanking you as well and I just wanted to let you know I mean I'm sure uh residents have seen you at our events as you have been present there what they may not know is uh how much you communicate with us up here and and how much you've championed the priorities we've brought to you and how you've worked with us to to do our best to bring funds down from tasse we just greatly appreciate that and I wanted everyone to know that that was happening as well I you know I want to say that uh you know the work that you've been putting in and you're going to see that from us as well so I think collectively we will get a lot more things accomplished as we as we move forward so thank you so much s thank you for being here this evening as always uh you've been from the moment elected very present and we appreciate that and very accessible not just on legislative items uh you know if there's an issue with a permit uh on a project we've approved your office has been engaged and helped with issues at Department of Health or D so we appreciate your consistent engagement and look forward to having a better success next session thank you okay Madam clerk uh next presentation please yes Citizens Independent Transportation trust CIT jav at Benton Court Mr Benton Court welcome you're recognized hey thank you Mr Mayor Madame vice mayor Commissioners Mr manager everybody good evening thank you for giving me a few moments to present an update on the people's Transportation plan our organization the Citizens independ Independent Transportation trust and the half peny sales tax um and uh M the mayor and I go way back and we've been working on a lot of these issues uh from our respective Miami days so you know Transportation projects are expensive they're complicated they take a long time and so we're still working on a lot of the same things we we started working on many years ago um but we are making progress so we'll get to that uh so this November is going to Mark 22 years since any of you who were here and were a voting age went to The Ballot Box and saw this uh ballot measure in your ballot and it asked you if you were willing to increase your sales tax from six and a half to 7% and that half penny go towards a slew of Transportation improvements under the head heading of people's Transportation plan well I refer to as PTP moving forward and uh it passed and here we are 22 years later uh collecting that half penny and implementing projects so um that half penny I'm sorry that ballot referendum did a number of things yes it increases sales tax yes it uh began a very long um period of implementing projects that were promised to the people it also created our organization to be the Watchdog over the funds to make sure that those funds weren't misappropriated by the county that gets the bulk of the funds or even by the cities that get 20% of those funds on a pred bases including the city of South Miami by the way let me just introduce uh Mariana price is our Municipal program manager got stuck in traffic on the way here of course which is perfect for the topic and Mariana works very closely with all the cities including your team here Heth plan okay here we go so who we are we who are we the Citizens Independent Transportation trust is 15 volunteers appointed by the mayor the D League of cities and all 13 County Commissioners uh and they meet once a month to review requests for funding and make a recommendation to the bard of County Commissioners we do not operate Transit we don't build it we don't plan for their future that's the TPO um and ultimately we don't approve the use of CER tax funds it is a recomend recommendation to the County Commission that it has that final decision- making Authority and in the municipal case it's all of you who decide on how to use your share of the half pen okay we are by the way seeking uh trust members we have three vacancies not necessarily for the district that the city is in but if you're interested in serving on a trust at any given point please file an application vacancies uh you know happen all the time and it's good to have you on file basically you have to be a resident of the commissioner who appoints you for the commissioner's District um you can't be an elected official or running for office and you can't have a financial conflict of interest uh with the county U the CIT is supported by myself and my team were 11 folks who review all those proposals for funding and make a recommendation to our trust uh one of our primary functions is to audit the county and the cities on a semi-regular basis to ensure that you're using the fronts appropriately and I'm happy to say that this city South Miami has never had any major a findings you continue to do great work and manage the monies responsibly so thank you for that and keep it up so enough about us let's talk about the money it wouldn't sound like a lot right half penny but man it generates a lot of money over time almost five billion do over 22 years and counting now the bulk of that has in fact gone to Transit people think it's been misspent on other things no it's gone to Transit maybe not Transit expansion which was the original purpose a lot of it has gone to upgrading our existing infrastructure and Transit so that we can now build upon and expand it about a little less than 10% has gone to public works for roadway expansions Etc um 20 plus percent has gone to the cities as I said earlier less than 1% goes to our office for overhead and oversight uh you know we're allowed to go up to 5% we always keep it under one because we want the bulk of the funds to be put out onto the street into the community here's the same information essentially over time you see how the tax has uh you know continues to increase um as we get more residents as people spend more and this is the same information you know for this budget year so in this budget year it's actually 74% of the cerx funds that are being dedicated to Transit so as roadway projects are being completed at the county we're not adding more we want our money focused on expanding Transit because we are woefully behind in that area uh and if you really into numbers and and really want to get into the details we have a 40-year performance with every figure you could imagine it's on our website go to town if you want to geek out all right enough of the money now let's talk about the projects this is what people ultimately care about this is why they voted to tax themselves right so immediately um the uh hat Penny sales tax helped us subsidize what we call the Golden Passport that's fair free transit for every senior in Miami day County regardless of income um we have since then added the Patriot passport for veterans that one is income limited um we did rep place the entire fleet of Metro Rail uh Metro mover and and increasingly Metro Bus we did expand Metro Rail uh to the airport that is the one expansion of Metro that's actually taking place um we also made Metro mover Fair free by the way which continues to this day um we have improved bus service we have completed a slew of major highway and Road improvements with those funds as well um but one of the most exciting parts of the program and the one that you're most involved in is the municipal program as I said little over 20% gets distributed to the cities you're a smaller City so you don't get you know a ton compared to City of Miami and some others but what you get you put to good use and I'm actually going to allow Mariana price to come up here and just give a highlight you should know this right these are your funds and your projects but for those listening who may not she'll give a quick overview of what sou actually start with sure uh good evening Maran prise Municipal program manager for the Citizens Independent Transportation trust I oversee the municipal portion of the program the the best part of the program in my opinion um South Miami is one of our stars Aurelio cares our your CIP project manager and Alfredo riveral CFO they are a great team and I can always count on them to respond on my emails right away we have a great Rapport going back and forth and um I have to say he's very creative and is always asking for you know is this eligible is that eligible so you have your C taxx funds in good hands but uh the program is 33 cities participate um city of South Miami receives about 700 over $700,000 and uh we didn't know it at the time but during the year of covid um South Miami transferred from fixed route you guys stopped your fixed route circulator and you transferred over to On Demand freebie and that started kind of like a trend a lot of cities realized that they were better able to service their residents by switching to on demand and giving the people what they wanted so yeah thank you thank you Mariana couldn't do this without her um all right moving right along so I already said you know we've completed most of our roadway projects and aren't adding one of the roadway quote unquote projects that U is left to do is the advanced traffic management system so this is all about smart signals making our signals smarter so you could get through them faster there was a phase one that was very successful when they went into phase two they had all sorts of issues uh with the uh the new uh contractor they've now gone to a different uh provider to see if they can expedite that project right but transit services right this is kind of the key focus and this is I think what people voted for mostly What in in 2002 and what certainly what they want today now you see the Metro there you happen to have it right outside your window here which is great for you so you're like what's in it for me well you want to take that Metro to other parts of the county that aren't currently served by Metro in Rapid Transit so um we are pursuing all of those Transit expansions and we'll get into those in a second but I think I mentioned before completely new Fleet of vehicles which is leading to better performance uh and a better customer experience and uh I think I mentioned all this earlier so I won't bother to go through it again um the enhanced bus so we replaced the buses but really we haven't expanded the bus Network now you may have heard a lot about something called the better bus Network it's been somewhat controversial it's a complete overhaul of the bus Network that needed to happen um but you know there were some winners and there were some losers some people ended up with a service that um didn't meet their needs and so the county is going back now and adjusting this and adapting to the feedback so if you're hearing from your constituents that they're not happy with the changes resulting from the better bus Network let them know they are actively listening and uh looking to make changes if you want we can facilitate those meetings and discussions of course we extended Metro Rail to the airport to this day people come to me and say you need to expand Metro Rail to the airport well we did that several years ago we just don't advertise it very well so please try it one day it'll get you there all right while we expanded Metro Rail to the airport that was all we accomplished with respect to expansion of rapid transit in 22 years which is frankly unforgivable but instead of looking back let's look forward the county and all of its Partners the state the federal government is committed to expanding rapid transit in Miami day County now that does not necessarily mean Metro Rail right Metro Rail is extremely expensive it takes a long time so we have six quarters of what they call a smart plan uh each quarter is going to require its own solution and uh we'll go through those now I hate these animations I this okay so again six quarters South Quarter if you've uh driven down South Dixie Highway from D Land South down to Florida city you'll see a lot of construction taking place and what the they used to call the busway that is going to be gold standard bus R Transit brt then you have the beach Corridor um which is currently proposed to be a metr mover expansion from uh downtown Miami to Miami Beach and then also another metr mover expansion from downtown up to the Design District you have the East West Corridor originally proposed to be brt now they're looking at other Alternatives the Kendall Corridor down Kendall Drive brt the Northeast Corridor where bright line currently runs all the FEC tracks it's supposed to be commuter rail I think Tri Rail essentially the same thing and finally the north qu is the one Corridor that is being designated uh for Metro Rail expansion so again there's your South Quarter station air condition vestibules even the Metro oil stations are in air conditioned so this is going to be a great service it's not rail a lot of people are upset about that but it's meant to behave like rail right uh the buses won't have to stop at intersections you know it'll get you from point A to B quickly Beach quarter has been controversial uh the beach came out not too long ago and said you know we we want to rethink this and and study alternatives but you know this to me is a no-brainer to to connect downtown and Mii Beach makes all the sense in the world you know between workers visitors residents wanting to get back and forth uh between those places um and so you know the county continues to pursue this and and I hope to see this uh come to fruition East West Corridor again the original uh concept was bus rappid transit on Dolphin Expressway A36 itself the county has since kind of Taken step back and is rethinking that now they're thinking maybe Flagler Street instead which makes sense because that's where people are that's where they live that's where they're working that's where they're commuting and whether that's going to be brt or a metr mover extension we don't know yet they're studying that the other possibility here is using the existing CSX freight lines just like we're looking to look to use the FEC lines where bright line is maybe doing something similar on existing uh railroads uh along this Corridor to be determined right the Kendo you know this is a tough one because in order to do anything on Kendall which desperately needs some kind of Transit solution you have to take away a lane of traffic and the last thing anybody in Kendall wants is to lose a lane of traffic when they have so little uh capacity already so that's a little controversial they've kind of paused on that they want to see how some other things work out first before they return to Kendall uh the Northeast quarter this is the one I'm most optimistic about because the tracks are there Bright line is uh supportive of the idea of allowing some kind of communter rail on their tracks um whether it's Tri roil or some other you know vendor and they're actively negotiating for this so I think we're very close to a deal between the county bright line FEC which owns the underlying rail uh potentially Tri Rail to state federal Partners I think this is all going to come together in short order and finally the north quor so this is a long promised extension of Metro of 27th Avenue it would hit you know obviously the stadium uh miia College North Broward County Line everyone insists that this be Metro for a variety of reasons now that's the heaviest lift it's the most expensive it's going to be the most difficult it's the one that's going to require heavy Federal participation they need to pay for at least half of this to make it happen and that's not easy to do uh I'm going to hurry along here just in the interest of time so other things we're focused on first Last Mile Solutions you could build this great system of corridors but if you can't get to it or get from it to your destination it's no good so bike p uh paths uh the on demand the the fixed route circulators that are getting you from the neighborhoods to the stations and back are things that we're trying to promote um improving the customer experience making sure it's safe it's clean it it's performing well enhancing County Municipal connectivity you do this well here um I know you connect to your Metro Rail Station um so just making sure that this works as one seamless system from the perspective of the user right you know we all play in our jurisdictions but if I'm just want to get from point A to point B I could care less who's running the service I just want to do that as efficiently as possible so getting the cities and the county to work well together and finally Community engagement the reason I'm here today is people deserve to know what's happening with their half penny right and there's a lot of misinformation out there that we need to clear up um so just two examples of what uh we're trying to do in engagement we have an ambassador program so if you are a Transit writer today you could sign up to be one of our ambassadors all that means is when you're writing the system you log into an app you submit your feedback your observations you get points point for doing that and then you can exchange those points for rewards like free Transit free Uber rides Etc so if you're interested in becoming a CIT Ambassador please apply it's pretty easy to do uh and you don't have to do anything you're not already doing and finally I have a podcast that I launched a couple years ago and uh it's focused on mobility and transportation it's broadcast right out of South Miami here at the community newspapers I'm sure you um you know that studio well and I'm happy to say that uh my guest this Thursday at 9:00 am is going to be mayor Fernandez so we look forward to that now you can't back out mayor I'll try not to bore I'll try not to bore everyone that's it for me I'm happy to answer any questions you have my contact information there if you need to reach me thank you very much thank you Mr colleagues any questions commissioner uh K you recognized thank you thank you Mr bcore I appreciate you coming here I think the transportation is probably one of the biggest issues that we have in our in our great County and our city and really getting around the question I had for you the solutions that you guys currently have for the with the six corridors right six six rapid yes that's all being funded by the half penny tax so the half penny was always meant to be a match right a local match to attract state and federal dollars corre so to the extent possible we try not to be you know the sole fun because that's leaving money on the table so uh for instance South Quarter was a third us 100 million a third state a Third Federal now some projects may not qualify for federal funds some require more federal funds to make them work so it depends on the corridor but generally speaking we are a fun but not the sole fun the solutions that you provided look great is there is there an opportunity to to be Best in Class for example I think I think what we're seeing here in Miami Miami and general is it's becoming a world class City and we need world-class Transportation so what what what would it take for the county to get to a point where we become a worldclass transportation to match a world class city is that is that something in the in the works that's coming the pipeline I know we need funding we we we fond situations can you just talk about the different type of solutions that we might need in the future if we want to upgrade or upscale our great City sure well I agree with you that without a great transit system you're not a world-class city right you're a pretender and when we were all competing for Amazon's new headquarters right that's one of the things we learned is like we checked all the boxes except for Transit and they didn't move here because of that and so we know that's an Achilles heal and we know we need to work on it implementing this plan which by the way we don't have enough funding to even do this would be a great step in that direction and there's a lot of worldclass elements that gold standard brt would be the premier brt system in the states if not the world and so the things we are doing are being done in a world class way but ultimately you know everyone wants that that high capacity highe speed transit which tends to be rail of some sort and we simply can't afford to do rail on our six corridors today we can barely afford what I just uh uh presented to you so the solution ultimately is more funding and and I hate to say it but you know half penny simply is not enough it wasn't enough when it was promised it's certainly not enough today so whether we go back out for another half peny or Penny or or bonds I'm not sure that's out of my jurisdiction we'll leave that to Chairman Gilbert and and the Commissioners at the BCC and yourselves but uh you know additional funding is what's going to ultimately be necessary to take us from this plan to something better and more world thank you thank you uh Madam vice mayor I just have one question you had mentioned if we have any comments or requests about the better bus plan we should get in touch with you can you please actually since you will be with our mayor let him know who it is we should reach out to because we definitely have at least one I would consider large concern okay thank you are we talking about the concern on 62 Avenue so yeah we've just you know we've raised it with I have raised it with um we are for for to have uh both Transit Alliance and uh miam County sorry DPW come out and do a presentation on the project it was a little bit to 30,000 foot level but trust me that the concern regarding the elimination of that uh service was heard but I think also was a good educational opportunity for folks to understand how using metro connect they could get to most of those locations that are already frequenting or a transfer to another line that would get them there yes but there's a bit a 60c Avenue was a we have a couple senior buildings that are on that Corridor that were served very well by uh a local route that was eliminated and it's been the source of a lot of consternation for those uh seniors yes yeah a big concern for them and as you can imagine once you get to a certain age having a big change like that is is very difficult no but if we can continue to to be of service and facilitating discussions please don't hesitate thank you Mr Bor just one question for me and that is um what is the biggest impediment to us getting Federal matching dollars for a number of these corridors okay so competition right there are limited dollars and everybody wants it and many other cities are better prepared frankly to apply for because they have higher density they're further in the game they have better matching funds than we did so competition politics right having the right people in place in Congress or in in the white house uh that you know we can tap into um and then finally the land use side right so Transit is one side of a coin land use is the other and Transit only works with density and intensity AB uses you need people near transit to make it work and by the way Transit helps you to build up to accommodate those people so it's kind of a win-win situation so you know we were built around the automobile we have a lot of suburban exurban uh low density neighborhoods which are beautiful I live in one uh but they don't serve Transit and so it's hard to get the federal government degree to give us funds for a corridor when isn't the land you surround it to support it they they compared to other cities they think it's a waste of money what are they looking at by way of minimum densities or I I don't have those numbers I'm really bad about that but what I'll tell you is the higher the better you know okay they want as many people to uh have access to that Transit um to enhance the ROI for the federal government and and for us right the more Riders uh the further that money goes thank you sir appreciate your time my pleasure thank you all very much have a good evening mam cler if you can call up the next presentation please yes certificate of recognition for INR hair salon VI grand opening good evening is there someone from hey come on up I see you guys in the back Walter you're back there please sir if we can have your name and address for your record just if you can introduce yourself and tell us a bit about the business please hi good afternoon um thank you for having us we are in our hair salon located at 5891 Sunset Drive wal myself our owners of that great can we get your last name as well I'm sorry Evanson Evanson thank you very much uh well Commish K and I had the pleasure of inaugurating your new space which is beautiful was a wonderfully well attended event or organized by your great collaborator there as well and um we are we are very pleased to have you in South Miami uh on on our Main Street and looking forward to great things for your store in the future uh commiss K did you want to share any of your perspectives on on Sunday's events I just want to know who's Walter I know different name there you go oh Bishop Bishop the bishop yes Bishop that was a great event you know we wish you nothing but success here at you know on sunet drive it's right in our Corridor anything you guys need from the city you know we welcome the businesses so we wish you nothing but the best thank you so much thank you thank you guys we appreciate all you do for us appreciate your presence you have been doing so many other things you showed up and show us that well hopefully we see you expand in some other locations here as well so let's come up and take a quick photo if you can't join us here up front please thank you for okay Madam clerk I think our next items are a brief presentation from Curtis Rogers and Miller leg correct yes so colleagues you remember we had before us uh a contract for um landscape Master planning services and I guess this will be the opportunity to hear from both um uh both top rank respondents so if we could have a represent from Curtis Rogers please come up good evening if you yes sir quick question just on process yes can you just uh city manager what what's what what is the process of like here we're just reviewing I think we have we have staff's recommendation analysis and scores that's that we give uh uh both teams five minutes to give us a quick presentation and if we have any questions we can quickly direct them to each of them about their approach or whatever other questions you may have um after that we'll pick up the balance of the agenda and I uh Madame City attorney Mr City attorney the item is is not on the agenda so can we take action on it today or not it's not on the agenda tonight okay yeah so it looks like at the next meeting on the 15th we'll have it relisted on the agenda and we can then vote to to uh make an award apologize I would have expected the item to be on the agenda but uh it somehow escaped us so commission gu does that answer your process question yes it does okay any further questions before we hear from both parties I don't think we're allowed to add on it has to be advertised I would or list at least published before it can be acted on correct okay okay good evening if you have your name and address for the record please hi good evening mayor Commissioners everyone my name is Aida Curtis I'm the founder of Curtis and Rogers Design Studio I'm a South Miami resident and have been for 24 years our company is also located in South Miami just right on red Road and we've been proud South Miami uh business for close to 10 years now and we're happy to be here and with that I would like to introduce my two partners Jenny Rogers working on the placemaking master plan for our city and uh my partner Ralph who will be conducting the presentation thank you very much thank you all for having us here tonight it's it's a real pleasure and allowing us to present our firm for consideration for uh the South Miami Landscape master plan project so we've been in business ASA mentioned for 33 years with the purp of providing landscape architectural services we're a local firm with dedicated staff and that dedicated staff includes our key staff which you see here our principles AA Curtis Jenny Rogers myself Olivia busy and Robert Curtis we are a collection of registered Landscape Architects certified arborists landscape inspectors and sustainability professionals with a Keen Eye for the environment and we are the right size to fulfill all the city's needs as I mentioned we are local right here in South Miami right on red road which means we are knowledgeable of the city we're accessible we're responsive we're available we're efficient and capable and we're committed to client service and excellence in design and we know the city we understand the city its Community its streets its parts its buildings its trees its walkways and all its other nuances and evolution we proudly represent the city as it local businesses with a goal and Ethos to improve our environment for a resilient livable City we specialize in public and Municipal projects working as general consultants for the city of South Miami the city of Miami Coral Gables Miami dat County and numerous others we pride ourselves in our work here uh We've provided dedicated arborous services for the city of South Miami having completed over 200 rbur reports and Counting since 2017 we're a team member of the South Miami placemaking project where we've been conducting inventory and assessments of tree canopy heat islands and tree sections we're part of the design team for the South Miami Park playgrounds and many others next I'd like to show you some projects that we've successfully worked on and that resonate with this project and scope of work the first one I want to show you is the Southwest Street Scapes and Street tree master plan for the City of Miami this project addressed the interconnectedness of the city's natural resources GRE projects as well as the storm water master plan to propose Solutions towards making the streets more resilient to sea level rise and global warming the goal was to develop a blueprint for the city's use as a tool for implementing greater resilience greater resiliency within the street conditions of the project area we went out and collected data for over 25,000 trees in the project area Gathering basic measurements along with overall conditions and site observations once we had a complete inventory we ran a hot spot analysis to determine areas that were statistically denser as is shown and agreed on this Slide part of increasing tree canopy though within the project area involved a deeper understanding of how water flowed across the site and the fact that climate change would bring more frequent rain events and flooding which had us consider how Urban Tree canopy could not only assist with shade and cooling but also with storm water collection one tree alone can absorb a thousand gallons of water a year so an appropriately designed Street s can serve as a collector of excess runoff we then looked at the hydrology more closely at the project level the scale one can see the original hydrology pattern here of high and low elevations that can influence the movement of water how it occurred originally here in South Florida these areas in blue represent the slews that would have been saturated for most of the year and the Orange Lines represent high points that would have remained dry these changes in elevation play a huge role in how water moves and to GA Now using liar data we were able to develop a more refined depiction of the hydrological stream stream network using GIS analysis we you could see on this next Slide the stream network appears as a network of black veins while high points are represented by the Orange Line and frequently flooded areas as identified by Noah are shown in gradations of blue darker imp implying higher risks using this data we were able to use buffers to create areas of prioritization along the major collectors of the hydral stream network we then looked at Urban heat island continuing our analysis we sought to compare the distribution of canopy with the average surface temperatures found on site using satellite imagery in a GIS environment we filtered and refined the data to visualize the gradient of different surface temperatures darker portions signifying hotter surface temps this confirmed for us that areas with the least amount of canopy coverage had the highest incidences of the urban heat island effect so in pulling together all these analyses of hydrology heat canopy and social vulnerability which I didn't show you that one what was revealed to us were a series of prioritization areas that would guide the order of implementation that implementation included developing Street typologies based on the specifics of that street based on findings and Street conditions and this is one example of one of the we we developed for the neighborhoods but one of the things I really loved about this project was our Artful public information guide you see one of the major goals for the project was to promote awareness with City residents on the benefits of trees through Community Education and Outreach early in the project we made sure to develop door hangers and informational fires as you see here so that when one of our team members were out on site and a resident was curious about what we were doing we would have a response prepared and resch they could turn to for further information through a lot of these informal conversations and through formal meetings we found there to be three major concerns regarding Street trees the availability of parking consistent maintenance and sidewalk accessibility some residents were also wary of taking on the financial responsibility of tree care which further exacerbated negative perceptions towards Street trees this next project I want to show you was the Coral Gables tree succession plan we developed a program to Ure Ure the longevity of the urban forest in residential areas of Coral Gables promote species diversity within the city we evaluated over 38,800 trees identified new species for potential inclusion as Street trees preserved the historically established plant things we removed trees in hazardous conditions in total over 3,000 trees and Palms were planted in residential areas I tell you the process was thorough trees were mapped identified and conditions were added to them and areas where trees were missing or identified as possible locations for tree Replacements we attended Community meetings to seek input and present preliminary findings ultimately the team created maps for Street planting themes and listed the trees needing immediate replacement identified locations for new trees and recommended others for further evaluation in five years this plan enabled the city to develop a program for systematic replacement of trees to ensure the longevity of the city's canopy the next project I want to show you is the low stress multimodal Mobility transportation system master plan for Broward County this project is ongoing and one of the things we have been working on is a placemaking toolkit it's a companion document to the master plan's design manual and the intent is to provide municipalities and communities in Broward County with a comprehensive set of resources strategies and guidelines to facilitate the creation of a low stress Transportation Network that responds to the distinct character of given space which includes Community accessibility safety continuity identity Partnerships comfort and art just to name a few the next project I want to show you is one where we developed a design criteria document criteria document for Miami Dave County parks to implement nature-based playgrounds it's an amazing undertaking and a noble approach towards play and education with an ultimate goal that time spent in nature can provide a multitude of benefits on the cognitive development environmental awareness and overall health of children and after all children are our future and future voters uh the next project I want to show you is our street escapes project for Flagler Street in downtown Miami some of you may be familiar may have seen it so I can just two more minutes if you can please thank you appreciate it uh this is a curbless festival street that we Revitalize downtown Flagler the next project uh was the Palm Meadow Expressway where we naturalized three interchanges in a high industrial portion of the PA Meadow these projects I've just shown you represent the expanse of our planning and design to ensure the S achievement of a successful thoughtful projects our vast experience has honed our expertise revealed valuable lessons and produced successes that formulate our approach and methodology uh these examples uh show you what will guide our approach to the scope of Services of this project that include assessment and Analysis design and planning implementation strategies documenting mentation and presentations and Community engagement understanding a community's values regarding their culture history and local character can help project teams work with groups that might otherwise oppose the project it also helps identify needs that may not be readily visible to design teams or the client so some of our project objectives you will see here ensuring that we have GIS mapping inventory and Analysis low maintenance sustainable and being resilient ident creating place and one last thing I want to show you is we um prepared these Maps GIS maps that we created of the city of South Miami showing some of the critical items that we'd be looking at in our initial assessment of the city uh the first one I'm showing you here is the tree canopy this is a course at a GIS mapping level so we still don't understand true condition of these trees but that's the overall canopy of the city the urban heat Islands within the city this show the maximum land surface temperatures averaged between 2015 and today the darker red means hotter temperatures uh here topography uh the light green represents the lowest lying areas between six and 8 feet in elevation while the dark cream color represents the highest areas which range from 10 to 12 fet in elevation and lastly we look at flood vulnerability for the city and the sea level rise Noah projections for 2100 where we are looking at a six foot six feet of sea level rise projected by the end of the C Century areas in blue furthest south will be permanently inundated while the green areas are just low-lying areas that have potential for impacts during Heavy Rain events this presentation today is just a glimpse of what Curtis and Rogers can potentially provide to the city of South Miami to create a thorough comprehensive and enduring landscape master plan thank you thank you colleagues any questions Mr ferer M K yeah you're just uh I guess to educate the public and make sure that they understand what the purpose of this can you uh please just let the public know what your intentions are with the city of South Miami what is the project intention goal scope if you can just uh the the intent of the project is what was advertised is to create a thorough U master plan of the landscape of the city which Inc includes various components that beginning from inventory and Analysis and assessments to design and implementation to uh Community engagement and public Outreach for it thank you colleagues forther questions mam ice mayor other than showing you and Josh that you're going to live underwater I think I think thank you for reminding us yes I'm G it wasn't it wasn't that bad no not too bad but I our neighborhood definitely is not looking very positive we are partially on the Miami Rock Bridge so just I have one question before you go I'm just curious what what do you think we can I was interested in your project on the nature-based design criteria for parks that that seems to kind of speak to the ethos of what we're trying to do here what what do you think would what do you think from that exercise would be most instructive for this engagement if I may I'd like to have Jenny Rogers come and talk a little bit about it because she was the project manager on that project and she's thank you every part of it well I I'm trying to think of how I apply that to master planning but um mostly I think what we learned was well I think I think what the reason it jumped out to me is that we are looking for a master plan but also something that speaks to you know having an aesthetic that we can replicate in various parts of the city yes so I I you know just was curious to see what from that project potentially would be relevant to this one yeah I think that um you know looking at trying to create a more natural environment nature based let just like a nature more visible in the city would be very helpful um it's uh it's sort of a balance right you know I me nature can be aesthetically beautiful but it can also do a lot for you in terms of you know managing water and heat and all these other things um and sort of I think a lot of Education to the public and teaching them about that and I think sort of these these nature-based playgrounds are really good for that because they they sort of get the kids involved in nature um and once the kids have some you know some knowled of enjoyment of nature then they want to have more nature around them as well so it's it's sort of educating our young people to to enjoy nature and it really it also gives them an appreciation for the native landscape one of the one of the themes of it is a lot of native plant material and native plants that kids down here grew up around and they're learning about it right off the bat knowing what pollinators are the track and then designing with it to allow that to shade and shave spaces and really creating that nature thank you for that explanation appreciate it for the questions okay then um I had about 10 minutes on my clock if we could have someone from leg thank you for your presentation against thank you stent name add us for the record please thank you sure I'm mik I'm president of okay all right well thanks for thanks for having us uh you know present to you last time we were here it was some question I guess um about about um you know maybe Miller leg and our qualifications and not being a only landscape Architecture Firm and we are very proud to be a multidisiplinary firm um we do landscape architecture and planning but we also do environmental civil engineering and surveying and utility work um but we have a wealth of landscape architecture work we've been doing landscape architecture work since 1988 and we've done it for transportation projects Parks and Recreation Redevelopment and urban renewal projects and communities throughout the State of Florida as well as hospitality and international projects so again rest assured you have a team of Landscape Architects that are here to do this landscape master and our landscape architecture team will be led by Miguel hung call who will be a project manager for this master plan he'll be supported by Brian Shore as well as Michael Bradley both registered Landscape Architects that team will be supported by graduate Landscape Architects that you see here all these folks are based right here in South Florida so so again this is not something that uh that we going come out of state or you know not um the other thing is is like I said inhouse we have sustainability experts we also have biologists and arborists inhouse Landscape inspectors also to support this and myself I'm a landscape architect I'm president of the company so be assured this company is focused on landscape arit it was the biggest Revenue producer in our company last year um also we have on our team do Cole Victor Dober and K Garcia here today um Victor's a nationally recognized expert in the development of communities planning of communities and it all starts with the streets again he's a resident of South Miami and has been for many years he's a nationally recognized subject matter expert he wrote the book here's the book Street design okay again just some images of some of the some of the projects and things that he's been able to do and and work with this is Claus Street this is the Commodore Trail here in Miami and these are some projects nationally from Raleigh from Virginia all over the country he brings that NA national expertise and Trends to to this master plan now I just wanted to highlight Miller leg's experience on doing landscape Master plans we've done landscape Master plans for Coco Beach this was a Redevelopment or re revisioning for Coco Beach their Central business district it runs from the business area all the way to the ocean what we did is we developed uh Innovative design solutions for low impact design so to treat storm water because it's right adjacent to the Banana River and Indian River lagoons water quality issues we developed the concepts for the M throughout the master plan and Innovative like I said low impact design Solutions that reduce nutrients and outfall into the these you know very important preserve areas this also allowed us to secure $5 million in funding from FD this project served as a benchmark in the utilization of low impact design in the development of Street Scapes this is what it looks like at the end of the day these types of designs can really be beautiful and really establish wonderful pedestrian areas and Street Scapes um this is the landscape master plan for Los olis kind of interesting because we're doing four areas on Los olis it's the urban area it's two two residential communities but each of those districts needed to have its own identity but be unified um so we had a cohesive landscape master plan done for that project we utilize native and Florida friendly species and just like here in South in South Miami we collaborated with luran the same firm that's doing your place making uh project um we developed standards for these communities both on the landscape areas the streetscapes as well as their Open Spaces developed imagery as well as the ultimately the landscape master plan for losas Miami Lakes their streetscape master plan we increased and ensured that the canopy within Miami Lake stayed there as development occurred and Redevelopment occurred so you have wonderful Street Scapes like this that in included additional canopy maintaining the canopy and reding Island we also have done the land uh the city of tamarak their landscape master plan again for streetscapes um their master plan and the update of that Master Plan identifying arterial roadways everything down to the neighborhood roadways the improvements associated with them and also the maintenance and management of those landscape areas so that their staff their Public Works folks knew how to maintain those uh those facilities we also dealt with hardcap and how to have that Hardscape unify the community through these improvements the city of M uh of Miramar we did there landscape master plan this is some of the areas on the east side of town we created a vision of what that could ultimately be and then developed the landscape master plan talking about creating these pedestrian these bicycle and Commercial areas to really improve them and this is what it ends up looking like great great areas the city of pmri Pines their landscap master develop this uh for all the thorough thorough fars and Open Spaces within their City again the concept the implementation of this concept from landscape as well as Hardscape Miami International Airport master plan for Miami International Airport how does that actually get done this is what it looks like from the from the rail going to the to the mick you can see how that concept was utilized in that the landscape master plan we did for Manatee County Tammy Amy Trail we hi by uh for South Bradon area again Redevelopment of an existing area that was really needed to be upgraded so that pedestrian and Commercial activity would be improved again it's bringing life back to the center encouraging that development and then the creation of these open spaces and wonderful Open Spaces along the developing those those guidelines and for future development of that and then finally um and bis game Boulevard developing a master plan with Department of Transportation in the city of Miami for this this is the end product here right downtown Miami some wonderful pedestrian spaces kind of the spine of a lot of things have been happening down in Miami got a great deal of work uh with uh fdot we know how do fdot has requirements and things especially for their for the rights of way we've had District Six is the Miami B County south Florida uh landscape architecture contract with the Department so we know that sustainable design is something else just this last year we were awarded the sustainability design award environmental sustainability design award from ASLA here in Florida um incorporating just like I showed you on the on that Coco Beach project incorporating um Innovative technology from a storm water perspective from canopy trees and really doing that to um provide minimal uh heat heat island uh impact on the project but improving storm water and storm water capacity and this is just a simple one for for West Palm Beach but we have to uh we looked at the small neighborhood roads and what we did is we offered the opportunity to landscape master plan said we can do these little bulb out hereas that can introduce bio retention cell treatment areas in here help reduce flooding in these neighborhoods but yet also introduce canopy within the neighborhoods that don't have any we we're an award-winning landscape architecture uh firm we've won over 30 Design Awards since our time and really you know just looking back at the the original scoring I think this was the original scoring and as we worked with your staff and in putting together the final scope and U of of things for this contract we talked about it really didn't have to have a lot of public involvement and we scored very well on public involvement in that but when we look at the scores when we take the consideration of public involvement out the differentiation between the firms is still the exact same so so again even with the public involvement and we're advocates for that we love doing that but we understand that this project needs to be more streamlined still I think the selection committee thought that that we were a top ranked from so you know Miller leg with the Miller leg team you get a committed landscape Architecture Firm and team to do this we're led by a landscape architect um we're bring a nationally recognized subject matter expert in roadway streetscape design to the team who is a South Miami resident we've got proven landscape master plan experience you've seen them that's just some of them so we've got a great deal of experience doing that and that's important because it's not just designs it's developing the capital Improvement budgets and plans that you need to utilize so you can build your budgets going forward um we're award-winning firm and we're committed to to working with you we did the parks and W master plan with you and we'd love to do more plan work so with that we'll just close and and you had 13 seconds to spare congratulations there you go well done uh colleagues questions okay uh I think we do need some clarification from Council as to how we can proceed I I I appreciate and my apologies for making you both come out here and do it this way unfortunately the way our procurement code Works we're not allowed to have conversation and have our questions answered other than in a public forum so uh slightly different than other jurisdictions we'll be talking about that later hopefully we can avoid these kind of issues in the future but um again appreciate your coming out and appreciate the presentations great so may one thing I would have liked to have seen they're both impressive presentations both a full 10-minute duration thank you uh thank you so much for being South Mii residents and uh as well as having your business located here you know you also some your team from South Miami that said I would have loved to have just seen a simple rendering of what type of plants you have in mind and and just foliage because just like just like placemaking that's going to create a brand for the cities we want something that differentiates South Miami but that's still elegant and sustainable and I didn't see that in either plan that's what really would have helped me you could have taken any Corner any area where we currently have foliage that maybe isn't in the best uh shape and shown us the before and after and I didn't see that in either presentation so um yeah it's not a question to me which firm is more qualified but so thank you thank you um should we table this discussion so you guys have a chance to confer further I I think we've confirmed you have okay so why don't why don't you give us the rules of the road then so we don't I don't drive us off the uh off c yeah we've looked at your rules and we've looked at the RFQ and um the best course of action um would be to bring this back next next uh meeting okay with the manager recommendation and you all can take action one way or the other okay let's do that then okay thank you very much so colleagues we'll uh have ad back on the agenda uh next meeting yes commiss K before we so again going back to the process do we want when we bring it back next week do you just want to do one two or do we just how is it that he will I think my understanding of the posture of the item will be the item will come back onto the agenda with the manager's recommendation and as Council said we can choose to either approve the manager's recommendation or take such of actions such other action as we deem fit that's what we're saying yes that's what we're saying I didn't understand that I'm sorry okay so I just want to going restate it the item will come back as recommended with a recommendation of the manager we can adopt the recommendation or we can choose to move in a different direction and I would say for purposes of expediency let's save the any discussion about that to the next meeting that's okay last question mayor sorry yes sir you recogniz opponent silence is that still in effect still is in effect at the end at the end of this meeting as soon as we close this discussion we are not allowed to have conversation with any of the respondents again D you not trying to be rude it's just unfortunately our our rules of the road so again thank you for your time thank you for the presentation certainly very helpful to me I'm sure it was helpful to my colleagues as well okay Madam cler do you have any add- on items no okay um is there are no minutes to be approved Mr manager if we can have your report please our Deputy manager will present good evening evening um on the capital Improvement side there are several updates in the interest of time I won't go through all of them but they're listed in the printed manager report they can also be found on our City website uh Saturday October 12th is going to be a busy time in the city Town Center we have the kids Marketplace that morning beginning at 10:30 a.m. that's going to run through 1:30 at the same spot where we do the night market the night market is going to pick up at 5:00 p.m through 10 p.m. it's Latin night so there will be a DJ for the first hour and then a band for the rest of the night and since hopefully there'll be a lot of foot traffic with both events we've invited businesses to do a sidewalk sale that day from 9:00 to 5:00 p.m. so we invite everybody to come out shop SOI Dy SOI October 12th um a couple of town hall meetings that are occurring this Thursday at 6m there'll be a meeting at the chimber south building uh at fukes Park that's for annexation so residents who aren't able to come out to the first meeting or have questions um are invited to come to that meeting and then Monday October 7th uh right here in City Hall in commission Chambers there'll be an informational SE session at 6 PM uh about the ballot questions that are coming out on November 5th and lastly it's been a while since we shared an update on the Avalon Bay project we met with the team this week and these are just a couple photos this is at the of project about a year ago and then the next photo was taken today um the development remains on schedule the Project's nearly watertight the roof is complete glass is going to be completed in the next couple weeks technical difficulties okay just one picture just one picture there we go there we go okay excellent uh so they're working on the unit build and finishing the interior painting on the lower units and that TCO still expected at the end of July 2025 that's the manager's report thank you madam manager uh colleagues any questions the manager and the report I I I just wanted to since we have a moment to for public discussion I I'm assuming all of you saw the report with respect to fire access for not Park no you did not so um in the in the report there were a series of images uh I I would encourage you all to look at those images uh I've talked to the manager about it um apparently during the design of the building our consultant did not contemplate the need to have fire apparatus access the building so um what we are looking at is a 15ot wide paveed surface with a t- turn either coming from 58th Avenue or coming through or just south of the south of the um tennis courts neither alternative to me is at all acceptable frankly um so I I would strongly encourage you guys to look at that speak to the manager about it and give him your thoughts I've s suggested an alternative which hopefully we can make happen um but um it is a a very Troublesome development and something that I don't think will necessarily U read well for the park yes they just forgot about fire I I you know I'll let the manager explain that uh to all of you but um it was not an element that um apparently they in incorporated as part of the design yes so but the the images speak for themselves I just encourage you all to look at them and discuss the item um you know I think it's um that is a jewel of a park and the obvious alternatives are are certainly not acceptable and I think we'll need to have a conversation about maybe some more um it's in the second page of the report yeah okay no you're looking at the there's no the U man city manager it's the memo it's the memo oh okay I'm looking at the report sorry I'm going I don't see anything in the word memo there's a series of images somehow I've gotten here you go something else that's what we're discussing okay sorry I was looking at the city manager report so anyhow I think that's enough on that item from my at least my perspective if you have any questions again I would just encourage you to look at it direct your thoughts to the manager um moving on thank you madam manager thank you uh Mr City attorney you're recognized just one item tonight yes so at the workshop last week the tstd workshop a question arose as to whether the commissioner could participate and vote at the November 5th meeting commission meeting which is also obviously election night we believe that he can under the charter uh however we think it's best and after conferring with Nikki as well that the meeting be moved to the previous day Monday November 4th and in order to reset the meeting we would need a motion by majority vote tonight okay so can we can we take that action in conjunction with considering the item the item is on the agenda correct the TSD ordinance it is okay so we can why don't we have that conversation with that that would be fine thank you for the we just need a majority vote and a motion I I I would appreciate as I follow up I know I had a sidebar with the c attorney about um the litigation with mandl that was initiated by mandl against the city if you could give us as part of a future report some color on that what the claims are and what they're asking for by way of a a resolution okay thank you okay we'll move to uh public remarks um first on the list Mr Ward you recognized the first thing I need to do tonight is apologize to former mayor Horus blue he sent out an email today I read that email and I thought it was him and uh later was told it was an article from the Miami heral and I can't say to you what I said to him and he called me raising can about it and I apologize and I'm doing it again tonight you know as individuals I think all of you are fine people but when it comes to political situation this city right now with some of the things that the major projects that being considered is just in my opinion and some of the others unbelievable now this idea of this 30 story or more building that's going up allegedly not yet to chops the sunset that's being considered and this project about City Hall with 25 story buildings and one fivestory building um just blows my mind mind I don't believe that you all realize the majority of the residents in this city are very much opposed to those two projects and since you all like special elections why don't you have a special election and ask them their opinion and if you get more of them to say yes I'll stand up here and apologize a thousand times or however many votes that it gets to defeat it it is a hard time I've worked for the ever commission since 1961 before you were born and we've had good commissions and we've had bad commissions and we've had mediocre conventions commissions and you're a good commission except you just don't understand the people of this city so I don't know if that's called good or bad or indifferent but I wish you all would really give serious consideration to the fact that those projects that you're considering for instance the uh proposal on the agenda tonight talking about shops of sunset I doesn't mention 30 stories and a lot of the things that are put out in the paper about the Miami about city of South Miami you all technically present everything but it's something that an average person in this city has no idea what you're talking about sometimes I find myself like that and I hope that there will be some way that you all can reconsider those two projects and I hope you won't try to move silver Martin building because if you do I'll guarantee you it'll crumble and if you think there's a river under this building as some people have said then I hope you'll go swimming in it because we checked it out when it was first brought up by a former mayor and the guy that looked he said I don't know how they came up with that idea and I'll sit down by saying this I was talking to the mayor at the back of the commission meeting before we came in and I told him from now on I'm going to refer him as highrise thank you and by the way I'm going to sit in the back I want to be able to leave live leave early and watch the debate thank you thank you Mr Ward and I guess that one of many political nicknames I've earned so thank you um next on the list uh Mr Jeffrey Garcia please good evening Mr Mayor M vice mayor Commissioners manager uh my name is Jeffrey Garcia 4710 Southwest 6 7th Avenue I wanted to just uh Bend here for a moment uh this evening and talk to you about a future proposal that I have mentioned in passing to some of you that a client of mine uh BB developments Inc plans on submitting as an unsolicited proposal P3 proposal the question though that I wanted to profer and put before you is the this is a smaller scale without get the details because they haven't submitted yet um it is a a paddle program paddle Court program in conjunction of partnership with the city it is a smaller scale program and when you look at the unsolicited proposal application fee it appears my understanding is that it's a $10,000 non-refundable application fee and I was wondering if the city would take into consideration having these application fees be a little bit more commensurate with the scope and the size of the project not just for this one isolated project but just kind of as a general principle and I know I've had this conversation with some of you uh you know on not specifically to this but just in general and I would like to just raise this as a point of a conversation for our for the commission thank you sir any questions no okay we'll take it up thank you thank you have a great evening yes mad Madam Vice May yes for him it's not a question for him more a question for us um that's not an item that's currently on the agenda so would if if we wanted to be able to discuss something like that would we need to put it on a an agenda for like next time another time how would we deal with something like that so the answer the answer is yes okay but if there's just just to give you kind of the the roundabout like this what he's talking about is section two- 82 which is the unsolicited proposal section of the code that actually when that was adopted it provid provided for guidelines and standards to be um it adopted certain guidelines at $10,000 was in the guidelines but it also authorizes the city manager to modify those guidelines as needed uh so the city manager has the the authority to do that anyway so whether you want to discuss it in the future or not that you know you could also just talk offline with him because so this ises not require necessarily commission action the manager can revise a standard on his own right and if there's a consensus around that here he can have conversations with just individually that's correct okay fair enough okay perfect thank you thanks okay next on the list Mr Lee Jacobs Mr Jacobs good evening thank you everyone U what I'm concerned about is the the deal that's being presented tonight and I know it's already been approved that you're approving the shopped at Sunset Place and I I wanted to ask you why did you more than double the density at the shops from 60 units to per acre to 150 unit per acre in private meetings and not in the public you gave them you were welcoming them to present their plan last November to city manager and you all no citizens were aware of the plan but it was legal previous commissions approved it omitting citizens from the project so that troubles me what kind of government would allow that and then you're carrying it on what do you think about that anybody is that a way that to run a government omitting people from the biggest project in the city ever Mr Jacobs I I just I don't want to take away your time if you stop the clock for him John I appreciate it okay I'll I'll no no no I I'll just I'll address the question I my recollection in uh the city clerk can confirm it there were I think 150 plus people present that evening for the items that modified both the comp plan and the zoning so again it was not done be clear for the record whoever's watching and for posterity that it was not done in a back room and uh cigar smoke Laden area it was done on this day with chamber full of people it is true though that the by the way it was also advertised in compliance with our code and all the requirements of Florida Statutes so yeah it was legal like I said but the previous commission gave them permission to bypass uh the eprb and the planning board and it was just presented to you and then you presented it as what it is right so Jacobs I I think we're confusing a series of processes of which only one thing was done the first was a regulatory plan for that area what's before us tonight is the first reading of development agreement yeah there's a site plan approval and as buildings get built there will be administrative reviews of the buildings as well and I I don't recall if it required now drb review or not but does not Council Council can Council can clarify that point no it it does not require drb review but all of that was adopted including the that Mr J was at the hearing we discussed at three public there were three public hearings one before the planning board two before this commission um and it ended up with it it culminated in ordinance 26-23 d2477 thank you for clarifying that sir continue okay it is true that the previous commission approved an increase from four with a the parking lot that they have the seven the 10 and 17 and then a variance was given to them to increase the first two towers by eight additional floors so one floor is approximately 25 units is that all familiar to you or not a floor is about 25 units my block has 18 so each block City each floor is like a small City Block U and in the second tower you allowed them additional floors and 17 they were allowed 10 and 17 and you allowed them 15 and 16 additional floors if they meet the bonuses so that's 31 city blocks of new residences living in the sky in 24 Story 25 story and a 33 story Towers so the langu in the variance is troubling because you never ask the developer to account for the number of police we'll need to hire to provide safety nor do you ask them to provide Park land in compliance with the number of people that they're moving in and new residents will tonight it's going to be a done deal so we don't get to ask them how about some money for police how about some money for Parks the developers are free in my experience the commission doesn't care about asking or telling the developers what the Citizens need they seem to exist on another plane they work their work is to influence you and gain variances that increase their property value so you're asking us to volunteer a higher tax to pay for the incoming residents this is a ask based on trust and from what I see I can't trust what you're doing I think the development should pay for itself and not we pay them to develop our city for us thank you for comments Mr Jacobs I I'm I'm happy to talk about these concerns with you in detail if you want to call me but I I just want I want you to understand I I I believe there you know typically any project that's built the city has to pay the requisite building permits impact fees uh Park impact fees uh when the ordinance was adopted just so you understand the public watching understands our staff completed analysis to make sure that our level of service around parks with think addition of units was not going to be diminished so all those findings all that analysis was done in conjunction with the approval of the district so again and again the City attorney if I'm misspeaking you can please clarify the record for us as well so but love to have a conversation with you and see what questions we can address because there will be another reading of this item later this month sir thank you madam clerk is there anyone else online who would like to address this commission anyone on Zoom please raise your virtual hand if you would like to speak to our public remarks oh please come forward my apologies that you not on the list that's why I didn't recognize you please come forward if you can read your please read your name and answer into the record please thank you welcome my name is sus and I live on 520 Southwest 76 Street um I like the other residents here of South Miami this is my downtown so this is where I'm at all the time um a lot of concerns like this gentleman said all of these new residents that you're bringing to the city of South Miami are going to be more than likely even if we say half of them arriving in vehicles the congestion in and around us one and 57th is unbearable as it is so I don't see any plans for addressing any of that congestion in this Sunset Place Redevelopment plan I think we can all agree that needs to be redeveloped it's an isore part of the reason it's an isore there's no canopies there's no covered spaces for people to walk within the mall and I don't see much better in the new plan you talk about impact fees Park fees but what you don't talk about is there's no additional Park spaces so great that we're getting more money but we're getting more spaces what the people want in South Miami is more green spaces the reason people like South Miami and South Grove and South Gables if you look at a map it's because it's green that's why people want to live here um I've lived in a lot of places I'm from Miami originally I'm a native lived here for many years moved away and came back because I love this city and I love this town what I see is a lack of planning your example of this building with or Park Redevelopment with no fire access these are Basics that I feel like are going kind of unaddressed I see it as a real deficiency in Miami as a whole I've lived in New York I've lived in La I've lived in North Carolina I've lived in a lot of places um it's a little disappointing that Miami isn't seeing the larger ISS that they're creating it seems like the accepted plan is to develop a corridor of very tall buildings centered around an inefficient Metro System this is like kind of shocking to me a system that doesn't go outside of this one vein efficiently because again you're talking about these rapid bus transits they're not going to be rapid Happ if there's all this additional congestion So and I've got eight seconds I just feel like with you know World red eyee on social media put out your plan and there were over 300 people that commented I would say 90% of those comments were opposed to this plan so the people that you're making this for who you want to shop at this place are not for it in its current form I would encourage you to take a fresh look anchor it with a park figure out how to get people in and out of this space 30 new blocks of people how are you going to move them around thank you thank you that's going to be a public hearing item so we can hopefully hear back from the applicant as well and if you have further questions you can come forward at the time too yes sir please come forward Christopher good evening good evening mayor and Commissioners Christopher kooki arbra 6802 Southwest 64th Avenue right next to All America Park um this is a very interesting project that's being proposed I don't know maybe I've been asleep or something I didn't realized it had come come along this far but interesting I'm sure how how much information you've been given I saw the graphic representation that was put before the planning board and there was a site plan and there were some interesting graphics and then Mr um what's his say Thomas weather heatherwick hea heatherwick um had a lot of um interesting talk but his talk did not match the the graphic repres he talked about little little alleys and uh streets going up into the project he talked about a u a Plaza on the inside of the project he talked about individual small buildings that is ridiculous you're going to build individual small buildings each with their own elevators their own two means of egress that's that's that's a non-starter that's not going to happen let's talk about being integrated with downtown South Miami and then they have an interior Courtyard just like the bakery Center the shops now has an interior Courtyard just as um buen um um covich's proposed plan had an interior Courtyard his his language does not match what they're proposing I don't know how far long this has gotten I don't know how big these buildings are going to but the information that's been presented so far I don't understand what they're really proposing to do the last thing I'll say is if they're really serious about integrating this with the city then let them put their Courtyard on Sunset Drive as a draw for people and it could be you know near where the CVS building is so it draws people on Sunset Drive both directions up into that up to the the the project and with with the cafes and um shops all the way around it the way it is now it's just another interior Courtyard that's going to die just like the shops of su Place died the way the bakery Center died because it was all interior this project as shown does not what they what they propos what they say they want to do they are not doing in their their design thank you thank you Christopher and Christopher just see you know and members of the public know the site plan where I think those comments are probably most proboly addressed will be coming forward at a subsequent meeting I'm not sure later this month so I would invite you back because I think it's a good perspective you're sharing so is is so the site plan is not yet been fully developed no there they have a site plant submitt it's been it's been presented it'll be considered by this Council this month is my understanding okay okay so I guess the question I'm asking then is the proposal to tonight is based on something that we don't even know what it is the The Proposal tonight is the first reading of a development agreement which runs you know basically is a statutory document that gives them rights and requires uh performance metrics for a term of years it does it doesn't approve a correct yes okay perfect thank you that's what I wanted to hear thank you so much uh anyone else in the chamber who wouldd like to uh come forward please name and address for the record and if there's anyone else please come forward and just make a line behind the speaker thank you good evening hi good evening um my name is Charles lzo um my address um sorry I can't really remember it right now um sorry I can't remember okay um but I'm here before you guys tonight to talk about the Redevelopment plan and everything that's regarding CET place and it's demolishing and everything um I'm here because I like AOS this plan at the beginning when I first saw it I was like good with it because I'm a frequencer sens a place I love going with my friends I hang out I have a good time and as a kid I always went with my family and everything and it was always a great time but I think that what's like really important now is that as I'm growing up and as everyone else is growing up and we start driving and we start going through things this plan is like it's not like it's not feasible really like everyone else is saying like, 1500 apartment units 287 hotel rooms and like so so many things just aren't feasible especially because in Miami I know that we have this whole Metro System but it's not really good no one really uses it and a lot of people that come in for everything it's they use cars and it's not going to be feasible because there's just going to be so much traffic and it's already bad like as someone else said it it's already bad as it is and with everything else it's just going to make it even worse and I think it's just going to clog up everything and it's not going to be good and I think that what needs to be done is that there needs to be like a Redevelopment and not of the demolishing of sunset but just something to bring back life into it because there's still people that go and there's still people that love it but it's just it's just been neglected and it needs like more attention it needs like better funding for like new people to come in and I think that this Redevelopment is just going to destroy the area and it's just going to make everything overp populated because I've spoken with my friends about it and they originally work for it but once I give them like the details of the plan like some compared it to the one that happened I believe in Coconut Grove the Redevelopment there but that Redevelopment it didn't have as much like density and like areas as this and I think that this is just it's not going to be a good idea and I think that this should really be a reconsideration about what's going to happen and about what's going to be done because I really don't think that this is going to be good for the city thank you we appreciate your comments thank you any other speakers I have someone online okay uh Mario iPhone pleas yourself Mario uh Mario Salazar 7030 Southwest 63rd quar um I am going to Echo all the concerns about this new project um I also was not aware of it until I started seeing um presentations on YouTube um and then I saw the mayor being uh interviewed on YouTube where he stated that he made sure that the city made sure that they were going to stay out of the way of this development this time around and um I got to say I don't know what you guys are thinking I don't know how you think this is good for your current constituents not your future constituents you know uh I really don't understand where you think all the traffic is going to go um because I drive my kid to school from my house by South Miami to Sunset Elementary and already it's backing up at 8:00 all the way from Sunset past 602nd and it's just going to get worse so I just you know you you want to you want to use the Metro as this uh Catalyst to approve these buildings these monstrous buildings which constitute basically 30 city blocks and I ask you where is the planning for for the traffic where is the the concern for your current citizens what's where's the the concern for population density it seems like every the cart is being put before the the horse you know I I listen to your Transit presentation or to the transit presentation and they're like well let's let's make this a very dense area so then we can get the money so that the government can get a good return on investment I I really don't think the government should worry about return of investment I think it should worry about servicing its citizens you know there should be a good transit system and then maybe the area will become more dense because of the transit system not the other way around so I I Echo what other people are saying I really hope that you reconsider or there's something that can be done because frankly I had no idea this was going to be done and when I saw it I thought that's no way are they going to do this and then I come to find out it's true and you know and it seems like you guys are kind of proud of this but I invite you to to to look into the South Miami neighbors Facebook page and read the comments because there's a bunch of Real Estate agents that love this but everybody else seems to be against it so I hope that there's something that can be done because you'll be seeing a lot more of me coming to these meetings because you know I'm going to do whatever I can to see if we can at least pair this down and not have 1500 units in a 33 story albatross in our city it's not the vernacular of our city I know that maybe you know I've been living here for 27 years maybe I'm stuck in the past but I really think that this is not the way to go thank you for your time thank you for your comments Madam CLK is there anyone else online anyone else on please raise your virtual hand we have someone in the chamber please come forward sir hi good evening my name is Ken henel I live two blocks west of University here in the University neighborhood um and and my concern is you know it says their city of South Miami not city of Miami and I just wonder do we know who we are here I've lived here five years uh I walk this city uh a lot and it's it's tough to to cross uh us one it's dangerous too uh and um I walk all over the city that's my primary way of getting around and it's not so easy uh I know this is the city of pleasant living but it's not always so pleasant trying to navigate around on foot and I just wonder does it fit with the character of this city I see uh a couple new 12 story buildings wind Dixie is now a 12 story building and then there's that one right by the uh South Miami train station which is I don't know yet if that's resal a commercial what's that going to be it's about 10 stories plus or minus but now to go to 33 stories uh it's like uh you know it's like an adult sitting at the Kitty table of Thanksgiving um and I I don't know is that what we really want is that is that who we are it that city of South Miami not city of Miami uh um just want to Echo all of those concerns that people have about the congestion and uh you know traffic and 1,500 new residential units I don't know we setting some kind of record here uh but uh it just it doesn't fit it's like you're trying to squeeze something into a space that you know it's it's about 20 stories too high and I hope something creative does happen with that I mean but you know you had a couple of uh Landscaping groups uh talk about a plan and I didn't see anything that looked like a MC monstrosity mcmansion monstrosity squeezed in uh I mean it kind of was organic with everything else that's supposed to fit into the space and the current Dimensions uh are not are not such that's that's my feeling about it so thanks thank you anyone else in the chamber or online Madam clerk anyone on Zoom please raise your virtual hand okay with that we will close public remarks uh colleagues we've got a number of items on tonight's agenda um okay we skip commission reports for the time being and move on to the substantive items uh do we want to take up the discussion item very quickly okay Madam clerk can you read uh discussion item one please yes discussion regarding con silence Section 8 a-7 of the city code colleagues there items on the agenda because we uh do have a c silence provision that uh is a little bit atypical in that in most jurisdictions uh that period ends once the manager has rendered a recommendation uh today's presentation is kind of emblematic of what we're trying to correct is there a desire to see um our process kind brought into line with think with us the standard practice elsewhere any thoughts on that I was just going to ask if there was a cona silence or if we can discuss okay I I support the item okay I support it as well okay okay so uh should we give are you on board as well yes okay so I think that with that we'll give staff direction if you can bring back an ordinance for our our consideration amending the process so that um we do have the opportunity to speak to our own staff um uh and um after after the recommendations been rendered thank you okay is there a motion on consent agenda one I'll move it second mam CL can you read item one in the record please yes item one a resolution of the May City Commission of the city of South Florida amending the schedule fees and fines to increase the fee for police background checks from $15 to $30 here we have a a motion by the vice mayor is there a second second a second by commissioner leedman colleagues any questions or comments seeing none mam clerk if you can call the role on consent Agenda One yes commissioner lean yes Vice Bon yes commissioner Cory yes commissioner K yes mayor Fernandez yes item passes mam clerk I skipped over an item on the Maria band rhas um appointment does that require action or no okay so do you want to read that for the record quickly band R has been appointed by mayor Fernandez to the unique abilities board for a two-year term ending October 1st 2026 okay great thank you before we get into the uh regular items on the agenda um do you want to take up the deferral of item five is there a motion to defer and if so is there a date anyone would like to suggest I I would like to suggest November 4th November 4th okay so uh uh Madam clerk on the deferral you need to read the uh um where the following meeting the header into the record the title yes yes if you can read the title for item five please yes in ordinance of the mayor City Commission of the city of South Miami Florida amending article 8 Transit supported development District to modify appical development regulations providing for Ability conflicts implementation and effective thank you madam clerk uh so commissioner lean you were suggesting a deferral of this item to uh Monday November 4th which will require October 15th or if we have time November 4th if we have time sorry November 15th if not October 15th sorry October 15th if not November 4th okay so yes commissioner K you're recognized so we we had we spoke about earlier in the uh Sunshine meeting that we would do a sunshine on the 15th prior to that and then we were supposed to vot vote on it on the 15th if that needs to happen we would need to have all this pretty much done by a week before that so I think we should really look to expand a little bit longer what commissioner lean's saying so we can really get down to getting this completed correctly yes Madam vice mayor you recognize as well I think if we keep pushing this and pushing this we're never going to get this done I think that the last meeting that we had shows us that the more we continue talking about this the more we continue changing this it I swear it's like sending a kindergartener to school and watching it happen and then all of a sudden they're graduating from high school so if we could commit please to maybe having a meeting today is October 1st maybe we could commit to a meeting before the 15th to find a I'm not GNA I I will I think we we what I'd like to have happen unfortunately we scheduled a workshop and what we received was a list of 15 items that were not in any way that weren't any so so again I don't want to set myself up for repeat of that I want to make sure that staff has time to review not only the concerns that we've articulated but thirdparty concerns that have been raised about Provisions in this draft code that uh may or may not make sense um and provide us a professional recommendation and options to consider um so that we can we can make an informed decision about what it is we want to incorporate or or dismiss before we take final action I don't think that's going to happen before the 15th okay so then I have another question yes ma'am do we want to then consider I I'm just saying are we going to find what I don't want is for us to find ourselves then November 4th saying oh we don't find this finalized and then all of a sudden we're punting this until after the election and we're bringing whoever it is that takes commissioner liman's seat and they're coming in to something they've had no involvement in and having to decide something and vote on something they have no knowledge about and I don't that's fair to somebody who's incoming and I I don't I don't disagree with you but um frankly you know if I had to choose between priorities this would rank lower than the project that people have expressed some reservations about today and that you know we've all been very supportive of so I you know I think uh the reality is we can walk in chw gum at the same time we've shown that over the course of the last two years but there comes a point in time where we have to have the time to evaluate our options I would certainly like to give commissioner leave and the courtesy TR going to finalize this before he leaves the de but to me it's more important to get it right than to do that so if if you know I I would say two things one is let's shoot for November 4th so does that mean then that we're meeting before then we can we can if there is if I I'm not going to take my time to meet uh on it's no disrespect to my colleagues I do not want to schedule a sunshine meeting unless there is a formal memo that's evaluate the options presented to me that I can read digest and evaluate before we talk so all of us can make that conversation a fruitful one and say yes to this no to this yes to this or no no no no no down the board on the 15 items or so that were identified as kind of open issues that were either raised by us or raised by Third parties so if if if staff wants to give us a commitment on when that will be done I'm happy to commit to a date uh when we can sit down and talk about it certainly before November 4th yeah because then if we're voting on this November 4th then we should defin definitely have that meeting before then because if not I I I worry that we're going to find ourselves in the same position again so so Mr manager uh do we have a sense on when we'll have an analysis done on the 15 items that were presented to us at the workshop and I'll recognize you thereafter commissioner Le I I don't have an exact date but I know that uh we uh had a meeting today with one of your colleagues and we're scheduling other meetings with you to kind of assemble all that I I heard your feedback as it relates to the workshop uh part of that is also to share some information uh since then that the consultant has been looking at um that's just part of the process to get ready for the 15th so the intent is to provide you that level of detail with enough time for you to absorb that and and be ready for the meeting instead of hearing things you know live as as you speak without any backup to it so um don't have the exact date but we're going to schedule these meetings here in the next week uh we've already met with commissioner K today and trying to assemble everybody so we can kind of align behind the the feedback that I received that the workshop was not productive from the standpoint of getting these things brought put on your lap and not necessarily with any professional feedback or analysis so I hear you loud and clear and that's our intent to do that okay um I I know I've got an email requesting a date to meet so I'll I'll get a response to you guys today but um I don't know where that puts us in terms we want to I think technically schedule a workshop on the 15th I'm fine with doing that but I but I I certainly want to see you know and I don't know again it's there's a lot on their plate so I want to be just respectful of that as well my my understanding is that that it was scheduled for the 15th it is scheduled for the 15th correct we do have a workshop on the tfdd ordinance on after you and commission the commission decided to have okay so that scheduled that's fine then we'll keep that date mam vice mayor so hopefully that addresses your your question hopefully we'll get the analysis and I think uh with the deferral should we set the date for this item for November 4th can I ask if you intend to do it November 4th yes that you reset the November 5th meeting to November 4th first okay and then defer it to that date okay so what we'll do then is uh if I can get the motion to defer to the first meeting in November the first regular commission meeting in November I second your motion May okay so I've moved it there's a second uh any discussion okay mam if you can call the rooll please on the deferral um commission C yes commissioner Corum yes commissioner Le yes yes mayor Fernandez yes again to clarify that was the first motion the first meeting in November I don't know if I said December November November okay thank you is there motion to reset the uh meeting of uh November 5th to Monday November 4th I'll move that okay is there a second second so a motion by the vice mayor and a second by commissioner Cory Madam cork if you can call the role on uh the resetting of our November 5th commission date to Monday November 4th yes commissioner C yes commissioner Cory yes commissioner lemman yes vion yes mayor Fernandez yes pass okay and then quickly I just want to State the obvious whereas traditionally there's two weeks in between meetings it will be an important meeting because it'll be the last of this term and we'll have three weeks in between should we need to schedule a special meeting or or Workshop okay got it so uh are there motions on do we want to hear colleagues where do you want to go next we've got the sunet place uh da we've got a a replot we've got the lot B proposal is there anyone else in the audience who's here on any particular item I tend to want to take items for that are relevant to the folks who in the audience that we can take up other items that we're more internal business I have again the plot Sunset Place anyone else here on any other item just so we can consider in terms of the order of items we take up so um colleagues what I would suggest is we take up um for the benefit of the residents that are here uh the development agreement for Sunset Place any objection to that no okay mayor when when you after the city Fork introduces the item yes sir for the Public's benefit will you explain that the zoning the difference between we let we'll let the City attorney do all the heavy lifting today if that's okay thank you sir okay uh Madam clerk if you can read item into the item four into the record please yes item four a resolution of the city Commission of the city of South Florida approving a development agreement with sunset opportuni B1 LLC and sunset C1 LLC for the 10.09 AC property known as Sunset Place located at 5701 through 5795 Southwest 72nd Street Sunset Drive in the downtown soy DS District pursuing to Section 163 3220 63. 3243 Florida Statutes and section 20-23 of the Land Development code authorizing the city manager to execute the development agreement and all other supporting instruments required by the Land Development code for the development of the property thank you madam clerk uh Mr City attorney would you explain for the benefit of those in the audience and those who may be watching at home the significance of this item um for the record please certainly and mayor with you your Indulgence I'll read a brief statement first please if you can thank you um item number Q4 on your uh commission agenda is seeks approval of a development agreement under Section 163 the Florida Florida local government development agreement act and section 20-1 12.13 of the city's Land Development code this is the first of two readings if approved tonight the second reading is intended to take place on October 15 20124 the resolution for the development agreement is a legislative or at best a quasi legislative item item it is nevertheless a public hearing under the statute in 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 discussion within the following parameters I'll give a brief overview as I've been asked to do of the development agreement the uh and and of the context the developer may make a presentation the public should be given an opportunity to comment at that point um the developer can be uh can address that public public comment and at that point the public hearing should be closed and this commission can deliberate on on what is to be discussed uh the commission can ask any questions at any time uh either before or after public comment um and then the following public comment that's when the commission can should deliberate on this um uh in accordance with our general procedures um and because this is a public hearing it would be appropriate for anyone who wants to speak on tonight's item to uh be sworn in if you intend to provide any testimony or uh any kind of comments uh if you could just stand and raise your right hand please on on the development agreement for Sunset please yeah yeah raise your right hand thank you and anyone online should do the same turn on your camera please anyone online please yeah uh do you swe camera do you swear or affirm to tell the truth the whole truth and nothing but the truth thank you uh and Madame clerk just as a procedural uh component can you you confirm that this was item was advertised in accordance with the statute thank you thank you so this is the first of attorney before you proceed are we are there any required disclosures this is not a quasa Judicial item that's what I just wanted to not an exp part thank you for asking thank you so this is the first of two public hearings two public hearings are required by the statute and this specific issue before this commission is the development agreement it is not the site approval it is not a change of zoning the change of zoning occurred last year after several public hearings uh the site plan will is in is scheduled to come back or to come to this Commission on October 15 together with the second public hearing on this development agreement so what we're considering now is not the actual zoning or the design uh it is it has to do with the development agreement and it's the first of two so there will be another another chance at this um generally speaking uh there's a development agreement draft in your agenda that that draft had a note on it that there would likely be some some modifications in the ensuing days and there were uh those the uh revisions were circulated to this commission uh so you should all have that there's also a red line that was uh submitted to all of you that compares the current revisions and just shows what changed since the last one that you looked at that a few days ago um I just want to give you kind of the the bullet points suiz some key aspects of the development agreement um it of course it depends on approval of of the plans but it does tie the uh the development of the property to the plans if they are approved by this commission at currently those plans provide for 1,513 dwelling units 550,000 ft of non-residential floor area and then the ability to convert between those uses actually it the conversion can only happen one way because the density is CA but some of those residential units could be converted to non-residential should that become uh uh needed it as I said it's subject to the a regulatory plan which is the the initial site plan that will be before you on the 15th um that includes uh streets plazas the parking garage a unified Logistics Center uh several buildings uh ground floor retail uh those kinds of elements uh the term of the agreement is 30 years okay that is the that's what the the statute provides for um it is subject to the city's right to terminate at the 10-year Mark if they don't meet certain thresholds the the first threshold that they need to meet is they need to obtain permits for at least 200 residential units and 30,000 s ft of non-residential floor area uh they also need to commit to at least $200 million in construction um the language of that commitment is still under uh discussion uh with the developer but we're working through that that there may be comments from this commission or from the public at that on that the it provides for the buildout of internal streets and at least six feet of sidewalk so all of the streets that are shown in the regulating plan uh which divide the site into various Parcels uh those would have to be constructed along with the first phase of development uh they would have to be in place at the first certificate of occupancy the it also provides for the build out of infrastructure and surrounding rights of way that is to occur with the first phase of development provides for a public parks contribution uh the current rate is $242 per gross square foot of residential floor area uh it would be paid at building permit that's the way the the the provision is in the code right now however if they do not meet the development threshold by the six-year Mark so they have the the 10-year with the right to cancel but they have an earlier deadline which is if they don't meet it by the sixe mark they have to basically prepay $250,000 a year until they meet that development threshold all public open spaces are to be open to the public um the only exception to that is when they have special events which they are permitted under the ordinance the the the ordinance that you approved last year up to 15 times per year but uh We've also specified that no more than seven events can close more than half of that public space for more than 48 hours the public open spaces can contain outdoor seating kiosks uh you know activities uh but they have to provide a clear pedestrian path and the public Plaza has to be maintained at least half open without without unencumbered without any kind of uh you know active use um the process as I said the initial site plan approval is coming before you on October 15th along with the second uh public hearing for this development agreement once that is in if that is approved or whenever that is approved they have uh two years to bring an administrative site plan approval for one of the phases okay the the concept is that they would bring phase by phase bring that to to the administration for site plan approval and once they have that they have one year to build under it so that's that's the process that lies ahead um the development agreement provides for the public art contribution just just the way it is written in the ordinance the only Nuance at least at this point is that the art is the art is not necessarily associated with that given phase it will be somewhere on the site anywhere on the site that is accessible to the public uh there are minimum standards for interim periods between active construction in terms of what you do with the with the vacant lands there are some zoning clarifications some uh you know specific questions that came up during the site plan process uh there are also construction hours in accordance with the ordinance um just to recap it's uh 700 a.m. to 6:00 p.m. Monday through Friday for construction and 9:00 a.m. to 5:00 P p.m on Saturday no work on Sundays uh and there's no work on Saturdays if any adjacent parcel is constructed at some point in the future with residential once that happens okay there's a there's an exception for interior work within an enclosed building uh and for critical path construction when they're um let's say like pouring foundations that kind of thing uh there are U heightened rates for closure of street parking depending on the length of the street closure or of I'm sorry of the parking closure to the idea is to disincentivize using the public parking areas adjacent to the site uh and then in terms of Trees and Landscaping uh this is in the ordinance there's a cap on the uh percentage of trees that can be Palms it's at 45% and uh there are shared there's Provisions for shared maintenance responsibilities among private owners for all of the public open space and common amenities and then there's an annual report uh that's required by the statute where they're going to have to update uh this Commission on everything that they've done to that point where they are in the process and how much development capacity they have absorbed and how much is left over and the commission uh can can uh they have the right to address the development agreement at any one of those annual reports uh if you have any questions I'm happy to answer okay any questions of uh Council before we hear from the applicant yes commiss Le thank you cons thank you Mr City attorney considering your referencing the construction hours and so forth um because we learned what happened with the the um Fresh Market miuse project want to make sure that conru area the grounds will be sprayed to minimize the dust so that that way the other businesses on Sunset Drive which will be adversely impacted can continue business as usual and then if you would briefly will you explain what was approved in terms of the difference between the for the Public's benefit the difference between the zoning meaning was the height and density already approved the difference between the zoning and the developer agreement sure sure and and again just to on that point if I can build on his question uh if you can also for the benefit of the public that's here may have not been here last year um historically if you can contextualize the prior development orders that predated this one sure the best of your recollection sure and also the um my recollection was there was a significant reduction invested rights that were essentially traded for density so if you could explain that process as well in terms of uh and I contextualizing what's happening can I and I would like to say for the record yes sir not a single person opposed the zoning nobody the public meeting was advertised it's okay we don't we're discussing it anyway so it's all fine so to go into a brief history um this Sunset Place has been Sunset Place since you know the I guess the late '90s um the when it was redeveloped now there were a couple of attempts to modify the Sunset Place regulations over the last five six years uh the last one prior to this one uh modified Sunset Place and provided for uh a 3.0 uh f a floor area ratio what that translates to is I believe it's about 3 million square feet um that was already in place before this effort it was and it was 3 million square fet of uh of non-residential specifically commercial floor area that had uh all of that traffic uh that was that is associated with that that floor area was already in the project so just to again I want to give some context because I recognize everyone's concerns and they're all valid but what we're talking about is something that's two and a half times the size of dayl Mall just to kind of give it plus or minus in terms of the density intensity of activation that was approved before certainly 80% of us were sitting in these chairs so I just want to give that by way of context to people who are watching so you know where we start okay if you can continue Mr C attorney sure so that that that was the context with which the present effort to to change the the regulations um the Sunset Place was sold there was a new owner um that owner worked with the city uh to modify the plan uh and to try to come up with something that was different uh that would be more uh I I guess a better project because the sun all that retail and all the ability to do that retail just wasn't wasn't working so based on those discussions what grew out of that was an ordinance that reduced by approximately half I think it went down to 1.8 uh million to total gross square feet um along with 1500 that that included 1500 units that was what was approved by this by this Commission in the zoning what the zoning did was set the rules for what you see before you and what you what what the initial site plan is um yeah yeah yeah I'll get to that sorry it also set the the density at 150 units per acre which to put that in context the transit oriented District uh in basically in the in in the area around the Metro Rail presently um does not have a density cap so to put that in context 150 units per acre was that there was a cap that was put in so it was less than what was in there um in terms of the height the height is was a a like a like a gradient coming from south to North so from Sunset dry uh moving North the first I believe 30 uh 30 to 40 ft uh after the setback is uh two stories then it rises to 12 stories uh then there's a sliver about 15 stories and about even with the with the parking garage um and when these stories that I'm mentioning are the maximum total assuming you get all the bonuses and I'll explain the bonuses in a moment uh that rises to a maximum with bonuses of 25 stor uh about even as you move north with the parking garage and then in the corner of Red Road and US1 the maximum height with all the bonuses is 33 stories that's what was approved but in exchange for that I just want to emphasize that the floor area was massively reduced so I I I think that bears mentioning again um what is before you tonight and what will be coming before you you on October 15th this the development agreement and the initial site plan the initial site plan is proposing under those rules to do less than what they're permitted to do Under the regulations okay what they're proposing specifically is 1513 residential units which is what they're allowed to do in the regulations but then in terms of non-residential floor area they're doing approximately half of what they could otherwise do uh they're doing 550,000 fet of all non-residential uses that includes food and beverage retail office uh you know and any kind of other non-residential uses um so that's what you will see I think that's is that the context that you wanted or is there anything else just for again if I can and we'll I'll take some questions for the Su tourney could you give us a very very succinct uh summary of for example because I've heard this on Facebook and I've heard this on next door because I read all the blogs and I know Mr Salazar who's a family friend uh and I have disagreed about this but for the benefit of the public so they understand what what ability do we have to basically ratchet down the rights to something on the scale that a lot of the folks that are commenting would find acceptable let's just say if we wanted to Mr C attorney uh reduce the density or or the total floor area so it's let's just say an eight story envelope is that something that we legally can do and if we did it legally if we did it what legal exposure would we have so legally it can be done okay the exposure is what is of concern correct there's uh you know Florida Statutes allows an opportunity for a private property owner to uh make a claim against the government for the difference in value when something like that happens there's they would they would have to demonstrate that they had an investment backed expectation when they bought it and you know when they bought it there were certain rules in place so that's how they would approach that and if it was reduced uh whatever lost in value that that occurred they would have the ability to make a claim on that and it could be significant easily to say in the tens of millions of dollars to be I think easily okay so I just wanted to add that by F further context so that when we have a conversation unfor L these are the things that we have to try to mitigate as best we can so Madam Madam vice mayor you had a question you're recognized and and I think it Bears mentioning that all of this happened in partnership with the developer because in as you're saying they agreed to minimize they agreed knowing that live local was existing that there it was exploding and they could essentially say I do what I want because I can they decided to partner versus saying exactly that I do what I can I I do what I want because I can so I think when we're having this entire conversation we have to be very clear that this has in no way shape or form been an antagonistic conversation ever they've actually been an extremely good partner with the city in reducing and reframing and trying to look at this in a way that while of course benefits them in the way I mean they're not a nonprofit this is a person that has purchased an expensive piece of real estate in the hopes of making money from it as is capitalism United States of America um but also in a way that respects who we are and the city that we're trying to be keeping in mind live local exists and the envelope that they had already purchased so knowing all of that I think it gives us a very clear picture of where we stand I think I'm very appreciative of everybody's efforts in getting us here okay so um questions of the uh okay before we move into presentation uh the City attorney summarized some of the modifications do we have questions questions regarding any of the language or would we like to hear at this point from the applicant yes Madam vice mayor we only need we need a minimum of three votes to pass correct okay I just I had this written down I don't mind okay thanks commission Corey oh I'm sorry is it three on second reading as well three on second for the development agreement yes thank questions you want to hold questions Mr perz once you come forward you're recognized thank you very much Richard Perez with offic 5709 Drive um thank you so much representing U Midtown development thank you so much for the opportunity once again to be in front of you is becoming old hat we've been here uh for a year and a half working through this through this through this process uh and I want to pick up on on a couple of themes and a couple of things that that folks talked about here today in the collaborative process that that we've engaged in um and that we will continue to engage in with the city the residents um and um and and for the future of this property and and it starts with the fact that that we're all from here um Alex viia the principal um he's proud of saying that he drives in front of this of this property 20 times in in a weekend um I grew up in Westchester but this is my backyard uh we have a keen interest in making sure that what we do here is done right and is is something that um that isn't the mistake that was done here um two times in a row a project that that we will all be proud of a project that will undoubtedly shape the future of the city of South Miami and the future for our children and who enjoy this area um and and I think the Baseline is other developers could have walked in here and said live local act we can go X Rapid Transit Zone if you look at what's happening in the rapid transit zones all around here they're going taller they're going bigger we never took that approach we were always our approach has always been what is the vision for South Miami what is it that we're going to do as a matter of fact um your City attorney reio in that develop has asked us to give away the rights to go live local here to go rtz because of the collaborative effort that we've all put into this we never want to to be the bully in the room to use those laws against the city we're here to create a project that we could all be proud of and create it in a consensus building mode with the city and what was that consensus that we all started this process with it was this this can't be a regional Mall anymore we have the rights to develop this as a bigger D land as a regional mall and in fact that's what it developed as and when you say 1500 and and I've seen this a number of times when you say 1500 residen of units people immediately go Oh my god the traffic right but this isn't a green field this was a regional mall and we will have a robust presentation October 15 in about the traffic and how this project although it may seem counterintuitive to some is actually a major reduction in the possible trips that can be generated when you compare the existing development and compare with what we're proposing residential units drives significantly less traffic than commercial um and and we're we're prepared on October 15th to give you a robot presentation on that and happy to speak with all the neighbors with regards to that you know people remember nostalgically Sunset Place right but what they don't remember is how much traffic that project generated how you needed to build a second parking garage to deal with it right and if this was again a revitalized regional Mall the traffic situation would be significantly worse and so I think that that provides I think the appropriate context of Us coming and saying okay it's not going to be a regional Mall what is it what were the mistakes and all of us collaboratively we said it needs to open up right it needs to open up it needs to have streets it needs to have real streets where people could actually drive through it they could park there they could they could reach out it needs to be uh appropriately landscaped it needs to have all these things and I think we've worked in that collaborative spirit with the city to develop a site plan that I think moves forward that vision and certainly on October 15th we will have a very robust discussion about what what it is that we're proposing why we think it is the appropriate fit and why all of the things that we did in that in back in November when we had this room filled with people talking about the future of Sunset Place and and how we all sort of you know sort of said you know all of these incentives are the right thing what we did was we took those incentives and we even went further like like like City attorney resio said broader streets broader side walks plazas Open Spaces we're very very proud of what that what that project looks like and I know that there are people who are against the project uh but I gotta tell you the vast majority of the people that that we have heard from are extremely excited about the future of South Miami extremely excited about this project and we absolutely share that enthusiasm and it's been uh as always a very collaborative effort with City attorney resio to get us to a development agreement obviously we can get into the details and and certainly there'll be another another opportunity for us to discuss but we're extremely excited extremely proud of of of the project and extremely appreciative of the collaborative effort that we've had with the city um we we are not um bully developers we're not going to use those laws against you all we wanted to really create something that was a win-win and we absolutely strongly believe that we've gotten there and we look forward to um discussing it further October 15 okay questions of the applicant anyone no okay um we'll pause there let's open up the um matter for public hearing uh this is a public hearing on the development agre development agreement which is item four on tonight's agenda if there's any member of the public who'd like to address us or has any questions please come forward at this time you're welcome it's been Diva you're welcome you're you're recognized again thank you thank you um I'd like to address something that keeps being said by you all that the previous hearings were advertised if nobody knows about them your advertising was a failure that seems pretty basic um with regards to what the attorney read I would love to see a copy of that if that's able to be posted somewhere that would be helpful for all of us um additionally great thank you I would like to know are there any kind of consequences tied to those benchmarks that you outline yes please you're recognize Mr attorney thank you mayor uh yeah those benchmarks there's termination of the agreement okay for each of those benchmarks or only some of them for the two that I mentioned which is the the you mentioned several more than two if I may yeah thank you they have to build By the 10year Mark they have to build 200 residential or they have to permit 200 residential units and 30,000 feet of non-residential floor area and they have to commit to $200 million in improvements corre okay that includes rights away and all that if they don't meet that by the 10-year mark this commission can terminate but there also a six year the six year has a different uh consequence right that consequence triggers a 200 $50,000 annual payment and then there was also benchmarks tied to um different things during the development process etc etc I would like to see as a city resident consequences tied to each of those bencha so just to to give you a little bit of comfort as best I can um those benchmarks are there because we share this we want to see progress right if we're if we are making this accommodation correct we all want to reap the the benefits and enjoy the amenities correct that the project can bring so what the what the termination provision would do is make sure that they are either affirmatively advancing right and they're not sitting on their rights for 30 years correct while the rest of us are not enjoying those amenities so that the goal is the consequences termination loss of their rights under the approved site plan and the development agreement okay great I love that um 45% palm trees is a huge mistake they provide no cover they provide no shade um we're not going to walk there if it's hot it's raining we're not coming um and yeah exactly um and then there's there's an assumption that just because something has been approved that it automatically gets executed upon I think there can be revisions and I hope you would provide for that um in to your constituents um because I do feel like mentioning that the what is it called the um my way highway whatever what was the uh talk my way or the highway basically is what I read it as live local um it kind of puts us in a hostage position that's a state mandate it's not I understand it could be whatever it is but it puts us in a hostage position where either we do what they want or they can build bigger well it's not that we do what we what they want it is a state mandate the state mandates what happens the cities are let's finish I hear you I hear you but it it puts us in a hostage position essentially um again I I'm out of time but I think we all agree that there needs to be Redevelopment I think we all want it to beuse for the people that live in the area I look forward to seeing the congestion because I'm I'm yeah I'm skeptical at best um thank you for your time thank you uh is there anyone else in the audience who'd like to address uh item four on tonight's agenda please come forward sir good evening again your name and address of the record Gary Simon 6465 Southwest 10 Street is there any proposals that incl over US1 from this property over I to the metro rail site or to where where closer to Red Road will their site plan provide for that kind of placement so that they don't build in those areas so because I'm sure it's it's a very complicated thing to build to walkway across but we should try and foresee future needs so Mr Simon I think I think the development agreement does speak to that if the City attorney could elaborate just to address your question yes through through the mayor so the development agreement provides for uh the option in the future to provide a pedestrian overpass across us one it it it contemplates that that that's a possibility in the future there are a lot of uh things that go into that fdot is involved and obviously funding for that is involved but but the developer has that has that ability to do that in the future it's the what I'm talking about also is the square footage on the private property or public setback areas on the owners owner side on the northwest side of their site I think I think I think what Mr Simon is saying is uh and that's something we can discuss potentially is you're looking at reserving some requisite amount of space for a landing for such a connection to be made correct okay development agreement does not it it does not yet that that is not contemplated have to likely you know again we can talk about this at the next hearing but uh likely would have to be connected to the structure Mr Jacobs I'd like to thank you I'd like to point out that the rules for uh traffic in the State of Florida are the roads are graded B C D and F and F is a complete total failure you can't get through at one light you have to wait at least three light changes to get through most of the roads in our city are D or F and Dixie Highway is an F so whatever he comes up with it won't get any worse so he can say it's still an F it's it's like it's a complete failure yes it is that's all there is to it we're not going to be getting any better there's no improvement in the traffic coming it can only get worse but we won't be able to evaluate it because we only go down to F thank you than you and I think we're also in a transportation concurrency exception area so uh those those those grades for lack of better word don't even apply in this area unfortunately okay uh anyone else in the audience who' like to address this comment justce matter see sir please come forward my name is Ken henel and my address is 6530 Southwest 57th place I was just curious about one thing that you mentioned which was about not just a local shopping uh or uh retail uh uh entity but something that further it doesn't seem like that's the way things are are working that that to me is very ambitious uh something to try and get uh sort of a d land effect where you're drawing in from further um I mean I look at CVS there are some places where there's a CVS uh like every other block or Walgreens PE people aren't gonna come to this South Miami Sunset prior Sunset location area to do some special retail shopping from North Miami they're not going to do that and so it really ought to be understood for the city of pleasant living a city where I can't even put a 9 foot I cannot get approval to put a 9 foot porch next to my house it has to be seven and a half feet that's it and when I think about what people have to squeeze themselves into uh and the restrictions upon us and then I see suddenly uh someone's going to come in and put up 33 stories it's just to me I'm no longer in the city of pleasant living uh I I think uh the focus should be on us folks who live here and with all due respect I mean I me um it it should be organic to our our city and this place that's my idea thank you give me a second anyone else online or in the on the chamber who'd like to address item four on tonight's agenda anyone on Zoom please raise your virtual hand and You' like to speak on this item okay seeing no one else in the chamber or online we will close the public hearing did you want some Ruttle Mr Paris just two comments okay go ahead it Mr her be surprised by this we agree with this is not a regional law right this is what it was it was virgent record to drawing people from everywh else what we're attempting to do is exactly what Mr herel is asking for it's massively reduced the amount of retail here make it something for out right thank you okay colleagues uh questions of the applicant or the City attorney on the agreement okay I just I just want to just no please go ahead go ahead you're recognized I mean I guess I just wanted to uh uh first comment and thank uh the residents for coming out and giving their feedback it's so valuable for us up here uh thank you to the applicants for working so closely with City staff and having met with us a while back discussing some aspects of the project but also for um The public's benefit this will really be the first time that the commission will be able to speak on on this together because of sunshine so what I'd love to do with uh my colleagues here as well is just make sure that as we're putting these things together and giving our feedback that we are speaking as one voice of the city representing the city to the applicants so that we could remain professional not have as many singular opinions they have the benefit of having sat in many many meetings together and and come up with what they want I just want to make sure because we have actually surprisingly developed a reputation for being professional up here so I would love to uh continue that as we engage in these conversations for what is probably the most important project in the history of the city um and hope that we avoid it being among a long list of failed projects from this site so I I I'll have to repeat that for commissioner kai no I'm kidding okay any comments on the on the agreement I I have five quick items I just just want to throw out and uh I know Mr peris is aware of them so won't be surprised if we've had conversation over the weekend and uh about the draft that was initially proposed um uh one is uh it's not in the agreement but I I have asked and suggested a number of possible ways that um they already have been again Mr Media and his team have been a great Community partner sponsoring events here in South Miami during their brief ownership but I do want to make sure that this agreement speaks at some point to community benefits whether that's employment opportunities during construction post construction for parts of our neighborhood uh support for some of the various funds we've set up uh for scholarships whatnot uh I I am hoping that the second version of this or the the version on second reading will come forward with some suggested Community benefits from the applicant so that was my first comment secondly um uh we've worked through some of the deadline and consequences I know we still got some drafting to do but as you heard for me again this is a rather extraordinary project uh certainly the the one that's going to be the most extraordinary hopefully for South Miami uh but we all want to enjoy it today I always here when is something going to happen and people aren't looking for something to happen in 20 years they want something to happen immediately we all know that to do something of the scale takes time so we have tried to set up deadlines that are reasonable but that do have consequences if there's not performance and look I appreciate you guys understanding uh that d damic and and honoring our request to incorporate some real termination Provisions in the agreement um thirdly on the RightWay improvements uh I've been very eager to see uh the plan that you're proposing committed to by actually building the infrastructure at the outset I appreciate the steps we've made in that regard um we'll continue to refine that going forward but so the public understands what I don't want to see is a constant ret tring with this developer or future developers on what the aesthetic and footprint of the project going to be like you know I think one of the virtues of a project they worked on is Midtown Miami where the footprint the future development in terms of what's going to be built there is is was set in stone very early so that we all knew what we were getting there was not constant ret trading by successive owners of parcels on what could or could not be built there um I share Miss Mena's concern about palm trees we I want to see substantially more shade trees uh 45% palm trees is not something that I'm inclined to want to support so we'll ask you guys to come back with a landscape plan that provides more canopy trees uh and less palm trees we've got far too many palm trees uh in a very hot Community um with respect to the deadlines to my City attorney I just want to make sure that uh for the deadlines in the uh in the development agreement so we want to make sure they're not subject to the ability to use legislative extensions um that they could use on things like the individual site plan approvals should there be an executive order that's promulgated right um that would give them automatic tolling on those time frames and so whether we if we need to address that as an Express waiver of that right in the contract I'd like to make sure we do that I think we should include that I would tell you this is not a permit I I I I agree but I just don't want any ambiguity going forward so I don't I don't think that's a huge issue uh and lastly and again we spent a lot of time talking about this I mean um um I think Mr Yaro makes an interesting point about the plaza being more forward- facing you guys have chosen to make it an anchor for the project to draw people into this portion of the project my concern is that Plaza is the main public benefit and so for those of you who are students of history when Bakery Center was built some of you may be shocked that in the 1980s a prior Council approved 25 story buildings on the northernmost portion of the site um the unfortunate part is like it love it what was not built was a 25-story buildings right nothing was built on that portion of side it was an asphalt parking lot and certainly I thought that was the worst outcome for us because it provided no Gateway of any prominence into the city so uh we've talked quite a bit about the fact that on that northern part which is again the most ambitious Tower the tallest tower the hardest building to execute but that also is going to be anchored by this public space I want to make sure that this public space gets built sooner rather than later and so I am looking on the next reading for a commitment for you all to actually commit to a minimum square footage of that Plaza and the amenities that will be delivered within a time frame separate apart from whether something or not gets built we want to make sure that northern part of the site is activated so those are my comments colleagues if you have any I'd love to hear them as well okay can I come back to you yes please you had number one Community benefits number two was what performance Milestones okay number three three was the roads the roads correct uhhuh infrastructure number four uh legislative deadlines okay and then our extensions and shade shade trees and then Plaza and the plaza yes ma' okay so the performance milestones we I think they kind of are already addressed in that document am am I wrong when I was reading through it it it is addressed in there is it not there's that's the 10 year exactly so those are addressed as there are there there are some there are some nuances that I've been going back and forth with Mr peris about you know the lawyer and me you know wants more certainty and so uh yeah so we have a zoning lawyer as your as your mayor it's a bad a Bad Thing some ways maybe for many reasons depending on who you ask but one of the things I'm concerned about is you know um you know this is a very well capitalized Group which is a blessing for this project right um it means that they can do it right uh they've already demonstrated I think their commitment to do it I think one of the virtues of this version of the project that was not something that was going to be realized in the last time is that we were going to be stuck with the prior iteration of this project with the same U configuration for the southern half of the site because we were fully locked into a lease with the movie theater right yep they have opened up that option right uh through a relocation agreement they've probably had to pay a not in substantial amount of money for right so they could have the option of opening up the site and changing the geometry of the buildings that are built there so and I think they've shown that time and again uh in their desire to kind of really want to change the physical footprint and how the future buildings relate to 57th Avenue which today that relationship is terrible right how the building relates to Sunset Drive where the scale now is 80 ft and they're proposing to take it down to two stories those are all those are all pluses right um what I'm concerned about is what happens if these gentlemen are not in their seats in 10 years right which you know anything can happen to any of us right so what I want to make sure is that we are pushing them to execute on phases as soon as possible because we want the benefits today uh we also want the certainty of the development to happen as it's been proposed and uh one of the things that we are is still an open issue is um to me just merely getting a building permit uh may or may not be sufficient uh raising the capital to execute the project if it's their own Capital there no necessarily any consequences for nonperformance other than reduced returns which are certainly significant to the sponsor but I I had suggested the addition of a debt threshold so if they haven't completed a phase the phases the first threshold by 10 years but there's debt on the property right was the 200 million which is the 200 million but again there's there's some language that leaves a little bit more open I'd like to just close it so that's why that in my mind that language is not finalized okay so is it safe to say you have one two three four five six you have six things here of which I think four are are pretty much are there yeah I think we've moved substantially down I I I I think you know I I I just say this because I I had the benefit of probably driving our City attorney crazy with a carot and stick conversation that probably took years off of his life yesterday um so I and and I appreciate you'll get you'll get them back Buddhist Retreat yeah right he's going he he went on vacation and and got back to to talk to me um so so when I think when we're looking at this list of six realistically four of these six are are essentially there so you know because the the plaza is there I I think the the deadlines with the leg legislative extensions VI I'll just say this to kind of help you if you want us to land a plane I I'm I'm I'm planning to vote for this item today they understand my issues I expect at the next iteration to get a document that's responsive to these things uh I'm confident that we'll get there we've made a lot of progress in a week frankly uh of kind of going back and forth on this uh including over you a lengthy call on a Sunday so you know I'm optimistic we we we close it there's one thing that I that I really am opposed to having in this document and I think it's just because I on our side I think it shows bad faith and that's Community benefits um I I think that there's there's 15 ways to skin that cat and I don't think this document is the place to do that I just I I don't I don't know why it would be bad faith I mean I don't think that part let me explain well let me explain what I'm hoping to accomplish we we have you know I'm not trying to make this project a Lifeboat for every issue in South Miami certainly no project can carry every obligation and I recognize that each developer sponsor and partner brings different strengths and different passions right all I'm asking is to harness whatever their passion is right um they're going to be just like Baptist is a long-standing stakeholder um um they make commitments to us all the time about things they're going to do and they support numerous events um you know but by choice not by document well they they do it both ways um and I and I think that this project given that we can't ignore the history of the site the site was part of was the anchor for a a former CRA uh that was attempting also to bridge The Divide across the two sides of us one an ethnic and racial and socio economic divide divide and I think this project still its future duration should have some role in helping to bridge that divide and bringing the community together as a whole um I have not prescribed to the developer applicant how they should do that I've simply suggested any number of ways and I'm and I'm open to whatever they're going to suggest but I don't I would disagree strongly if not vehemently that this contract is not the right place to deal with those kind of issues I I yes commission K you recognize I'll Rec I'll recognize you again sorry I just wanted to follow that up so vice mayor I think one of the things that we've done um well I've been working on as well is working with some of our developers and contractors for example nv2a with the um underline we've been working on getting a lot of jobs created uh and also supplied and and and fulfilled through our city like so we we partnered with Coconut Grove and their Commissioners to provide a list the contractors and subcontractors go ahead and start feeding that and they get start getting hired so the idea is that we start feeding it locally and start working and getting to it so those are some of the things that we've done we've done that with related as well and it's worked pretty well and we can continue to improve that so that's just a suggestion can I can I answer him you're recognized yes okay thanks and and I don't I don't disagree with having those types of things at all I just don't know that a development agreement is the place to put it in I think having those programs and having those conversations not just with a developer with anybody in our city you know I don't know if you guys remember the vet cardiologist who's behind strictly tennis when he was in front of us wanting to build out his place nobody said to him yeah you can build out your place but by the way you have to hire these guys and it's part of your permit I'm just using that as an example I mean apples and oranges but still look I think I I think that conversation can be had I just don't think it needs to be done part of an actual document holding like one shouldn't be one shouldn't preclude the other like hey this is your document have at it as part of being a part of our community we would love for you to consider this we want you to partner with us in these different ways and you can choose yes or no however it is that works for you and your company but to insert something like that into something that the city is doing with them I just I don't think that's the correct Avenue commission Leeman you recognized oh thank you mayor I'd like to take a little different perspective so for those of you as the mayor likes to say and I I I appreciate a sense of humor that public service hasn't been good to me but I've I've been on this dayis for 12 years and and eight months and when I was 12 years and eight months old I used to volunteer at the Miami pardon me at the bakery Center specifically at the Miami youth Museum every Saturday from from 12: to 3: that aged me too as well uh Mr Mayor um I'd like to take a different perspective and a perspective that maybe hasn't been uh been presented maybe it's been presumed but one of the most exciting things about this project is that they hired a rockar architect probably the hot hottest architect SL designer in the world and one of the most ex projects all over the world I encourage you strongly to look up Thomas heatherwick read his book if you want to uh open up some of his TED talks but what's even more exciting is that this will be probably the first private project other than the Google campus in the United States and it'll be right here in our tiny South Miami to give you further perspective obviously this is known as South Florida with that in that Miami there's 34 municipalities in Dade County South Miami is amongst the tinest and we're going to have this architect right here in our city some public projects that he's done and just a couple in the United States sure you're familiar with the V the vessel in New York and Little Island in New York little island is a is a park made from stilts it's a made built on stilts that sits above the water I encourage everyone to check that out and that's really what we need in our city we need some some Creative Design we need to differentiate our city and you know everyone who ran for office that's on this deis and the candidates running now they all have one thing in common and the number one thing they all ran on was to bring vibrancy and to activate our commercial area and for those of you that do not think it benefits you as residents it absolutely benefits every single one of us how do you think in a tiny municipality with amongst one of the lowest millage rates that's your property tax rate in the entire County can we afford to have our own police department and the best police department at that which consumes over a third of our budget there is no answer to that how can we also have the richest garbage services in the county in this tiny municipality it's because of a commercial area which historically the commission has not supported imagine if we support that area and let me ask you doesn't everyone here and we have to put in perspective how many residents we had versus how many people spoke tonight or on line that are opposed to the project the one thing I hear every day and commission please tell me if you hear any different we want a commercial area that we can be proud of that touches every single resident every day and all the visitors to our city so to quantify what I'm telling you is that commercial area accounts for two-thirds of our tax base that allows all of us to enjoy our rich city services the richest in the county while keeping the taxes low so it absolutely benefits every single every single resident and I don't know anyone who's not embarrassed by our commercial area look at this just look at the sidewalks I know we shouldn't walk while looking down but but try it if you don't want to look down look to your left look to your right look at all the closed uh look look at all the closed storefronts and what we need in that area is very simple it's feed on the street and how do you do that without traffic it's called urbanism you build commercial in that area even before my time I know it's been a long time the deas there were two Twin Towers even before the iteration that we approved and the the Sunset Place and bakery Center there were two t Twin Towers approved for I think 22 and 24 stories right around um 25 stories this is everyone's familiar with a Publix in a strip mall or a Starbucks this is the anchor tenant of our city and someone brought up an example before of one organization which may who may be very active in the city and we absolutely appreciate that but there's only one other similar s of the size in the city and they don't pay taxes this is going to be a tremendous revenue generated for the city we're not just talking about the property taxes everything is going to feed off of this um off of this project so um yeah I'm absolutely in favor of this item I'm very appreciative which had a lot to do with my original vote on the zoning of bringing this architect um it's already been signed uh is one of my major reasons for supporting this project I want to differentiate the city and I wanted to bring some vibrancy back to the city and more than anything going all the way back when I Champion the logo and the street signs and the the welcome sign and now the place making I want to give the city a brand an identity something that we can um we can all be proud of so um yeah with with that said I I think that resident should be excited about this because I know I am and we were elected to represent our community and I I commend the commission and also our our development Partners um and I'm actually in favor of these I'd say I'm in favor of these performance penalties because I want to see this as I'm sure everyone else does as soon as possible so um yeah thank you thank you for indulging me thank you sir uh working on yeah one last thing it was brought up the reason I brought up the zoning is the only complaints I've heard this evening are height and density and not being rude people often times confuse truth with with rot it is a fact the height and density have already been approved so if there's some some other objection the objection could be trees for example that's a valid objection or or traffic but in terms of the height and density that has already been approved uh thank and and again for the record not being rude it's just truth that's why we're here in the de not a single person showed up to oppose it which is very surprising thank you commissioner uh commissioner Corey and then I'll recognize commissioner K and then I'll entertain a motion if we can thank you thank you very much mayor I just wanted to um mention two of the quick points that I had from this and of course um in in the spirit of collaboration I mean I do think this is the appropriate time for us to discuss these type of benefits and you know you've been uh great as a partner not strong arming us with preemption options and we're going to be great as a partner not strong arming you either but uh you know the the benefits that were previously discussed are are important to me as well and I know there was a program you guys were already considering and I would love to hear that program or more details on it on the second reading and then I did want to also ask the commission and again I'm trying to build consensus to make sure that we're operating in one voice but um for this type of project project and what we know will happen as an interruption on Sunset Drive and in in the middle of us building on Sunset Drive as well would would we be interested in Greater contributions to the streetscape improvements being that at currently this agreement would only require them to build up to their curb I think it requires them to build to the middle Center Line Center Line the roadway so well all the way around it's not just Sunset it's literally Sun 57 US1 58 I so when when you think of that to the other side of the stre no to the center line okay just to the centrer line yeah okay I mean that's an awful lot of real estate and and U Mr City attorney could you just where did we end up on the I know there was a mention on the utilization of parking the I have not seen the last Red Line sure where do we end up on that issue sure it's a uh in terms of utilizing street parking yes sir yeah if they if they take up street parking um there's it's it's an increasing cost uh for the first seven days it's $15 a day uh thereafter it's $25 day and then 40 okay that's where we end up okay perfect thank you uh commissioner Cay we recognized um I I think that what we have done and we all have different perspectives and I you know I commend commissioner leaving because I think he was spot on on the general thinking that we have as a Comm um we we all ran on the basis that we really wanted to change Sunset Place we really wanted our kids to come up there and have a great time and and really be home not elsewhere um saying that we we I mean the endless talks that we've had and the endless amount of back and forth trying to make sure that we're trying to resolve this as best as we can um it's been a great cooperation so I I greatly appreciate it I just want to talk about a couple details you know speciic specifically that are important to me and I think commissioner Corey touched on it the the streetscape and and the look and feel of our city is something that I really wanted to make sure that we consider moving forward you know you're you're going to be working on your half uh you know we're a city a small City and we have to come back and catch up so just something to consider as we move forward on on how we do that uh the mayor uh mentioned tree canopy I think uh tree canopy today has been a lot going on we it's it's super important so I think that that must be a must on making sure that tree canopy and that people are well shaded and cool uh specifically in the Summers um you know and from from my perspective you know I think that we have the ability to do something special as well um and it's not expensive but you know think about different options and I don't know if this is the right situation to put it in but the ability to put you know maybe technology Wi-Fi uh Incorporated throughout or uh some sort of water dispensary or you know something something that grabs the attention and grabs people in its nature because I think that the city of South Miami is very well known for its it's tree canopies it's it's its natural reserves it's it's solar it's e ecologically Advanced and I kind of want to continue that somehow so just just you know giving some ideas on what we can propose uh moving forward in the next couple of weeks um the mayor also spoke about Public public benefits I agree with that and uh you know something that we you know spoke about I don't know we can do this now but the open space concept and and the actual uh Plaza the location of it it's something that's been going back and forth it it seems a little polarizing to me so just you know as we get a little bit further down the line on this on the S plan uh we can revisit that but that's that's pretty much it on my my part again I just I think that's not any inconsequential comment so um just just so I'm clear do you are do you want them to bring back an alternative location is that what you're asking for is that is that part of the agreement no it's not part of this it's not part of this agreement but it is it will be part of the regulatory plan or the site plan that we'll be considering at the next meeting yeah the the plaza location is is proposed uh you've all seen it it's it's it's further I guess North on the site yeah the aner the North End of the cor site are I'll be more specific I I think that um what I would want is the the owner to come back and just explain to them the location of why it was chosen there versus another location which I think it's a little polarizing just to make sure that it's clear on the advantages of where it is versus where it could be it'll be Central thank you thank you okay uh seeing no further comments is there a motion on item four I move the item I'll second okay so have a motion by commissioner uh lean and a second by the vice mayor uh Madam clerk please call the role yes commissioner Le yes yesion Cory yesion C yes mayor Fernandez yes pass first thank you so just to announce a second public hearing would occur on October 15th thank you October 15 unless it's moved by this commission okay thank you for that uh colleagues uh where would you like to go next we've got uh an applicant here let's bring them up um if we could read item what is it here you asking no I'm I'm just going to move them because I want to do the courtesy let's see that's item three please you can read it three into the record please yes item three a resol excuse me a resolution of the city Commission of the city of South rep approving or denying an application for final plan approval pursu to section 20 d4.2 of the Land Development code seeking to replat properties within a Transit supported development District mixed use 5 tsdd u5 zoning district and located at 6201 sunet Drive 6233 sunet drive and 7150 Southwest 62nd Avenue thank you um Mr attorney thank you mayor uh mayor this item uh on tonight's uh commission agenda is quaza judicial uh the clerk has read the title of the resolution um the the public hearing will ensue after that it will include presentations by staff uh the applicant and public comment commission may ask any questions either before or after public comment is closed following public comment commission may deliberate on the resolution ution uh the Quasi Jud quasi judicial procedures require this commission to consider the evidence presented to it and based the decis its decision on the applicable law and primarily on the evidence presented whether by the applicant staff or members of the public the staff report in the resolution provide the applicable law and criteria for approval in this case it's subdivision criteria in section 20- 4.2 of the Land Development code the evidence considered must be substantial competent evidence that's testimony or other evidence based on personal observation or relevant expert testimony that reasonable Minds would accept is adequate to support conclusion it is not a popularity contest it cannot be based solely on non-expert opinions no matter how fervent those opinions might be anyone who wishes to speak on this item should be given an opportunity to speak during the public comment portion um if you intend to provide testimony as the application considered tonight 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 weight 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 on this item should be sworn in if you haven't been sworn in already I'd ask that you please stand and raise your right hand any member of the public uh as well okay uh do you swear or affirm to tell the truth the whole truth and nothing but the truth thank you Madame clerk once again can you confirm uh the uh compliance with the advertising yes requirements for this hearing thank you and then on this one there are part disl okay so any of you uh have had uh discussions with the applicant or any member of the public on this item please State uh who you spoke to and what the substance of conversation was colleagues yes Mr K you're recognized I spoke to the attorney and we spoke specifically on the tree mitigation anyone else conversation with staff do not be do not need to be disclosed correct no okay okay great um colleagues are there any questions regarding this plot are you have a comment I I apologize mayor I have one I have two uh modifications to the resolution okay uh just as a as a cleanup items uh first of all on condition two of the resolution um which is I think at the end of the item uh condition two the it would be proceeded that statement would be proceeded with if required by the city the reason being that uh they have a development agreement which addresses many of these things so there may not need may not need to be a separate document that that provides for that and then condition six is unnecessary they have they have provided the information in their opinion of title and on the plat so uh we ask that that be replaced with uh the following statement applicant to provide a surveyor's affidavit inform its substance acceptable to the City attorney prior to recording the final plat to confirm the legal description shown on the final plat describes the same property as the legal descriptions on the Deeds of the subject Parcels okay thank you thank you any questions regarding the modification any questions on the application I I have a question um because I I I did know in the arbor report there were a number of trees that were identified as salvageable uh and candidates for possible relocation um and my understanding from staff is that we did have a series of conversations and there was a very lengthy letter provided by Council on timing and process but what I didn't gather from the letter was why we are not moving forward with possibly preserving a number of the specimen trees on the site so I don't know mam development services director if you can give us some color on on that and what the impediments are to possibly relocating or preserving some of those trees okay do you swear or affirm to tell the truth the whole truth nothing but the truth yes I do thank you so we met with them on the side a few times um I know that the schedule has been an issue we've discussed these trees um on several occasions but I am still not exactly 100% clear on the impact of keeping the trees there while we root prun them on their schedule um I never really got that okay so you're not you're not satisfied with the explanation as to whether taking the extra time to root prune the trees allow them to remain on site would impact their ability to proceed with uh the improvements of the property correct okay so I mean the the only presentation I would want to hear from Council is related to that issue so if you could help me clarify or help me understand why we don't have the luxury of trying to preserve those trees we just we just spent a lot of time talking about wanting more canopy trees at a major project we have some specimen Oaks here that seem to be in salvageable conditions I just want to understand why we can't accommodate them in this case of course so James Williams the off is okay at 71 per Avenue I'm joined by one of the representatives of the of the group from anoral will Foster so I think it's prudent to give start from the very beginning and I'll stay as brief as possible but we've gone through unlike the other projects we've gone through four approvals all relating to the landscape plan the tree disposition plan each approval that we received starting in 2023 um we submitted first time in December of 2022 um throughout that entire time a tree disposition plan has been provided that shows all the trees were going to remove as well as the landscape PLS we got through special exception got through ten plant we got through development agreement we went through two drb hearings acting as the Erp under the previous rules so we had to get an approval not a recommendation on the fir before the first drb we submitted this is June of 14 uh June 14th of 20124 we submitted a tree removal um request right we can do that as part of that process we were told that it was going to be held off until after both drb hearings were heard so after we got drb approval that would be it' be issued on that basis now we went through June 18th drb number one that was our first hearing we they said uh we need proof that the Live Oaks cannot be integrated into the project or removed relocated successfully we met we had an arbor report that was required for us to prepare we met with uh board members outside of of uh was permitted through the attorney part Communications we met with board members we walked in through it we went back to drb and we got a unanimous approval to move forward with the project with the removal of all of the trees this was before any mitigation that we are offering now um voluntarily has been made um at that point uh it was about about a month after that we follow up with the tree removal permit and we were informed that originally it was one tree along the sidewalk that there was not justification for into the city for that the the development services director um the request was modify the the design of the building to accomodate that now the way the code is set up even today there is an arcade requirement that we have to meet we have met it to the te if we deviate in order to save that tree which is already up against the sidewalk and would have issues um with the root ball in terms of the pruning if we were to do that we'd have to redesign the entire building we' have to go back back to a special exception putting us two years in the past okay so let's let's so I mean I think that's that's one tree but there are multiple trees on the property so yes so that was just the the first step so we met with staff several times we went with the city manager went the City attorney with devel development service director we've come up with different options to look at the ultimately our rers is saying it's going to take according to an standards the standards to remove relocate trees three months it well ours says six months the cities is saying three months now we've had back and forth between it but let's just operate on three months right and that is on the on the the tight end schedule it's three months from now we are looking at our permits and everything being issued to where we can put in ground foundations on October 28th we have no problem if the city wants to come in and remove those trees by October 28th but what we we can't uh really don't want to allow moving forward we've worked so hard over the last couple months with the city to mitigate this tree issue that yeah but so but let me let me stop you there so we've worked really hard to mitigate it in the form of providing which now I'm understanding a possible cash offer from what you're saying so that is the current before we're looking atsap build out but we've been having this conversation around two or three trees for how long about a month okay my understanding is about six weeks per your timeline so I mean that's half the time period that we're telling you would be the the minimum required to salvage the trees so a lot of conversation if we just agreed to try to save the trees maybe they would have been successfully relocated they may have not been after we root PR not candidates right a lot of time wasted in conversation without really advancing what I think should be the shared goal which is trying to preserve the trees well so when it came to the preservation of the trees our arb's position was that in order to relocate them off site they have to clear the power lines and so you're going to have to cut back these 50 foot canopies right you're going to have to cut it back so severely that you're going to put this tree I'm sorry is this the same arborus who wrote the report that was that accompanied the application because that was not so that was not in his written testimony so so it it's the it was to the quality of the tree but when we're talking about the relocation are they able to be relocated are they in good condition to be relocated yes but can they actually be relocated or two two different things okay but but is there I mean let me ask my development services director I mean I my recollection of the file having read it was there was an arbis report that identified I think it was as many as five by my recollection trees that were that were candidates for relocation right there were a number that were specimen trees that uh either the fracture in the trunk was too low to allow them be relocated right but I didn't read any testimony from the arborist regarding um that was not the in the arbor report that I have okay it came up later but I met with them to discuss an option of relocating right adjacent to the property so we would not have to cut them back so that they would be able to clear power lines or track okay the signs and as for and is that and that and that reloc and that relocation solution near the property is that what triggers council's comment with respect to the redesign of the building we certainly do not want that okay no okay you can elaborate if you can elaborate on that well that that's not an option I think we want to entertain um but and I don't want to speak for my clients but I would imagine we've been we've heard enough about this project and it took them almost a year to come back with the development agreement in final form so we could take this step so but the relocation options near the property what what does that look like does that affect the physical envelope of the building would it trigger a redesign no okay so why is that not a viable option here and I'll I guess I'll all Council to answer because I'm you told me you're not you don't know right so so as we've stated at those site visits um with our Arbus there unfortunately the city's arborist or true expert weren't were not uh able to make it but as we've said at those meetings if you were to relocate those size of trees right up against in that parking area that that that buildout that we're looking at voluntarily doing with the city it wouldn't be enough in terms of size to actually accommodate because you're going to have these these Ro going to grow out into sunset or into the sidewalk now it was stated that um you guys are looking at the possibility of removing the sidewalk along Sunset west of 62nd Avenue so along the property it was discussed that the city is looking to deleting the sidewalk now I'm putting that with green space even with that option which would take probably a year to two years to start that work with the county because that's a County Road move the the bus stop all those options it would not on a timeline for us or would it be feasible to actually have the RO system in place there okay so let me we'll stop there Madam cab if you can address that point so I've been through like I don't know five or six iterations trying to get to a a point where we could work together to salvage the trees the one that I met with them on site was that they have parallel parking on 72 and that we would remove the parallel parking which in reality only serves their building doesn't serve any other purpose there put the trees there in the parallel parking on 7 okay so basically reclaim the 20 ft or the sorry the with the sidewalk we're doing sidewalks with their 18 by8 and half 18 by Sorry overshot by two feet 18 and 18 and by 8 and a half wide foot parking stalls would be lost which ultimately yeah at what cost are we having this whole conversation because right right now sounds like a great conversation I'm sorry I'm but we're talking this is a lot of money we're talking about removing parking spots on Sunset that that's money there are two parking spots on Sunset which I don't know that I've ever seen anybody park there no I'm not talking about that third no no I'm not talking about the the revenue lost from the parking there I'm not talking about I'm not talking about Revenue I'm talking about actual digging up of this Street and all of the things that go along with that that costs money of course and they have to do that they're going to redo that whole area regardless and they're going to have to redo all the sidewalks because they're building up against the back of sidewalks which is going to be completely destroyed during the construction of the project so the the they who's paying to rip up the the parking and all of that is them they yes yes they're the beneficiaries of that they them they are saying no if you turn around right now they're saying no if you ask me that's who should pay for it if they can pull this off without damaging any public RightWay fantastic but but possible but right now the the parallel parking is is not does not belong to them no but we can we can we can we can authorize them to in fact create the conditions to save the trees and have canopy on the RightWay be talked about wanting to add from the moment we all got on the Dez you got the mayor yes sir so the idea the idea that we had for the treat of mitigation my conversations that we've had and I've also had called a lot of arborus Mariano which is on the and he's the one that came up and had a lot of issues here so I I called him directly he's been on site he's done his own inspections prior to all the meetings that they've had to his estimation and this is where it drove me to make my decision is that there's only three to five trees that can be saved okay with the mitigation that we have cash we can afford eight treats at 30t 12 in with a canopy of I don't remember what it was 25 feet that's say we have a better opportunity to actually and it by the way to move them is not 100% that they're going to survive so those are all the all the all the things that came into my decision on why this is much better I don't solution I I've not no one's I'm not discussed the profer with anyone so I don't know I hear today there's a profer right now when we make the Pres I don't know what the profer is so uh I just want to understand because I heard from staff that we've been having a conversation for some time and we got a six-page letter of reasons why we can't make this happen and I don't know first I hear about it so so you know we are we are constantly talking about wanting to have more canopy and if there you know again so give us a lot more canop corre what would give us a lot more canopy the prover to go ahead and go through that okay well I I let let's hear the profer but I but it sounds like to me there is the opportunity if we want to take a portion of our RightWay and to relocate these trees and create canopy day one so is that is that your estimation yes and I met with our City Arborist and we brought in another arborist we went met at the site for about two hours and he said that it was absolutely doable okay so but you know and then we met I met with them but you know I can't yeah I'm giving options and I expect to get like some feedback some feedback yeah and not just no they can't be done the too big it's going to go into the sidewalk that happens all the time so G to full of trees with roots in the sidewalk to my and to my colleagues I think that's my frustration here is the lack of feedback so with that again uh we'll hear what the profer is so just on that last comment on the roots in the sidewalk there's some realities actually don't allow that anymore because the cost associated with always repairing that and Shing those trees back damage in tre the proper that we're putting forward is to voluntarily provide a contribution of $70,000 right now and you can look on online for a 32 foot live oak tree it's about $4,500 right um that's 32 feet we're offering $70,000 as a voluntary contribution like like commissioner kak said you have a better chance of survivability right you're not waiting on a timeline you can place these trees in good condition wherever you like throughout the city over time and I don't have the exact amount of time maybe it's 10 years you will eventually have more canopy than you did by leaving these trees on site because you're going to have more trees that you can afford to bring into the City and in better understood but I think the question is now versus later sir you want to be recognized I'll give you the courtesy will Foster 6201 Sunset Drive thank you uh mayor Commissioners vice mayor uh I I did want to touch on a couple notes so in regards to potentially uh producing a bulb out which would eliminate the parallel parking stalls and we would be able to relocate only one one of the Oaks there uh you're going to run into issues with the county the county has their main water line that runs through there uh the county has specific limitations on uh tree placement rall placement within proximity to their lines for clear and obvious reasons uh another issue that you're going to have is the tree clearance there's actually a lawsuit going on in Coral Gables right now in regards to one of their trees uh that has was hit by a truck for two loow of clearance and injured to of the pedestrians there so we do not want to have those same issues on our property uh actually it's the city's property but um in regards to that you're going to have to eliminate all those low branches you on the lopsided tree because you're going to prune the entire half of one tree that will be up against our building and thus why further issues okay may could I yes sir you recognize shed some light because I was a part of our conversation um and and I'll simplify this from the standpoint of where we were and where we are and and and there's a profer and I appreciate that and you know thank you commissioner Kay but but I want to be very clear on a distinction uh the issue of the the issue that was raised and I fully acknowledge that the project had been approved and removed any concerns that the project would be delayed but in an honest conversation regarding the means and methods of construction and if the trees had to be remain in place questionable 3 months four months depending on who you are asked um if the means and methods would uh actually uh be impaired as a result of having these trees uh once the roots are pruned and letting them sort of get over that shock uh that's the answer that we never really got fully and certainly council did share a letter but that was recent so it was about four weeks for an answer if they would have said the second day after our meeting this is exactly what we're doing and why we can I back off right and so I I just In fairness and fairness to the conversation I I want to ask that because uh uh um that was a key component of this entire conversation that we had two parties that were going to try and figure out a way to to to see if something could be and if I can build on your point Mr manager fully acknowledging that you had an approval and I was going to honor that and not certainly go back as I fully understand your position from that and the time that you had spent so having said that um you know the the the council did provide a letter uh on on potentially means and methods that could be in the way so I that's that's where the rub was and and and as a partner in this endeavor uh there were idea that came out that that was hey potentially we can create an area for these trees there was a concern that maybe they're too close or would be too close to the building uh we had an AR that said that could be they could be properly trimmed and that happens every day not withstanding some of our ideas were possible relocation somewhere else because of the maturity of the trees so um if if this profer is Cly something that over the long term could overcome some of those issues fine but I I did want not want to lose the fact of the very basic ask that took quite a long time to really have something that was clear and convincing that leaving trees there was going to be problematic right and I heard heard some bulb out and water mains and things that have never come out this is the first time I'm hearing that but regardless so I I appreciate where we're at that may be you know good outcome at the end given the ability to to to purchase multiple trees and put them somewhere um but I I just needed to add that because I I asked for that and I said I would jump off this train if you provided clear and convincing information which never happened and took about four weeks to get a letter that added more information I don't know how convincing it is be honest with you but I I accept it thank you for that chip and uh if you recall when we met uh in your office uh with the city attorney city manager director of development services we did disc time frame and the initial uh date was given of October 14th since that time we reconvened we went back and we looked at the total duration what activities we could do to work around these trees and we actually came back with a further date of October 28th the reason for that date is deep foundations we have viral replacement has to go on the site and we have 10 days worth of activities around the perimeter that we could conduct before we have to bring a large sizable rig in to actually put in the ground columns followed by shallow foundations that is the reason why the trees cannot remain longer and would further affect our schedu I appreciate that but at the time we also asked do you have a permit and you still had not received a permit as as to that date so I I don't know if you have a permit to date yet we are unable to uh submit for permit because of the tree removal yeah which the plat was required wait wait no you may you may want to take that back um the plat was a requirement of this process that right so I let's not put it back on the trees I think the trees haven't beat up enough um the plat was a requirement of this process and maybe that delayed your ability to get a permit so I just want to make sure we're clear okay what what so why don't we clear that up what what is the condition precedent to them being able to they could apply for a permit have we have we do we have an application we we have no application in no I've never seen the drawing okay so so look I think I um I I want to rehear the profer so I know what we're getting what you're what you're proposing okay but I want to say this we have a longstanding and very positive partnership with Baptist you know um frankly I think we bent over backwards recently to accommodate a use at any location so they could actually bring Urgency Care Center here that was done in record time I've wanted to see this project happen uh for a very long time because I'm tired of looking at a blank Corner that doesn't inure to anyone's benefit that said um really I think um this was not handled properly frankly we all we wanted was very basic information I'm belaboring the point because I want everyone here to understand that staff is entitled to get a response a direct response to their requests I don't think from what I've seen the communication that it was provided and uh that's the only reason I opened up this conversation so again I I appreciate what you're trying to do uh we you know uh I think it's a a project that be very value creative to the city long term but you know we are we can't just we can't just say we want something to happen if we want to if we want to talk the talk walking the walk is making sure that we're holding people sweet to the fire to relocate salvageable canopy where we can onto the public RightWay so we can actually get the conditions that we want today not in 10 years and so uh that's really the motivation for my conversation I know we may think it comes at their cost and expense but I think the development services director who's their experience probably likely right the RightWay is probably going to be damaged Beyond uh it's being being able to be preserved during construction and so they're probably going to have to do repair replacement and so adding adding adding adding a bulb out there well it seems expensive just you know a rounding air in the larger cost of the project I don't want to say anything further please you can share share the profer and we'll decide what we do from there thank you say yes at no time was I saying us or them was going to pay for it I was just asking who was going to pay for it partnership exactly I was just saying who was going to pay for it because it was seeming like we were going to pay for it and then we were going to pay for it but they were saying they weren't going to pay for it so some ambiguous person know the thing is we we have the power to condition the approval without as a requirement is what I want to clarify so in any event um okay it's clear now right what is what is the profer so we can we can decide how we're going to act on this matter right so so the proper is will provide into the tree trust fund to be used for the the the purchase uh transportation and planting of new trees $70,000 that is going to give you more cany over time than leaving the Three Trees so it's a $70,000 profit and we would make pay within 10 days okay business days okay so that's that's the that is the status of the item do we have a motion well sorry Mr you want do you want to discuss the profer and well certainly okay go ahead sir yeah I just so specimen trees of that size of a much greater value than than $70,000 so for me to be tell me they're not so there isn't there isn't really a standard to put that value on it here so but a 32 foot tree which is an extremely large tree is cost that $4,500 as a market today and I and I I want to you say a 32t tree 32t tree at at its projected growth I'm sorry right now today but I'm I'm concerned about exctly so if we can just to hear it on the records we can all hear how would be more meable if it was even 100,000 and I will support that concession oh it's got to be profer so okay sharing that we're discussing it okay we would need to know what they're measuring to not like to the top of the tree the dbh what's the dbh of the tree yes exactly thank you if we can clarify that for the record but again they're not offering to buy the trees they're just offering to provide a uh a cash payment but the representation was that a 32 foot tall tree has a market value of $4,500 correct is that what I heard and I should what I heard was that a a a tree that is 32 feet tall today has a market value of $4,500 I and a little biter and may I'd also should we accept that I'd like to place a condition on the commission that and they generously offered it independent of the amount they offered to make that contribution I believe in in 10 days but the condition I'd like to place on the Commission in the city is to plant those trees and not leave that money in our counts we have in the past the ref fund but to make sure that that that those trees are planted within certainly less than a year I agree so we we need to wait for our ARS to give us the actual dbh because I just don't have that information on me um we we went up significantly from the initial conversation of 45,000 to the 70,000 um for these trees and and again I don't I I don't wantan to to to blav the point but this has been I know we're talking about timelines and and everything stop there so $70,000 is the profer is there a motion to we're willing to to increase that amount we will increase the amount to 85,000 okay well the mayor's negotiating against no I'm not I'm not I'm not trying to negotiate I'm just trying to I'm just trying to I I want I want to stop him before he does something to hurt himself so that's all I'm trying to do mayor I'll move yes well what do we Okay commiss lean you want to be recognized again no I'd like I'd like to hear I represent the city not the applicant so I'd like to hear so I spoke to the client and they're willing to go to 85,000 okay so we have a profer of 85,000 thank you commissioner Cay thank you mayor and uh yes okay yes that's what I was making the motion on 85,000 okay so we have a motion to approve the tenative plot and with a profer of $85,000 as a contribution to the tree trust fund yes sir and that language you like to make sure that this with with the cave that the money must the the money must be trees must be planted planted within a year of uh I agree with that okay so um yes sir so if I may um on the on the timeline um we're not going to hold that money in export you're just GNA have no we we understand that the the obligation to spend the money is not yours it is ours thank you for clarifying okay so we have a motion by commissioner K is there a second second okay uh any further discussion hearing none Madame clerk well thank you the open public hearing oh I'm sorry my apologies uh this is a public hearing item is there any member of the public who' like to address um this tended plat please come forward at this time I do not see anyone in the chamber is there anyone online Madam clerk anyone online please raise your virtual hand who like to speak on this item seeing no one we will close the public hearing so we have a motion by commissioner Cay a second by commissioner leedman Madam clerk I think you can call the roll now yes commissioner C yes commissioner Cory yes commissioner lemman yes Vice Bon yes mayor Fernandez no I don't pass is 41 um I just want to say thank you for for all your consideration I want to thank your wonderful staff um I always enjoy working as the city manager development services Director City attorney it's a labor of love and we've had a great relationship Baptist anchor with the city and we look forward to continuing that and keep this in mind for future events thank you thank you thank you okay is there a motion uh CL you read item six on the record please item six an ordinance of the Maran City Commission of the city assment report comprehensively amending the city ass comprehensive plan specifically the future land use element to provide for development of an enhanced Town Center area and major quds the surrounding development support of the Town Center successfully by amening their fut land use element sorry Mark good evening you're recognized thank you mayor and commission um I have a presentation I think what I'd like to do because it's late is we I'd like to summarize it with the one of the slides and then if you have questions we can elaborate a little bit more sounds like a good idea thank you sir perfect um this is the the the second reading of the comprehensive plan land use amendments um we had transmitted back in July um we're here in the process we're at the end of the process we transmitted to the state this is the um the expeditive review process the state shares the the Department of Commerce shares it with other agencies and other U municipalities around us and they have the opportunity to comment on our comprehensive plan policy changes so we are at the uh second reading we've received all of that input back um and I'll go to the last well sort of the middle slide to give you the the summary version we have um five responses back not every agency has to respond so we consider after a certain time period that their lack of a response would be no comment and no comment is the affirmative in this case um Florida Department of Commerce gave us a letter that basically said they have no comments and that would be an affirmative they will they will tell you if there's a negative that would be an objection excuse me an objection or a um or a com some comments or strong comments there's something that we have to do um the Florida Department of Transportation also responded um they gave us some comments the comments were actually almost uh we like to very positive ones um first they find that there's no adverse impacts to their transportation assets um they also um uh stated that we should continue and they use the word continue to address the safety aspects of all mode of travel so that's actually a very positive comment they're recognizing that we already do um and that we promote in the process of building our downtown that we promote um the safe a safe and walkable Community which again we have built into some of the policy we will be doing more of that later on as we do other other elements of the comprehensive plan excuse me um the Florida Department of Environmental Protection also wrote a letter back um they if I can help you here do you have any comments on the slide questions about it colleagues move on just go ahead y thank you um all of the agencies have have returned comments that they have no objections they have only comments of support or neutrality um so having received all letters that are all responses that are um no objection we are consistent and we can go forward with second reading to adopt the comprehensive plan the future amend Amendment uh package okay any any questions Mr K you're recognized no no question no one else is there a motion then I move the item I'll second it's a public hearing I'm sorry my apologies okay uh item six is a public hearing if there's any member of the public who would like address this Commission on the adoption of the proposed amendments to our future land use uh comprehensive plan and future land use element please come forward at this time anyone online please raise your virtual hand seeing No One in the Chamber and no one online we will close the public hearing uh okay now we are in the proper posture for a motion commiss leben I move the item I'll second okay a motion by commissioner lean a second by the vice mayor Madam clerk please call the role yes commissioner Leeman yes Vice Bon yes commissioner Cory yes commissioner C yes mayor Fernandez yes item pass 5 just to help us move along I like to defer item eight which is my item if you can read that into the record in ordinance of the mayor City Commission of the city of South Florida amending article two definitions article three zoning regulations and article four other regulations of the Land Development code to establish regulations related to residential single family driveways thank you if uh I can get I would like to move to defer this to uh the meeting of October 15 second a motion by myself a second by commissioner LAN uh seeing no questions Madam clerk if you can call the RO on the deferral yes commissioner Leeman yes Vice Bon yes commissioner Cory yes commissioner K yes mayor Fernandez yes item pass great colleagues we' got three items left uh item two which is Lot B uh an item related to a first reading for modifications to the noise ordinance and then a a proposed modification to the scope of the budget and finance committee are there any questions on item seven colleagues um um seven is noise yes seven is noise yes question just want to confirm that this will relax the noise ordinance in the commercial area okay can we um on item seven if you can read that into the record Madam clerk yes item seven an ordinance of the May City Commission of the city of southy Florida comprehensively amending article 3 noise of chapter 15 offenses and miscellaneous provisions of the city code of ordinances to revise the noise regulation within the city reping outdated Provisions in sections 1583 through 1592 section 1594 section 1595 and sections 1597 through 15998 and Del leeting section 15-100 graffiti and graffiti removal areas from article 3 noise and amending article one in general to relocate the provision of section 15-2 thank you we have a motion uh uh before we have the motion there was a question by commissioner lean Mr senior attorney can you address whether this liberalizes the noise standards for the commercial District or what the posture is of the item there's a specific exemption for the uh the tsdd and the downtown somi district which is going to cover all of that uh between the hours of 9:00 am and 11 p.m. okay thank you further questions before yes Madam vice mayor um I'd like us to possibly consider changing noise level right now now if you look at it it's 70 DB is what we're drawing the line at being acceptable 70 DB is just above a normal conversation to give you an idea a hair dryer is 90 DB so you're you're telling me that on a Friday night if you're having a party at your house you cannot have something louder than a normal conversation before somebody can call the police for a noise violation if we're trying to make this so that it is more common sense and give it hours we need to put things that are actually having to do something with real noise and I I very much appreciate getting the how loud is too loud um which shows us in a decible thank you I I think it was suami that gave it to chip I think thank you very much um when we're trying to assign common sense to noise ordinances I think that we need to do just that people tend to call because there is a party that is keeping them up or something like that not three people having a conversation in their backyard or somebody playing music because they're in their pool or something like that I mean you're always going to have somebody that any amount of noise bothers them but when we're saying that at 8 o' at night you can't have anything over 65 DB which is essentially a conversation that doesn't make any sense to me I think I'm sorry the 65 debl is overnight correct 8:00 p.m. to 8 a.m. 8:00 pm to 800 am I'm sorry during the week and on Friday and Saturday night you can't have anything over 70 10 a.m. to midnight and midnight to 10: a.m. you can't have something over a conversation okay so I mean I recognize what you're saying it's 70 DB or 65 DB which is closer to the range of normal conversation but I'm looking at the very chart you handed me it's where would you want to fall between 65 or 7 Deb and 90 Deb I think it's probably too loud well when when you're looking at this and you're looking at a hair dryer is 90 DB you you need to be careful because if you look at OSHA I think 85 DB of continuous exposure is ear protection type stuff so you got to like and the me the location where you measure also so you're not measuring that I could be having a party at my house and it could be very loud at my house but at the other house it cannot be loud so we're measuring not at where the sound originates but at the complainants so maybe 70 is too low but I would be careful with this 90 because I I think that's a little what do you suggest I wouldn't go above 80 okay so you're you're say so 80 is head what did you say 85 is what ear protection prote ear protection is 85 yeah I believe that's the OA limit for ear protection I let's is this this is first reading why don't we do this can we just adopt it as it is with a provisor they're going to bring back a modification on second reading yes okay let's do that okay I'll look okay so uh can we get sorry sorry and I'm okay with where it stands because as our plane director mentioned you're talking about average 100 feet away correct yeah and for me hair dry the definition of noise is Right unwanted sound right not the we definition but who wants to hear a hair dryer yeah really correct okay so I just checked an 85 is the limit where ear protection is required in a construction environment so that's between yeah between a normal conversation and considered well hair dryer is 90 so 85 is busy City traffic so let's let's let's bu City traffic and this is like not busy City no no that's why I'm saying so maybe 80s let's do this let's again I would just say let's adopt it we'll have a conversation about what the appropriate range is to land it on uh if we think we need to modify it all right okay so uh is there a motion I move the item is there a second I'll second okay a motion by commissioner l a second by the vice mayor uh Madam clerk uh if you can call the role please yes commissioner Le yes VI Bon yes commissioner Cory yes commissioner C yes mayor Fernandez yes I pass his first reading or nine folks uh what's your pleasure two or nine which we you want take two two I I'll defer two if you defer nine I'll defer it let's go okay that's it well I want to defer nine I have an issue with nine well you just said you would defer nine you have an issue with nine what is your issue with nine if we just talk about it for one quick second so my issue with nine is a political issue I have no issue with it but we're putting the cart before the horse this says should the bond pass and that we won't even discuss B I won't be here but Bond be discussed until a healthy amount of time after it passes so um so I'll give you a quick quick two second real quick I just don't want this to be used as marketing well that's this is something I discussed with our uh marketing to Champion the bond well should it passed there will be a a that's correct so that that is intent that is exactly my intent and it was in response to a comment I heard from a member of the budget and finance committee J Miller who suggested that there be a citizens over High piece to uh any of the work done with the bond so um you know I I I I wanted to move it before no November for that reason on first reading if the bond did not pass obviously we it would be a mood issue and we would not bring it back for second reason that was that was the reason yeah it just concerns me that we would pass something to the commission that would be used for marketing to market the bond I was just a that's why I asked the question thank you for answering sincerely so yeah I just have a problem with problem just not okay with that I I can I can I can Market it without usse taking uh action certain at least by in 10 as I've already proposed the uh legislation to move it if in fact it's uh if in fact it's passed you could still pass it and I'll still defer item two okay sounds good well um let's just let's defer both items I have no problem with that anyone object okay so can I get a motion to defer items two and n on tonight's agenda I'll move the motion okay is there to a date certain or we just leave it indefinite do we want to move it we I like to do uh service parking lot to the next lot the next meeting let's get a motion to defer item two to uh the October 15 5th or the November 4th meeting the October 15th the 15th meeting okay a motion by commissioner lein second second by commissioner Corey Adam clerk if you can call the role on item two to theer um commission Le say yes yes commissioner Cory yes commissioner K yes mayor Fernandez yes item pass October 15 let's um let's I move item nine to October 15 is there a second I'll second I'm sorry okay so motion by myself a second by commissioner Cay uh uh is there any discussion seeing none Madam clerk if you can call the discussion yeah I thought the point was to wait you can do it if you want you're right him but thought the point was to wait after after the election but either way okay okay just just move it this way right go ahead support to yeah okay commission K yes commission Cory yes commission yes Bon yes mayor Fernandez yes pass 5 fantastic J thank you