City Commission - Regular Meeting

Thursday, June 11, 2026

The City Commission approved a referendum for the Virginia Key lease, despite concerns about outdated terms, and advanced plans for several community soccer pitches. They also indefinitely deferred a decision on the Prescott Estates plat due to public access concerns and a tree removal appeal.

About this meeting

Government Body
City Commission
Meeting Type
City Commission
Location
Miami, FL
Meeting Date
June 11, 2026

Transcript

281 sections

0:04Eileen Higgins

of Miami Commission meeting for June 11th, 2026.

0:06Speaker 24

I'm joined here by our mayor, my colleagues, Commissioner Rosado, Commissioner Escalona, Commissioner Pardo, our manager,

0:35 – 1:30Christine King

We want to get this party started today. We're deep in warm, warm, warm weather. Are we enjoying that? We have a couple of proclamations today that we're going to recognize. We're going to recognize our corporate run folk. Come on up. Madam Chair, Madam Mayor, would you like to do this? Come on, because fun fact, the mayor and I are both very, very into exercise. We walk and run. We lift weights, and we are supportive of this effort. I started the Fit City Challenge years ago so that our employees could work out with us, and it's really a bit of a selfish thing on my part because I just want people to work out with me, so. I dragged them all in.

1:33 – 2:43Eileen Higgins

Well, good morning. Come on in. Guys, get in the middle. This is your day and your celebration. As the chairwoman said, fitness is not just part of physical health. I think it's part of mental health. We all feel better, move better. What do they say? Motion is the body's lotion. And so I have been proud to participate in the corporate run over so many years and did pretty well. did pretty well this year and was just thrilled to see thousands of people in downtown whether you were walking, running, pushing a baby carriage or in some cases just hanging out at the tents. It is a way to bring the city together and get people downtown and so congratulations and of course Lori into the whole team at Footworks. Everything you do to get people ready for the marathon, the half marathon, that's how I got ready. So I appreciate you training me up as well. And so we're just happy to have you here, not just this year, but next year and the year after that and the year after that. Would anyone else want to say a few words? Commissioner Pardo, all right.

2:43 – 3:26Damian Pardo

Actually, I'm really honored to recognize you and I wanted to do this proclamation First of all, you're in our district, right in downtown. You've been doing this for over 40 years, started in 1985. I think I might have gone to the first one of these. I used to work at Southeast Bank. And today, everybody's running. There are all kinds of run clubs. But you're, number one, the original run club that started it all. And you're often referred to as South Florida's largest office party because everybody kind of tailgates. Everybody has a good time. It's very positive. You have programming through the whole year. You're really focused on health and fitness. I think what you do is great work, and that's why we wanted to recognize you with this proclamation. Thank you very much.

3:30 – 5:16Christine King

And you know, every year since I got elected, the corporate run is on Thursday, a commission meeting day. Every single, because I would love to go out there as a city, as an employee of Miami-Dade County, I participated in a corporate run every year. Then I get elected every year. It's on a Thursday and that Thursday is commission meeting day. But congratulations guys. Thank you. Thank you for showing up and thank you for being the example of why moving our bodies is so important. Congratulations. Thank you, thank you. Our next recognition is for Mr. Carlos Magoya. And he has served for so many years in the city with public health. He has such a stellar resume. And it is an honor to recognize him. My colleague, Commissioner Rosado, has taken the lead on recognizing Mr. Magoya. Pleasure. Day.

5:17 – 6:39Ralph "Rafael" Rosado

Thank you, Chairwoman. Yes, Carlos Magoya is a leader across so very many fields. He was born in Cuba and immigrated to Miami at a young age. He attended Miami High right here in our fair city and FIU. And then he had an illustrious career in the banking field where he was one of the top bankers in town and somebody that everybody really, really appreciated and regarded very highly. When the city was going through a troubled time, he served pro bono as city manager and got us out of a financial slump using that business and finance acumen that he had developed over the course of his career. From there, about 15 years ago, he became the CEO of the Jackson Health System, when they were going through some troubled times. And now under his leadership, it's become one of the preeminent healthcare systems in our entire country. And most importantly, it serves us, all of us in Miami-Dade County, especially in times of crises and health emergencies. We could not be more honored to thank you for your leadership on the professional level, at the governmental level, and for the fact that you serve on so very many civic boards across Miami-Dade County. Carlos, thank you for a lifetime of exemplary leadership.

6:39 – 7:36Speaker 36

A lot of people forgot that I was a banker. It was only 40 years. I remember. I know you do. I know you do. You work with me. But seriously, we're not done. We've already announced that, and thanks to the previous seat that the mayor had We're building 1,500 workforce housing right on 12th Avenue and 17th Street for Jackson. And we're also, with the partnership of Miami Dade College, starting an 800-kid healthcare high school that will open in September 27 for kids to be able to get an associate degree at the same time as a high school degree when they come out of high school and be able to go to work right away into healthcare. It's something that I think is very, very needed in this community. And all of that is in the city of Miami. So I live in the city of Miami. I'm very proud to be a city of Miami. I've always lived in the city of Miami. This city has given a lot to me. So I'm just happy to be able to give back. So thank you all for the recognition.

7:39 – 8:52Eileen Higgins

So, Carlos, I just want to say thank you. I've had the privilege of working with you on the county commission for nearly eight years and watched all of your work to make and transform Jackson into a world-class institution that's a model for the rest of the country. I also remember deeply all of the efforts during COVID where there was no hospital with better outcomes for COVID patients than Jackson. And so your efforts to make sure that our community is healthy no matter what their income level is extremely meaningful. And you mentioned the fact that now you are even moving more holistically into how to care for the community by making sure that Jackson's land is also used for affordable housing and for working families. And so I just, every time I meet with you, I see a new level of innovation. I'm so proud of what you've accomplished at Jackson. I am proud that you have left it in good and capable hands, and I can't wait to see what you do next.

8:58 – 9:18Miguel Angel Gabela

Yeah, and I just want to commend Carlos, because let me tell you, you're in my district, in the health district, and I've been there all my life in Alapata, and I've seen the change day and night, what Jackson was 10 or 15 years ago to what it is now, and you're a very good administrator, and I thank you for that. Night and day, really transformational. Thank you very much for your work.

9:18 – 9:38Damian Pardo

I will say something, because what I do want to say is I did have the pleasure of working with you at Southeast Bank, and you were always a great role model, very great at what you do, but also your community work. You led by example on all of that. So proud to have you in our district. Thank you for everything you do. I enjoyed talking with you and being able to help in whatever way we can.

9:40Damian Pardo

You deserve it. Congratulations.

10:26Christine King

Now we are going to have Father Roll from St. Agnes Episcopal Church, located in the historic Overtown, to lead us in prayer.

10:35 – 12:02Speaker 1

Let us pray. Almighty and everlasting God, we give you thanks and praise for our chair and our commissioners. We give you thanks for our mayor. We give you thanks for the work that they do. We ask that you fill us with the spirit of gratitude. Help us not to fall victim to the need to complain about everything, but to be thankful for the blessings you've bestowed upon us. Grant them health and strength. Grant their staff health and strength, knowledge, wisdom, and understanding. Help us of all as a people not to succumb to greed, but to share and share alike, to give and to care for the well-being and the building up of the common life. Therefore, Almighty God, go before us in all our doings with thy most gracious favor and further us with thy continual help. that with all our works begun, continued, and ended in you, we may glorify your holy name. And finally, by your mercy, obtain everlasting life through Christ our Lord. Amen.

12:07 – 12:27Christine King

And now for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible with liberty and justice for all. Please be seated. Mr. City Attorney.

12:29 – 17:34Speaker 13

Good morning, Madam Chair. Thank you. Detailed information about the processes, order of business, rules of procedure, and scheduling or rescheduling of city commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the city clerk and comply with related city requirements for lobbyists before appearing before the city commission. A person may not lobby a city official, board member, staff member until registering. A copy of the code section about lobbies is available in the city clerk's office or online at www.munico.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Office of the City Clerk or online at www.munico.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 233F and G of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. The meeting of the Miami City Commission is a limited public forum. Any person may be heard by the City Commission through the chair for not more than two minutes on any proposition before the City Commission unless modified by the chair. Public comment will begin at approximately 9.30 a.m. and remain open until public comment is closed by the chairperson. Any person making offensive remarks or becomes unruly in the City Commission chambers will be barred from further attending City Commission meetings and may be subject to arrest. No clapping, applauding, heckling, or verbal outbursts in support or opposition to its speaker or his or her remarks shall be permitted. No signs or placards shall be allowed in the commission chambers. Persons exiting the commission chambers shall do so quietly. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com forward slash meeting instructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the elected officials, their staff, and city administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials, their staff, and city administration up until the chairperson closes public comment. Public comment may also be provided here live at City Hall located at 3500 Pan American Drive, Miami, Florida subject to any and all city rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the members of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting. All in compliance with Section 286.0114, 4C Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity in time before the meeting. Please note, commissioners have generally been briefed by city staff and the city attorney's office on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. For planning and zoning items, PZ items shall proceed according to Section 7.1.4 of the Miami-21 Zoning Ordinance. Parties for any PZ items, including any applicant, appellant, appellee, city staff, and any person recognized by the decision-making body as a qualified intervener, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may be physically present here at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0.115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise-making devices. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will have closed captioning. Thank you, Madam Chair.

17:35Christine King

Thank you. Mr. City Clerk, would you please read your statement for the record?

17:39 – 18:35Speaker 17

Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for planning and zoning items and any quasi-judicial items on today's City Commission agenda will be as follows. The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for planning and zoning items and or quasi-judicial items. Commissioners, are you comfortable with all notice provisions set forth in these uniform rules and procedures we have established for this meeting? Yes. Chair, may I administer the oath for the planning and zoning items? Please. Thank you, Chair. Good morning, ladies and gentlemen. If you will be speaking on any of today's planning and zoning items, those are the PZ items. May I please have you stand and raise your right hand? Do you solemnly swear or affirm that the testimony you're about to give at today's hearing is the truth, the whole truth, and nothing but the truth? And your response is? Thank you, Chair.

18:36 – 18:47Christine King

Thank you. At this time, Mr. City Manager, do you have any items on the agenda that will be withdrawn or deferred?

18:47 – 19:42Speaker 31

Good morning, Madam Chair, Madam Mayor, Commissioners. The administration would like to defer or withdraw the following items. RE1 to be indefinitely deferred. RE1 to be indefinitely deferred. RE2 to be deferred to the June 25th meeting. RE2 to be deferred to the June 25th meeting. RE5 to be indefinitely deferred. RE5 to be indefinitely deferred. RE8 to be indefinitely deferred. RE8 to be indefinitely deferred. And finally, FR1 to be deferred to the June 25th meeting. FR1 to be deferred to the June 25th meeting. This completes all of the items.

19:42Christine King

Thank you. Colleagues, are there any items on the agenda that you would like to defer or withdraw? No. I see a no from my two.

19:52Damian Pardo

Not at this time.

19:53Christine King

Not at this time. Commissioner?

19:55Christine King

Okay. May I have a motion to set the agenda?

19:59Christine King

I have a motion and a second. All in favor?

20:02Speaker 17

Aye. Motion. Chair, if I may, I apologize for the interruption. Pocket item. Yes. Would you like to read the title into the record?

20:12 – 21:38Speaker 13

Thank you, Madam Chair, Mr. City Clerk. Pocket item, a resolution of the Miami City Commission pursuant to Chapter 52, Article 1, Section 52-2I of the Code of the City of Miami, Florida, as amended, titled Special Events, Special Events Permits, Special Events in General Duration and Limitations, City Commission Waiver, waiving the limitation placed on the issuance of a special event permit for a period in excess of 10 days for the Allapattah Soccer Community Field Activation, A special event consisting of a temporary soccer pitch and related community programming to be produced by Miami Bethany Community Services, Inc., and not-for-profit Florida Corporation. on City of Miami-owned property located at 850 and 920 Northwest 23 Street, Miami, Florida, folio number 0131260150040 and 0131260150110 property for the period commencing June 11th, 2026 and ending June 19th, 2026, inclusive of setup and teardown dates subject to the organizer's compliance with all permitting requirements, conditions, and limitations of Chapter 52 of the City Code and all other Applicable city, county, state, and federal laws, rules, and regulations further authorizing the city manager to issue said special event permit and to negotiate and execute any and all other necessary documents all in forms acceptable to the city attorney for said purpose and providing for an effective date.

21:41 – 22:01Christine King

Thank you. At this time, I'm going to open the floor for public comment. Anyone who wishes to speak, please enter. Join us at the lecterns here, five at a time, so we don't create a fire hazard. Good morning.

22:01 – 24:14Speaker 7

Good morning. I want to try to be thankful, as the pastor said. So I'm thankful that I have this forum to share my thoughts about what I feel about what's going on with the city. I went for a run this week. I went for a run this morning. I run regularly right along the bay, right to my house. And on the run out, I saw two things that kind of startled me. One was FDOT clearing the dinner key outfall. And they were doing it with a little net this big, a couple guys with no real plan. and part of that was with a rake scraping against the grate, and the entire bay was filled with styrofoam. They weren't preventing it, maybe captured about 10% of the waste. We ended up calling DERM on them and stopping them from doing what they were doing, which was supposedly cleaning the grate. What they were doing was just emptying out everything into the bay. It was really disturbing to see that they didn't have a plan, and that we, at this day and age, don't organize ourselves to put a plan so we can implement best practices when we're trying to do the right thing. So it's really disturbing. I went on a walk with an associate of mine that basically is an advocate that I help promote to advocate because that's what I do. And we turn right by the city hall and we see a dead loggerhead turtle, completely split on the back. It was disturbing. Boater safety is a thing that we're dealing with. And right now, you know, our values are upside down. We have FIFA doing ski jet, soccer. We're not putting the pyramid of values in the right place. We love our ecology. We love our wildlife. We love our bay. We love what we have. Those are things that bring value to our life. Put those on the top of the pyramid. And then finally, please defer that item or remove that item. Right-of-way should be for the trees, not for the builds or not for FPL. Bury the lines. Think about the trees.

24:16 – 25:48Speaker 11

Good morning. Good morning. My name is Rebecca Jauregui. I'm really grateful for your time. Thank you so much. Good morning, Madam Mayor and Commissioners. I am here to support agenda item PH4 representing Alapata. I'm asking you not only to say yes to sports, but actually to healthy lifestyles. We know any hour that the youth is not busy, they get busy doing something else that they shouldn't be doing. So we just want to redirect their lives, redirect them and give them some purpose. Our coaches are ready, our people are ready, our volunteers, our families, our young people are ready. But the only thing that we need is your approval. We see that we've come for two years now and we're struggling to understand why every time we come and we feel like we're moving forward, we're actually not. Everything is pushed into the future but not into today. So we're not asking for special privileges, we're just asking that you would please approve this and help us. We simply want to partner with City of Miami to serve residents and create positive opportunities for young people and transform an abandoned property into a valuable community asset. This is why we realize that will come as often as we need to come, but we are leaving work. We are leaving, you know, other responsibilities, and we know, and we thank you for coming today, but we ask you please to approve and give us a definitive solution for PH4 today, and stop pushing it for tomorrow. Thank you so much.

25:49Christine King

Thank you. Good morning.

25:52 – 27:57Speaker 16

Good morning, Honorable Commission, Chair, Commissioners, and Mayor. My name is Kendall Coffey. I am and offices at Coffee Burlington, 2601 South Bayshore Drive. Like all of us who are present, we appreciate your public service and appreciate the difficult decisions you often have to make. But I'm here because this is not a difficult decision. I'm here on the Virginia Key matter, RE3 and 4, and the courts have decided. And they have decided that this is to be and must be put before the voters. It is not a matter of discretion, judgment. It is a present tense command from our courts to this city. And you are the city. Doesn't matter what prior commissioners did or didn't do. This is now your responsibility. And we suggest that the language, which is operative from the court, went through the appeals, went through every process imaginable, directs the city to award the marina contract to my client, Virginia Key LLC, and put the proposal before the voters by referendum. There's no room on this. In fact, mandamus is an extraordinary remedy. It means literally we command. We don't talk about mandamus commonly, but that is how emphatic the courts are and felt that it was necessary that this matter move forward. I thank you for your attention. I ask that you follow the law, and by following the law and respecting the courts rather than delay or somehow divert, do the duty that you hold in your hands today. It is a duty that not only involves respect for the courts, frankly, obedience to the court, but also the ultimate which is to put this matter in the hands of the voters. Let the voters decide. Thank you.

27:57 – 29:19Speaker 28

Thank you. Good morning. Good morning. Good morning, Madam Mayor and Commissioners. My name is Stephanie Olguin, and I am also here representing the Alaparo community in support of Agenda Item PH4. Thank you for the opportunity to address you here today. Every person who comes before you today has made a sacrifice to be here. Some have left work early, some have lost wages, some have missed classes, some have rearranged family responsibilities, and no one does that because it is convenient. We do it because we believe in this project and because we believe in our community. For two years, residents have invested their time, their energy, and resources trying to bring life to a property that has sat unused for decades. We continue showing up because we believe civic participation matters. We continue showing up because we believe our voices deserve to be heard. And we continue showing up because we believe this commission has the ability to help make this project a reality. Please recognize the commitment of the residents who continue to participate in this process and who continue to believe in the future of Alapato. Please approve a definitive solution for PH4 today. Our community has already waited too long. Thank you.

29:20Christine King

Thank you. Good morning.

29:22 – 30:30Speaker 29

Good to see you again. Thank you. Good morning, Madam Mayor and Commissioners. My name is Mindy Martinez, and I am here representing the community in support of Agenda Item PH4. Thank you for the opportunity to address you today. Today I stand before you to remind you of the simple reality that we have been waiting for two years. Two years waiting for you to put in service a public property that has sat abandoned for more than 30 years. 30 years without benefiting residents, 30 years without providing opportunities for our youth, and 30 years without contributing anything positive to our neighborhood. Two years ago, this commission recognized the value of our proposal and opened a path forward. But since then, we have attended meetings, answered questions, and provided information, and complied with every request that has been made of us. Yet, here we are again. Our community cannot continue watching a vacant property sit idle when there is a real opportunity to transform it into a place of service. recreation, and community development. Two years has been enough. We respectfully ask you to allow this vision to move forward and to finally put this property to work for the residents that it has been meant to serve. Please approve a definite solution for PH4 today. Our community has already waited too long. Thank you.

30:30Christine King

Thank you. And thank you for your advocacy. Good morning. Good morning.

30:35 – 32:49Speaker 37

Good morning. My name is James Sanderson. I am with the Bayside Residents Association, the community association with which the Prescott Estates sits, and the association that worked with the original applicant during the 22 negotiations. I'm here regarding PH2, the Prescott Estates replat, My understanding is this item would accept the final plat for Prescott Estates, including five residential lots and one tract for a private road. Our concern is not simply the use of the word private. Our concern is whether the final plat accepted today is consistent with what was represented to the neighbourhood and to the city during the 22 negotiations and appeal process. In the 22 record, the applicant stated that the replat would include language providing that the general public shall have perpetual easement for immediate entry, continued access and right of way over Prescott Lane. common driveway. That language appears in the applicant's July 21-22 filing to the Commission and it also appears in the original developer Mine and Streets commitment letter provided in connection with the BRA negotiations. The applicant also described the project as including public access through a new road. So the question for us today is straightforward. Does the final plat now before the commission actually contain the public easement and right of way language? If it does, then the record should clearly reflect that this is not simply a closed private road. If it does not, then we believe there may be a material inconsistency between what was represented in 2022 and what is being formalized now. So we respectfully ask that before acceptance of the plat, the Commission confirm on the record the exact easement language applicable to Prescott Lane and whether the public access commitment made during the 22 process is being preserved in the final plat.

32:50Christine King

Thank you. Thank you.

32:52 – 34:10Speaker 22

Good morning. Good morning Madam Mayor and Commissioners. My name is Lurian Lobo and I'm here representing the Allapattah community and in support of agenda item PH4. Thank you for the opportunity to address you today. With all due respect, we are tired. We are not tired of working. We are not tired of serving. We are not tired of fighting for our community. We are tired of seeing a new obstacle appear each time we believe we have satisfied the previous one. When one concern is resolved, another concern emerges. When one question is answered, another requirement appears. When we think we are finally moving forward, the process seems to start all over again. This is not how community projects succeed. Residents deserve clear, fair, and predictable processes. We are not asking for special treatment. We are simply asking for a fair opportunity to complete a project that will benefit families, youth, and residents throughout our neighborhood. After two years, the question should not be, one new obstacle can be created. The question should be, what can be done today to finally allow this project to move forward? Please approve a definite solution for PH4 today. Our community has already waited too long. Thank you. Thank you. Good morning.

34:14 – 35:31Speaker 27

Good morning, my name is Andrea Martinez and I'm here to represent the Allapattah community in support of agenda item page four. I wanna thank you all for having me, the opportunity to address you guys today. Today we're not asking for another meeting. We're not asking for another study. We're not asking for another delay. We're asking for a solution. After two years, our community deserves a clear and definite answer. The constant uncertainty serves no one. It does not serve its residents and it does not serve the city. It certainly does not serve the people who have invested countless hours trying to bring this project to life. Our community has demonstrated patience and we have demonstrated cooperation. We have demonstrated persistence and now we need leadership. There comes a point where every discussion must lead to a decision. There comes a point where every process must lead to a result. There comes a point where waiting becomes unreasonable. We believe that that point has arrived. Please provide a clear path forward today so this property can finally begin serving its people of Alapata. Please provide a definite solution for PH4 today. Our community has waited long enough. Thank you.

35:33Christine King

Thank you. Good morning.

35:36 – 35:58Speaker 20

Good morning, honorable commissioners and the city of Miami and Madam Chairman. I would like to apologize to Billy Corbin as well as to the commission for taking away Mr. Corbin's phone while he was legally videotaping, video recording a public meeting on May 30th, 2025.

35:59 – 36:22Speaker 19

I understand that my doing so was only a disruption of the proceedings, but a crime. I will not happen again. I want to stress that violence of any kind is unacceptable, especially in a hearing where people are exercising their constitutional protected rights to engage our government. Thank you all for understanding.

36:27 – 38:51Speaker 23

Good morning. Good morning. May God bless you. I'm here to represent the Alaparra community. So before I talk, I want to say something. No one can do more things with less than our community. Good morning. My name is Maria Angeles Moreno, and I'm here in favor of the Alaparra Eden PH4. Today, I want to talk about something that makes Alaparra special. Our community knows how to accomplish great things with better little. The truth is that no construction company, no government agency, and no outside organization can stretch the small budget that we as a community can. Why? Because we're not depending on large contracts, we're depending on people, we're depending on volunteers, and we're depending on neighborhoods. We're depending on parents, coaches, churches, and community leaders, and small donations from high working families who cares deeply about this neighborhood. When we build something, we're building with our hands. When we build something, we're building together. When we invest in the youth, we do it because we are children and our future. That is the power of the community. That is the power of the church. We really have coaches ready to serve. We really have volunteers ready to work. We really have residents who really contribute their time, their talent, and their resources. What we need now is opportunity. Please do not rest in me what your near community can accomplish. What is empowering still of recent. Give us a chance and we will transform this property into something that La Pada can be proud of. Please approve a different solution for beach for today. Our committee has already waited too long. Thank you. Thank you. Thank you.

38:52Christine King

Great job. Good morning.

38:56 – 41:03Speaker 4

Good morning. Robert Christoph, Jr., 90 Altar Road, Miami Beach, Florida. I'm here at RE3 and RE4. Good morning, mayor, commissioners, and members of the public. My name is Robert Christoph, Jr., I'm here on behalf of Virginia Key LLC. First, I want to congratulate the new mayor, first female mayor. Congratulations and commission. I've not been in front of you yet. This is my first time. I'm excited to be here before you and look forward to being on the November ballot so that people of Miami can finally have their say. RCI has a long history of successful public-private partnerships. In South Florida, we have developed and operated first class public assets while generating significantly higher rent revenue for municipalities. Examples include projects such as Monty's as well as the Miami Beach Marina. Virginia Key LLC was selected not once but twice through a competitive RFP process by two separate and independent selection panels. Unfortunately, the prior city commission chose to delay and defer this project for approximately 15 to 20 months. During that time, the real losers were the residents of the city of Miami. The city lost tens of millions of dollars in potential rent and revenue. Those numbers are clearly reflected in the pro forma that was submitted as part of the RFP. The competing bidder, the Abad Group, lost both RFP processes. Not only did they lose before independent selection committees but they were ultimately placed on a referendum through an inappropriate process. The voters of Miami rejected their proposal as well. After years of litigation, both the trial court and appellate court determined that the actions of the prior commission were improper. The courts awarded the RFP to Virginia Key LSE, upheld the lease that was attached to our proposal, The court further issued a writ of mandamus requiring the city of Miami to place the matter before the voters, recognizing the risk that continued political gamesmanship could otherwise prevent the public from having its voice heard.

41:06Speaker 4

All right. Thank you.

41:12 – 43:03Speaker 26

Good morning. May the Lord bless you all. My name is Angelica Torrentes and I'm here in support of the agenda PH4. Thank you again for the opportunity to address you today. Our message today is very simple. It is time to stop allowing bureaucracy to stand in the way of community progress. Rules are important. Regulations are important. Oversight is important. But when regulations become an obstacle instead of safeguards, something is not working properly. For two years, we have navigated meetings, reviews, requirements, conditions, and delays. For two years, we have complied with request after request. Yet the property remains unused and the residents, the community, we all still waiting. And opportunities continue to be lost. Our government should protect us as a public, but it also should empower us to succeed. Our government should create solution, not endless delays. Our government should encourage us as community, partnership, not discourage us. Today, we respectfully ask you to please break this cycle. Allow us this project to move forward. Allow this property to finally serve for a purpose. Allow the residents of Alapara to see that government, our government, can work together with the community to accomplish something good. Please, in Jesus' name, we request you to approve our project. In God we trust, and I believe his will will be done. Bless you.

43:04Christine King

Amen. Thank you. Good morning. Senora. Senora.

43:14 – 45:23Speaker 10

Good morning. Thank you for the opportunity of being here today. My name is Helsey Vasquez. I'm a citizen from Morningside area for almost 30 years now. I have an issue for over 10 years now. with a tree, which I brought pictures in here to show you. And I would like to read my statement to you. As all we know, the removal of mature trees within the city of Miami have become a growing concern. At that stage, there are circumstances where the removal of a tree is necessary for the public safety and the property protection. The city relies on qualified arborists and other experts to inspect individual trees and evaluate their condition before making recommendations regarding their future. Just as we place our trust on the city professionals when they access and approve projects of much greater magnitude, which will extend the same trust to their expertise of evaluating the trees, appealing or attempting to have the removal process before they fully understanding the reason behind an expert recommendation may be premature and counterproductive. In many cases, trees may present risk to nearby homes, structures, pedestrians, or utilities, as timely action may be required to prevent injury or property damage. Moving forward, greater consideration should be given to planning the right tree species in the appropriate locations. For example, large growing trees should.

45:24Christine King

Thank you. Thank you. Thank you.

45:35 – 46:53Speaker 2

Good morning. Good morning, Chairwoman, Madam Mayor, Honorable Commission. My name is Melissa Tapanes with Law Offices at 200 South Biscayne Boulevard, Miami. I'm here on behalf of SBV Realty to respectfully request the withdrawal of PZ1, 2, and 3. We will provide that in writing to the department shortly. We would also like to thank the chairwoman, her staff, as well as the community that has engaged in significant community discussions regarding the future of Design Place, and we look forward to bringing forward an application at the appropriate time in the future. Also, I am here representing the owner of PH2, that is the Prescott Estates plat for the record I would just I know that there was public comments the plat for that is being proposed for approval today specifically provides for a one-way private road with a public ingress egress easement and I urge the Commission if they have any questions to seek guidance from the director of resiliency and public works if you have any questions for me of course I'm available thank you Thank you. Good morning.

46:53 – 47:59Speaker 6

Good morning. Hello, Commissioners and Mayor. Stephen Leidner, 1131 2nd Street, Bay Harbor Island. Thank you, thank you, thank you, Commissioners, for safeguarding our canopy at Roberto Clemente Park. Your actions provided inspiration beyond which my words can even capture. So thank you, thank you, thank you. There's an appeal. And I'm not sure it's on the agenda because I couldn't find it, so please indulge me. But please vote yes on appeal item that was supposed to be listed as item four. This appeal seeks to overturn intended decision 26087 and save a large state-threaded mahogany tree located in the city's right-of-way at approximately 501 Northeast 55th Terrace. Posting errors, the official notice signed for the intended decision was erroneously posted on the wrong tree, denying the community accurate transparency and placing another large state-threatened mahogany in jeopardy of being removed. Thank you.

48:00Christine King

Thank you. Good morning.

48:03 – 50:14Speaker 33

Good morning. Abad Melwani, 3301 Rickenbacker Causeway, here to speak on RE3 and RE4. The court order that Virginia Key LLC, or VK, threatens to enforce does not impose a referendum timeline, nor does it require a general or primary election. As you heard this morning, even counsel for VK was silent as to the timing of this referendum. During this 10-year saga, VK repeatedly stated on the record that it would pay for a special election. The city can satisfy the order by holding a special election only after the required charter conditions have been satisfied. Please comply with the public notice requirements, complete the appraisals, vet the two lease drafts, and make the required disclosures. Run a comparison of the 2017 lease draft that the court accepted from BK as, quote, fully negotiated, with the modified version that appears before you today. Any material changes to the lease violate the order and trigger a new process. A comparison yields nearly 600 changes, and there has been no written certification from the City Attorney that these changes are non-material, because there are quite a few. Discussion in public record revealed that there were subsequent negotiations and material changes to the document. Your charter requires two appraisals to ensure that you are receiving fair market value. As of yesterday, not a single commissioner received them in their briefings. Only yesterday afternoon did they appear as the agenda backup, prompted by our second round of public record requests. There is a 10-day notice requirement. Thus, currently, neither the public nor the Commission have been afforded notice or a chance for review. Investigate the composition of VK's entity, purportedly comprised of Suntex and RCI. Only RCI and its affiliates are members to the VK entity per Florida Division of Corporation. More on this if time allows. The subject RFP was published 10 years ago. We're in a different world today. Values have skyrocketed. The costs of this project have at least doubled, and VK's proposed rents are outdated and far below market. No one here is proud of this deal. Disclose to the public what you know, that this is a terrible deal for them. A forced giveaway of precious public waterfront. Please comply with your charter, educate your constituents, and inoculate yourselves from the bad publicity which is sure to come. Thank you.

50:17 – 52:28Speaker 35

Good morning, Madam Chair. Good to see you back in the saddle and behind the gavel. Billy Corbyn on BC4 and the PH items. First, I want to just accept Ms. Mann's apology, and I appreciate her taking responsibility for her actions, and I want to condemn political violence in any form and on any scale, including threats, including calls for violence, and including the disgusting social media comments that Commissioner Grabella has expressed concern about. I do want to say, point of order, For the second meeting in a row, I'm here on items that have been deferred as I'm sitting here at 9.30 in the morning. I would like to say I know that other boards like PSAB have made more of an effort to inform through the administration and comms to let people know as early in advance as possible what items are going to be deferred. Saw a lot of young people here today speaking for the first time. I think we want to encourage that because it's discouraging and disenfranchising when people go through the trouble of taking time off of work or school to show up and engage with their government and suddenly the item's been deferred and they're not allowed to speak on it. I'd also like to say as to the PH items, there is language that appears in a lot of your items that says something to the effect of to allow the city manager to negotiate in a form acceptable to the city attorney. I would encourage you to cut that out of every single item it exists in. I think you realize that there is often a disconnect between what you vote on here and what winds up in the fine print in these contracts in an acceptable form to the city attorney. I would suggest for the most important items, you have them come back after the contracts have been negotiated so you have an opportunity to review them once again. And finally, Commissioner Gabella, you wrote today, and rightfully so, that the government has to take every or treat every single taxpayer and public dollar with respect. And I would say, I agree, but it's disrespectful what's happening in Bayfront Trust today and this month where FIFA has taken over our largest public park for a month and they are paying a total of... Zero dollars. And that includes no revenue share for concessions in the park. And if they damage anything in the park after this monumental event, we're going to have to pay for it. So it's a net loss. And I would encourage to stop the sports welfare and be good stewards of our property. Thank you, Madam Chair.

52:33 – 54:25Speaker 5

Good morning, Madam Mayor. Good morning, Madam Chairwoman. Good morning to all the commissioners. My name is Miguel Soliman, 1436 Southwest 6th Street. I'm here to support, obviously, BC 5. I've been a member of the Civil Service Board for the past term. And I want to thank Commissioner Gabela for appointing me. It's been an honor and a privilege to have served in that board. And I hope after today, with your support, to continue to serve in that board, and I would be very grateful. I also want to take this opportunity to commend Commissioner Gabela on the various roads that have been, numerous roads that have been reconstructed in Alapata with their drainage, sidewalks, and new trees. Also, sir, your crew cleaning up Alapata is exceptional. Recently, I had someone dump trash in the block where I own a property in Alapata, where my office has been for almost a decade now, and your crew was there. I didn't even have to call. It was incredible. I then called the police commander, Jorge Rodriguez. He responded immediately. He sent out the neighborhood resource officer, Vivian Mitchell, very professional, excellent service. They investigated. They went to the building, talked to the neighbor. They're keeping an eye out on that watch, which to me was very impressive, and I want to thank you for your leadership in that area. Thank you very much for allowing me the opportunity to speak here, and I hope to have your support on BC 5 and get a re-appointment to the Civil Service Board. Thank you.

54:26Speaker 18

Good morning. Good morning, Madam Chair. Before I begin, may I just bring to your attention some interns who happen to be here in the audience?

54:34Christine King

I've been watching them. I figured that out.

54:37Christine King

Good morning, interns.

54:39 – 57:18Speaker 18

Some of them are Miami residents looking to return to Miami after law school. Others are from around the country who recognize this is the community they should live in. And one of them happens to be the grandson of the architect, one of the architects for the Marine Stadium, Alex Billison. He may or may not get an offer to work at our firm. I don't know yet. But let me introduce myself. Al Dotson, Bills and Sundberg, 1450 Brickell Avenue. There's something being handed out to each of you. You've heard a lot about this project over the last nine years. A lot of straw men have been erected, and we're going to knock each and every one of them down today so we can get on with this. Every court, every hearing examiner, everyone has said that the Abad Milwani Organization should not be awarded this contract. Your residents have said that the Abad Milwani Organization should not be awarded this contract. You've had to sue him in order to pay the rent that he has owed you over the years, and the mudslinging continues even 10 years later. On the second page, we'll talk about now is the time. It was a prior commission whose illegal acts were overturned by a judge. One deferral, two deferrals, all trying to delay this in order to keep him in his place. Now, yes, the lease does say that the referendum must go forward at a time agreeable to both of us. If you want to have a special election and have this fail, do exactly what you heard him say. If you want this to pass so that the revenue comes forward to this city the way it deserves, it should be on the November ballot. notwithstanding recent Instagram posts, there were prior commissioners who said, this needs to go forward now. Next, there are two, and they're actually in this packet I just handed to you, two appraisals that have been done, and what do they show? That the rent that we propose to pay is at or higher than current market. Next. This material changes. We've gone through each and every one of them. There's no material changes. Thank you. They are in this agreement. We look forward to answering any questions that you have.

57:18Christine King

Thank you. Thank you. Good morning.

57:21 – 57:32Speaker 32

Good morning, Madam Chair. I'd like to donate my two minutes of time to Maria Furatov. She is of counsel to Brickenbacker Marina and to Obama Wani, please. Thank you. Okay.

57:34 – 59:37Speaker 14

Good morning, Chairwoman King. Good morning. Good morning, Commissioners. Maria Faradinoff of Stearns Weaver Miller on behalf of Rickenbacker Marina. I'm here today to ask respectfully for the deferral of Resolutions 191.89 and 191.90, RE3 and 4, and not summarily award this RFP and place this referendum on the November 2026 general election ballot. You have heard no one tell you that there is any court order or any obligation to rush this process and to put it on the November election. So this is not a question of whether the referendum should be put on the ballot or whether or not it should be awarded to Virginia Key LLC. Rather, it's about ensuring that the voters that are asked to approve this transaction do so with a transparent process with economic assumptions that have been thoroughly examined and that the agreement presented to the public is truly the final deal. We're talking about 27 acres of public waterfront land on a lease that could extend as long as 75 years with 80 to 100 million dollars of redevelopment and revenue generating hundreds of millions of dollars. over the life of this agreement. It should not be rushed. There are at least seven independent reasons why deferral is warranted. Number one, there was not adequate notice and opportunity to review the appraisal underlying this transaction. As was just pointed out, there were appraisals given, but they were only given 24 hours before the meeting, and those appraisals expressly acknowledged they rely on, quote, extraordinary assumptions and incomplete information. The appraiser stated that it was not provided with key documents. including a rent roll for the storage units, and the market rent don't reflect the market conditions. Second, there are concerns about the ballot language itself. It has not been fully vetted and approved. There are legitimate questions about whether it fully informs voters. It omits many material details, including that the lease could extend as much as 75 years, the assumptions underlying the projected revenue, and the material changes that have occurred since the original procurement process. Number three, as I mentioned a moment ago, there is no court order requiring that this be done by the November general election ballot.

59:38Christine King

Mr. City Clerk, would you give us another two minutes? Okay, go right ahead.

59:47 – 1:01:55Speaker 14

The appellate orders expressly require that the commission do not bypass the normal procedures to ensure that voters receive complete and accurate information, which has not been done here. Number four, there were material changes to this lease. As noted earlier, there were not just 550 edits to the lease when it was first approved until now, but those lease changes shift the allocation of risks and protections away from the city and towards Virginia Key. They favor Virginia Key, Ella. In other words, they create new procedural delay mechanisms that delays attributable to the city may result in rent abatements and extensions of project deadlines. If the city fails to approve timely requests, then the city will lose future control over events and other approvals. It also reduces, the revised lease reduces the security deposit over time and expands Virginia Keys' rights to transfer interest and broadens its ability to obtain rent relief. These are considerable material changes that are not permitted under the city code and charter. Number five, Virginia Key is likely not even eligible now for the RFP award. As noted before, Suntec made admissions on the record and in sworn depositions that they are no longer a part of Virginia Key LLC. And therefore, they cannot stand beside RCI waiting to accept this award. You need to investigate the eligibility of Virginia Key to even comply with the court order. Six, given the extraordinary duration and the lengthy history of the litigation here, we are asking voters to authorize a lease that could remain in effect for 75 years. And there is no rush or haste for that by allowing a few months to relieve the city of the problems that we've identified. And finally... This project deserves focused voter attention on a special election ballot. Voters need to not have this issue buried among numerous candidates, constitutional amendments, and other ballot questions during a busy general election. It needs to receive focused attention that this major waterfront development deserves. The risk of not having a public process with transparency warrants deferral of these two items, and we stand ready to address any questions you may have.

1:01:55Christine King

Thank you. Thank you. Good morning.

1:01:58Speaker 3

Good morning, commissioners. My name is Lucas Pizzuti, office is at 1450 Brickell Avenue, and I yield my time to Mr. Al Dotson.

1:02:05Christine King

What? No, you already spoke.

1:02:10Speaker 18

Madam Chair, he was signed up to speak. We didn't realize you could defer time.

1:02:16 – 1:02:48Christine King

Yeah, but that, I mean, everybody knows that. I don't know, George, weigh in here. I personally don't like that give a time thing because it can be taken advantage of but to speak and then not then you know I only want to be fair I only want to be fair and follow whatever the rule is so He's saying somebody gave him time. Can he come back, or does it have to be done at the same time?

1:02:48 – 1:03:01Speaker 13

The code does permit it, and the chair may recall that, but you're only entitled to receive it one time because you can't have 25 people come up. Right, exactly. So a two-minute extension is appropriate.

1:03:02 – 1:05:09Speaker 18

Okay. Thank you, Madam Chair. Again, for the record, Al Dotson, 1450 Brickell Avenue. You just heard again about all these changes. I've given you all the changes. We put some dates, added exhibits. I don't know what agreement she's talking about. It's not the one you're here to approve. Second, as it relates to all the time that has passed and why this is being rushed, the court entered its order in 2023. We're in 2026 and the argument is why are we rushing? The statement is, why does it have to be in November? The lease says that the two parties must agree on when this is to occur. We agreed with the administration that we'd focus on the November election. So I don't know what's going on here, but it seems like another attempt to delay and defer, which the courts found illegal when it happened over and over and over again before. Three city managers have recommended this for award. Two evaluation committees have recommended us for award. We have no idea why they want to stay. Actually, we do. And so do you. So we ask that you take action today, not continue to delay and defer for no reason at all. Those appraisals have been dated from January and April. Public records available for anyone to see. The fact that they haven't seen them, I can't help them with that. And if you look at those appraisals, they expressly state that what our client is prepared to pay is market rent. Thank you.

1:05:09Christine King

Thank you. Good morning.

1:05:16 – 1:06:57Speaker 15

Good morning, Commissioners, Madam Mayor. Brenda Berancourt, 1436 West 6th Street. I'm in support of PH4. The community has been working on this for several years. And we hope that this meeting will be the final voice for it. And finally, the commission is approving this project finally for the community who's been asking for a long time. We've been seeing all the projects that have been going around in the city of Miami about FIFA. Why not Alapara? It's very important for us as a community who not just represent many businesses in Alapara, that we own property in Alapara. There are family members own property in Alapara. Super important for us not to see the Freedom Park going up. but not many people in the Alapara area has the money to go and pay for those tickets. So why not giving some of what we own, our city, our property, to the community who's gonna be providing services for the most vulnerable community? Are we are going to be just giving away property again to people who doesn't even live in the city, have work and sweat for the city of Miami? We're giving so many properties to so many other people. Why can't we just approve one project for our community?

1:07:02 – 1:07:52Speaker 30

Good morning, Chairwoman. How are you today? Nice to see you. I actually came to speak on one item specifically, and then this whole controversy on Virginia Key kind of piqued my interest, because we are considered a watchdog. PZ4, save the canopies, that's a huge issue. I think maybe you should look in doing a monitorium on some of this stuff. But now let's switch to RE3 and 4. Virginia Key should be moving forward. It should be handed to the voters to decide what happens next. And the reason I say that, it should not be delayed anymore because something that I found rather interesting is that there's two or three of you up here that have received PAC money from that gentleman over there. I don't think that's right if you guys are going to continually delay because it becomes a pay-to-play scenario. Do the right thing. Thank you.

1:07:57 – 1:08:15Christine King

Anyone else like to appear for public comment? Seeing none, public comment period is now closed. Gentlemen, may I have a motion to approve our pocket item? So moved. I have a motion and a second. All in favor?

1:08:17 – 1:08:32Christine King

Great. Gentlemen, may I have a motion to approve AM1, which are the commission meeting minutes for April 9th, 2026, and AM2, which are the city commission meeting minutes for April 23rd, 2026?

1:08:34Christine King

I have a motion and a second. All in favor?

1:08:37 – 1:08:49Christine King

Perfect. Gentlemen, for the consent agenda items, are there any items, CA1, 2, or 3, that you would like to pull for discussion? Seeing none, may I have a motion?

1:08:49Christine King

I have a motion and a second. All in favor?

1:08:53 – 1:09:10Christine King

Items passes unanimously. Gentlemen, for our public hearing items, PH1 through PH5, are there, well, there's one item I want to pull, PH2. PH2 for discussion. Are there any items that you would like to pull for discussion?

1:09:13Speaker 17

And Chair, just for the record, PH4 will be amended to substitute Exhibit A.

1:09:19 – 1:09:31Christine King

Okay. Seeing no other items to be pulled for discussion, may I have a motion for PH1, 3, 4, and 5, and 4 as amended?

1:09:33Christine King

I have a motion and a second. All in favor?

1:09:36Christine King

Items carry unanimously. Mr. City Manager, I need staff. They're coming. Okay.

1:09:49Speaker 12

Good morning. Clara Zidane with Resilience and Public Works. I'm here on behalf of Juvenal Santana, the director. Okay.

1:09:57 – 1:10:32Christine King

Hold on a second. I remember this Prescott Estates issue. It was the first issue I had to deal with when I got elected. And I remember clearly from what our public commenter said about the road not being a private road. I want on the record exactly what was stated, that it will not be a private road. And if you guys don't have that information today, I would like to defer this item to make sure

1:10:37 – 1:10:58Speaker 12

Madam Chair, the plat has the language stating that the dedications and easements which include the private road is an easement, a perpetual easement for the use of the public.

1:11:00 – 1:11:19Christine King

So wait, we're going to say this in language that a six-year-old can understand. Will the public be able to use this road? Will at any time there be a gate barrier fence that would stop the community from coming through this road?

1:11:22Speaker 12

The restriction?

1:11:31 – 1:12:15Christine King

Because that's what was agreed upon, and that is what we, the city administration and everybody agreed upon. Correct, Ace? Is that what we agreed upon? That this would not be a closed private road. It would be open to the public. And here's the caveat, because I asked, is there going to be a time that there's going to be a fence up that says you can't come through here between this time and that time? Any barrier at all, because there are no barriers to public roads anywhere else. If I want to go through there at 3 o'clock in the morning, I can go through there at 6 in the morning, 10 at night, 5 o'clock in the afternoon. Let's get this on the record.

1:12:19 – 1:12:35Speaker 12

The records on the plat indicates the perpetual use of to the public. It does not indicate any fence. I cannot say for certain that a fence is addressed in the plat at this time.

1:12:37Speaker 31

Madam Chair, having heard that, I would recommend for the item to be deferred so that it can include the language, the specific language that you want in the item.

1:12:47Christine King

I agree, I agree. So may I have a motion to defer PH2?

1:12:53Christine King

I have a motion and a second. All in favor?

1:12:55Speaker 17

Aye. Chair, my apologies. To which meeting?

1:12:58 – 1:13:28Christine King

I'm going to indefinitely defer it so that we don't have to rush on getting this correct, which means I can bring it back at any time. It doesn't mean that I'm just going to sit and hold it for six months. I can just bring it back. I can bring it back the next meeting or the following meeting. As soon as we get the answer, I'll bring it back, okay? Thank you all. All right. Moving right along. The RE items. Are there any items that we want to pull for discussion?

1:13:29Christine King

RE 3 and 4. No surprise there. Okay. Any other items from the RE items?

1:13:40 – 1:13:53Christine King

Okay. Making note that RE 6 is a four-fifths vote, may I have a motion for... RE6 and RE7. So moved.

1:13:59Christine King

Motion carries unanimously.

1:14:07Christine King

Would you guys like to address RE3 and 4 now or should I just move through the agenda and come back?

1:14:15Ralph "Rafael" Rosado

Yeah, we can do them at the end.

1:14:17Christine King

Mr. City Attorney, would you please read the titles of the second reading items for the record?

1:14:23 – 1:16:13Speaker 13

Yes, Madam Chair. Thank you. SR 1, second reading ordinance, an ordinance of the Miami City Commission amending Chapter 37 of the Code of the City of Miami, Florida, as amended, titled Offenses Miscellaneous, more particularly by amending Section 37-11 of the City Code, titled Public Urination or Defecation Prohibited, Exceptions, Penalties, providing for revised definitions, prohibited acts, and repealing exceptions, containing a severability clause, and providing for an effective date. SR 2. Second reading ordinance. An ordinance of the Miami City Commission with attachments amending Chapter 35, Article 5 of the Code of the City of Miami, Florida is amended. City Code titled Motor Vehicles and Traffic, Coconut Grove Business District, Design District, Wynwood Norte, and Downtown Flagler District Parking Improvement Trust Funds. More particularly by amending Section 35-220 titled Required Off-Street Parking and payment in lieu of required off-street parking. and establishing Section 35-241 titled Little Havana Parking Improvement Trust Fund established. Section 35-242 entitled Funds Made Available Financial Report. Section 35-243 titled Schedule of Fees and Charges for Little Havana Parking Improvement Trust Fund. Section 35-244 titled Parking Waiver Certificates Revocation Refunds to establish the Little Havana Downtown Parking Improvement Trust Fund containing a severability clause and providing for an effective date. sr3 second reading ordinance and ordinance of the miami city commission amending chapter 38 article 1 of the code of the city of miami florida as amended titled parks and recreation in general by amending section 38-18 titled naming of facilities at hadley park more specifically naming the skating rink located therein as the railroad shop roller rink containing a severability clause and providing for an immediate effective date that concludes the second reading items madam chair

1:16:13Christine King

Thank you. May I have a motion for SR 1, 2, and 3? Move. Chair. I know, Todd, I didn't.

1:16:22Christine King

SR 2 is going to be as amended, and the city clerk has a statement to read for SR 3.

1:16:28 – 1:16:55Speaker 17

Yes, and my apologies, Chair. I just have a brief statement for SR2. SR2 will be amended pursuant to a substitution memo dated June 9, 2026. In addition to submitting to the record, PZAB Resolution PZABR-26-030 is a backup document. For SR3, for the record, the agenda summary form for SR3 will be updated to reflect second reading and not first reading. The agenda summary form is an administrative document, so this substitution will not amend the legislation. SR theory will be as is. Thank you, Chair.

1:16:56 – 1:17:07Christine King

Thank you. I have a motion and a second. All in favor? Aye. Items carry unanimously. Thank you. Boards and committees, Mr. City Clerk?

1:17:08 – 1:17:19Speaker 17

Thank you, Chair. BC1, Accessibility Advisory Board. Commissioner Rosado would like to appoint Tomas Casiedo.

1:17:21Christine King

May I have a motion? Motion.

1:17:23Christine King

I have a motion and a second. All in favor? Aye. Aye. Aye. Motion carries.

1:17:28Speaker 17

Audit BC3, Audit Advisory Committee. BC3 is a holdover item from a previous agenda. It's no longer needed. Therefore, I'm requesting a motion to withdraw BC3. So moved.

1:17:38Christine King

I have a motion.

1:17:40Christine King

And a second. All in favor?

1:17:41Speaker 17

Aye. BC4, Bayfront Park Management Trust. Commissioner Gabela would like to reappoint Christopher Pinellas as an at-large member.

1:17:52Speaker 17

Aye. Aye. B.C. 5, Civil Service Board. Chair Kinkins requesting to reappoint Rodrigo Jimenez to an at-large seat.

1:18:03 – 1:18:19Speaker 17

Aye. B.C. 8, Education Advisory Board. Commissioner Rosado would like to appoint Josefina Beira, and City Manager Reyes would like to appoint Brandy Crystal, who requires a forfeits waiver of the requirements of City Code Section 2-1013, Subsection 8. Move. Second.

1:18:27 – 1:18:40Speaker 17

BC-12, Interfaith Advisory Board, Council. BC-12, Interfaith Advisory Council. Commissioner Pardo would like to appoint Rabbi Fred Klein as a voting member who requires a four-fifths residency waiver. Motion. Second.

1:18:41Christine King

All in favor? Aye. Motion carries.

1:18:44 – 1:19:01Speaker 17

B.C. 13, LGBTQ Advisory Board. Mary Higgins would like to appoint Daimee Sanchez. Commissioner Gabel would like to appoint Alexander Bailey. And Commissioner Pardo would like to reappoint Thomas Reyes to his seat and reappoint Timothy McLemore as an at-large member.

1:19:03Christine King

All in favor? Aye. Motion carries.

1:19:06Speaker 17

B.C. 14, Little Haiti Revitalization Trust. Chairwoman King would like to appoint Stanley Paul Noel. Motion. Second.

1:19:19 – 1:19:31Speaker 17

BC 17, Performing Arts Center Trust. The following names have been submitted by the trust. Felipe Angulo, who is a new member, Mimi Ferre as a reappointment, Brian Goldmeier as a reappointment.

1:19:37 – 1:19:51Speaker 17

BC 18, Planning, Zoning, and Appeals Board. Commissioner Potter would like to reappoint Mario Bailey and Joshua Patinkin, and Commissioner Escalona would like to appoint Arthur Porosov. Motion. Second.

1:19:52Christine King

All in favor? Aye. Motion carries.

1:19:55Speaker 17

BC-20, Virginia Key Advisory Board. Mayor Higgins would like to appoint Christopher Norwood. Move. Second.

1:20:08Speaker 17

And that concludes the boards and committees. Thank you, Chair.

1:20:10 – 1:20:23Christine King

Thank you. Mr. City Clerk, would you please read the title? Well, not necessary for the PC item. Anybody want to pull this for discussion? Commissioner Pardo.

1:20:23 – 1:22:49Damian Pardo

Yes. So I grew up in Coconut Grove and I live in Morningside and I have the privilege of living with a beautiful canopy I think if anybody understands why it's so important to preserve and grow our canopy and trees, it's our office. We have been working with this since the very first day. We actually review every single intended decision in our district, and what's before us right now is one of the decisions we reviewed. I want to read to you the arborist report on this tree, this mahogany tree in Morningside. The mahogany located at 501 NE 55th Terrace exhibits an advanced decay ecosystem with severe structural compromise resulting from historic utility line clearance, improper scaffold removal, advanced trunk decay, root system disturbance, and canopy imbalance. In addition, the tree presents a compromised anchorage root system that could potentially fall especially under wind load conditions that might result in partial or total tree failure. Given the presence of high value targets and the cumulative nature of observed defects, the tree poses a significant risk to the public safety and adjacent private property. Due to compounded structural defects, the removal of the tree is recommended given the likelihood of partial or whole failure. Removal and replacement are the recommended courses of action. This was appealed. I have just recently met with the owner who requested relief because apparently part of that tree had impacted her home previously. She's very concerned going into hurricane season. I also met with the Civic Association, and what I guaranteed them, because we place such a high value on these decisions, we just want to indefinitely defer, give us sufficient time to have another arborist review it, And then I will, as you said, with an indefinite deferral, my plan is to bring it back immediately and have us take action. So for anyone that wants to know more about Tree Resources on our Instagram site, you will find lots of Tree Resources. If you want to know about deferrals of items, we publish them on our Instagram site so you don't have to come down if an item's being deferred. Sean, I don't know if you want to add in since it's you guys.

1:22:49 – 1:23:07Christine King

What? Public comment? Oh, no, I mean as a... Well, I see Attorney Quirk here standing here, but I'm not sure why, but we are finished with public comment. So it's not related to this. And this isn't a quasi-judicial matter, so I don't have to hear it. It is quasi-judicial. No, no, but he wants to defer it.

1:23:07 – 1:23:40Damian Pardo

Understood, but can I be... But wait one second, and the other thing I want to say, City Manager and this administration, I really, really want to thank you because in addition to the work we're doing in Chapter 17 and the Tree Advisory Committee... And everything we've put in motion, which I'm convinced we do need to have revisions to Chapter 17, you all are doing all of the administrative actions that we have asked for, and clearly it's aligned with preserving and growing our tree canopy. So thank you very much. As well as the chair and everyone here who works hard to preserve and grow our tree canopy. Thank you.

1:23:44Speaker 31

We're good with an indefinite deferral for further information.

1:23:46Christine King

Okay, so I have to, well, I need a motion, and while I'm getting a motion for PZ to indefinitely defer it, I also need a motion to withdraw PZ 1, 2, and 3.

1:23:56Damian Pardo

I'll make those motions.

1:23:58 – 1:24:09Christine King

So I have a motion and a second. All in favor? Aye. Motion carries unanimously. Thank you all. Commissioner Gabela, I believe you pulled RE 3 and 4? Yeah.

1:24:12 – 1:24:35Miguel Angel Gabela

All right, so RE3 and 4, which is the elephant in the room today, you know, the big elephant in the room. Look, here's the deal. The reality of the situation is that none of us were here. Wait, wait, wait.

1:24:35Christine King

This is Virginia Key. You said Allapattah?

1:24:39Miguel Angel Gabela

No, no, no. This is RE3 and 4. Isn't that what you just said?

1:24:43Christine King

Yeah, but that's not Allapattah.

1:24:46Miguel Angel Gabela

We're talking about Virginia Key.

1:24:47Christine King

Okay, I'm just making sure we're on the same page. I got it. I thought you said Allapattah.

1:24:51 – 1:26:04Miguel Angel Gabela

No, no, no. I said Virginia Key, RE3 and RE4. So as I was saying, the reality of the situation is that none of us here today were here back then when this whole drama started 10 years ago or 15 years ago. When I had my briefing, I asked the question, what is this land worth today? And my concern was that all these numbers and all the contract was done 10 years ago. So it doesn't reflect the reality of today's prices. We have inflation in this country like every other. And so therefore, for me, when I hear these numbers backwards and forwards, it's a do-over because they're 10 years old. That property was worth $80 million back 10 years ago. And you start compounding the value of properties, what they've increased. At a minimum, it's a lot more money than what it is today at the end of the day. So then you got that. You also have the situation. Now, here's where I need to ask George again, because I want to put it on the record, because this is what I said. Okay? George, okay, this is an order from a judge. Is this correct?

1:26:05 – 1:27:16Speaker 13

Correct. There's an order issued by a judge dated... Hold on... 10th day of February, 2023. And let me just say what the order, conclusion of the order was. Number one, the court finds that the city acted arbitrarily and capriciously in rejecting all bids responsive to the second RFP for the Virginia Key project and agreeing to put forward a charter amendment to award the project to Rickenbacker's affiliate, a lower bidder, without competitive bidding. Number two, Accordingly, the court declares that Virginia Key LLC, as the prevailing bidder, has the right to have its proposal presented to the public for approval by referendum. Number three, the court further declares that the city must award the contract for the Virginia Key project to the prevailing bidder, Virginia Key LLC, pending approval by the public. Four, the court therefore enters a writ of mandamus directing the city to enter into the lease agreement with Virginia Key LLC for the Virginia Key project pending approval by the public. So there is, in fact, an order mandating through mandamus that you place this item on an agenda.

1:27:16 – 1:27:44Miguel Angel Gabela

Okay, and here's the thing with me. With me, I think that, you know, for me, the numbers don't work today. So if I had my choice, I would defer this order. You know, or start a brand new deal either way, because to me, you know, it's not acceptable what happened 10 years ago. I wasn't here. You weren't here. Nobody was here. And now yet we're paying the price for the, you know, the kicking of the can down the road, if you will. OK, we're now paying that price and we're asked to make that decision. Right.

1:27:45 – 1:28:10Miguel Angel Gabela

I, for one, do not feel comfortable with the numbers dating back 10 years back. You can tell me whatever you want that this deal is better than the old one, but at the end of the day, it doesn't reflect the reality today. That's me. However, my problem is what happens today, and I think you were clear about this, if we do not do this and put it up to the voter... then what happens? And you said to me that we would be in contempt of court. Is that correct?

1:28:10 – 1:29:43Speaker 13

Well, what I wanted to say was, and I don't like to be alarmist, and I don't like to engage in puffery or alarmism, but I think some of the arguments that you heard from Virginia Key's counsel were setting up sort of an argument to go in front of the court for a rule to show cause. And my position is, in good conscience, There's a writ of mandamus filed, and the court has ordered you to take action. There is nothing else that can be done. This case has been litigated up and down. It's been through hearing officers, through the Circuit Court Appellate Division, through the Third District Court of Appeals. The Third District Court of Appeals affirmed, PCA affirmed the Judge Fine's order, and so there is really nothing else to do. The court has made it clear. We disagreed. We challenged the orders, and the court and the third district affirmed, as I said, PCA affirmed. So I don't believe there's any discretion. The court says essentially in the order that this is a ministerial action, which means you have no discretion. One of the counsel that stood up says you have no discretion. So I think that you could... that if you were to defer this item, there is the possibility that the... one of the sides could file a motion to enforce the order to issue a rule to show cause, which is essentially a contempt action. And my fear would be they might name the city, but they might name the individual commissioners that acted. So I don't want to recommend a course of action that puts you in any peril.

1:29:44 – 1:29:57Miguel Angel Gabela

So for me, if I could vote without a liability like the one you're describing, I would vote this thing down today and say new contract for everybody. I don't care about anybody. New contract for everybody across the board. Period. End of story.

1:29:57 – 1:30:17Speaker 13

And at the end of the day, I mean, technically you're awarding the contract. The court awarded the contract per the order. All you're doing is giving it to the voters, and the voters get to decide. And they can determine whether a 10-year-old numbers are good or bad. And it's ultimately up to the citizens of Miami to decide how this should be done.

1:30:17 – 1:30:59Miguel Angel Gabela

Right. So for me, I'm going to be very clear. So I already said what I said. I don't like the deal. I think it's a 10-year-old deal. I think it's bad for us. However, I don't want to see us, what you just said, I'm not going to get into that. I'm not going to get myself into contempt of court for anybody, for any reason, for anyhow. Let me make that clear. More importantly, I don't want to get the city in another liability issue of more lawsuits hiring outside counsel to defend now us because we got a problem up here because we didn't do this, whether we agree with it or don't agree with it. That's where I'm at. And I've made my position clear after I had the briefing with you. You know what I mean? And that's it. I'm done. I leave it up to you guys.

1:30:59Christine King

Commissioner Pardo.

1:31:00 – 1:31:35Damian Pardo

I share my colleague's concern exactly. And as you said, it's a ministerial situation where we're just being asked to go ahead and pass these items. I do think it's important to have as much transparency and disclosure as possible. This is in our district, so definitely we will be posting everything, making it open to the public, any appraisals, any information that comes our way, so that people can have as much information as possible as soon as possible. And none of us were here, but it's very clear that we really don't have any other direction than to just pass this.

1:31:35Speaker 13

That is correct. None of the commissioners here on the dais or the mayor were here when these actions occurred over a very lengthy time.

1:31:45Christine King

Commissioner Rosado?

1:31:48 – 1:32:07Ralph "Rafael" Rosado

Mr. City Attorney, could you elaborate on this concept of us being potentially sued on an individual basis? Because we haven't had this conversation previously. It hadn't come up. And my understanding is we essentially have immunity from these kinds of decisions. What makes this decision different from other matters on which we vote?

1:32:07 – 1:32:30Speaker 13

Well, so like legislative immunity comes into play when you're exercising your discretion that you have. So if you decide to go one way or another on an item, on a resolution, on a piece of legislation, an ordinance, et cetera. But what essentially we have here is the court has already litigated this. The court has issued an order. So there is an order from the court saying, place this on the ballot.

1:32:32Speaker 7

I don't believe you have legislative immunity.

1:32:34 – 1:33:10Speaker 13

Well, let me retract that and strike that from the record. I will defend you all no matter what happens, but I would not encourage us to test those waters, let me say it that way. It's an order telling you all to place this to award the contract subject to voter approval. The way you get subject to voter approval is by placing on a ballot. Any deviation from that order could empower the other side to go to court and say, look, judge, they're not following your order. We wish to issue a rule to show cause, which essentially is, like I say, a contempt action.

1:33:12 – 1:33:47Ralph "Rafael" Rosado

I have a follow-up question. Thank you for that. I think Commissioner Gabela's point about the business terms being outdated is also a good one. And in the selected party's presentation, this is from within the PowerPoint that we each received with the scarecrows at the front, On the last slide here, it says, Florida law is clear that changes to a negotiated agreement between a private party and the government are allowed so long as the changes are ministerial or the changes end up benefiting the government. Is there no wiggle room to negotiate better deal terms with the party that was awarded the contract?

1:33:48 – 1:34:07Speaker 13

There is no wiggle room to negotiate any material changes. And actually, we did not prepare this, but I think it's quite helpful because you heard one side say that there are a whole bunch of changes and they shouldn't have occurred. But when you look at the changes, it's, for example, changing the former city attorney's name to my name. It's clarifying that there's no changes to business terms.

1:34:07Ralph "Rafael" Rosado

Those are always for us getting the best possible deal.

1:34:09 – 1:37:10Speaker 13

Yeah, and like the one that sort of jumped out at me was the adding anti-human trafficking. That's a requirement. We have to put that in pursuant to Florida law. So none of the changes that were made were material changes, and I'll say that on the record. And so I don't know if that answers it. So there's no wiggle room to change any of the substantive business terms? No. declares that the city must award the contract for the Virginia Key project to the prevailing bidder. So that means the contract needs to be awarded. That doesn't mean renegotiate or go back to the drawing board or anything like that. The court has removed your discretion to make any changes. And mind you, the court didn't do that in a day. This litigation went on from 2016 or so. This process started... According to the court order, 1983, the city owns a marina at 3301 Rickenbacker Causeway that has been operated by the current tenant, Rickenbacker Marina, since 1983. 2015, we attempt to do... The city attempts to do a RFP. That RFP goes forward. The... Virginia Key LLC prepared and submitted a bid in response to the city's first RFP to avoid any suggestion. Well, all right. Rickenbacker, through an affiliate, knew Rickenbacker Marina also submitted a bid in response to the first RFP. And I'm reading directly from the order with these things. Then on... March 16, 2016, the City Selection Committee ranked Virginia Key LLC as the top-ranked bidder that responded to the first RFP. Rickenbacker was ranked third out of the three bidders that responded to the first RFP. The City Manager at the time, Daniel Alfonso, subsequently recommended to the City Commission that the project be awarded to Virginia Key LLC as the top-ranked bidder. On April 12, 2016, Rickenbacker submitted a bid protest challenging the recommendation of Virginia Key LLC. The bid protest on the first RFP was heard by the city commission. At that time, the city commission threw out the bid. They threw out the bid because there was information that developed that in the year 2000, one of the affiliates, a sub-subcontractor of Virginia Key LLC, hit a pipe in the bay that caused a sewage spill. Ultimately, the court found that the Virginia Key LLC presented undisputed evidence to the city commission showing that the spill in 2000 occurred when the sub-subcontractor struck an underwater sewer pipe that was not marked on any map or chart or recorded in a public easement. City staff investigated and confirmed with the National Oceanographic and Atmospheric Administration, NOAA, that the underwater sewage pipe was not identified on any maps or charts. Neither Virginia Key LLC nor its principals or affiliates were found to be at fault for the spill by any government agency. But notwithstanding that... George, I'm sorry.

1:37:10Christine King

I don't mean to interrupt you. But you know when you say that, I mean to interrupt you.

1:37:15Speaker 13

That's like with all due respect, right?

1:37:17 – 1:42:09Christine King

Exactly. You expect us to absorb what you're saying? Well... Wait, George, let me finish. You expect us to absorb all of that here? right this second? Because you didn't give us all of that in our agenda briefing. And let me clear something up, because you know I'm the only one up here with a bar license, and I'm not going to try to let you all take my bar license from me. One, I don't think you're being honest with us. We don't have any wiggle room as to getting this on the ballot. We also don't have any wiggle room to negotiate. But it the contract that goes before our residents have to be the contract that was negotiated and the court was before the court. Now, both sides got up and spoke. I cannot digest what they're saying here in a few minutes. I don't know if there were material changes or not, but I can tell you if we decided, because there's no universe that exists that this can't go to the voters. None, gentlemen. There's no universe. But we could absolutely say it can go to the voters X day. It troubles me when the city all of a sudden wants to act. The court ordered that writ of mandamus in 2023. It is 2026. We would not, I'm asking the question because you will defend me. We will not be in contempt of court if we said, This goes for special election because, and we gave all the reasons that we wanted it to go to a special election. And be clear, I am not advocating for it to go to a special election or not. I'm just saying that I don't think you're being truthful with us. And by saying that we could be held personally liable if we vote one way or another is not true. We are obligated to get this issue to our voters and we're obligated to make sure that the contract that's going to them is the contract that was before the court And no terms have been, no material terms have been changed. And because you're saying that there are no material terms, but you're threatening us by taking a position like we'll be in trouble. No, we won't. The city should be in trouble because you should have done this from 2023. Because how many elections have gone by since? My election, twice. Commissioner Pardo, Gabella, Rosado, Covo, you've had a number of elections that this could have gone to the voters. So as long as we say with certainty that this will go to the voters and we can identify when it will go to the voters, I don't think a court is going to say that we, this body, particularly when we, this body, manager, mayor, has not had the opportunity to go over this because this happened way beyond us. Again, I'm not advocating one way or the other. I'm just saying, am I correct, George? If we identify a date that this goes to the court, would we have not satisfied that court order? And by the way, gentlemen, a writ of mandamus, it is a very serious order. We cannot, we cannot in any universe not adhere to that court order. But to try to threaten us now when you got that writ of mandamus and you were here, George, we weren't. In 2023, mm-mm, don't do that. Because my colleagues don't know. Because I'm the only practitioner here. Don't do that. Because that's not fair to us. And it's not fair to us for you to start reading off this stuff when you didn't do it in our agenda briefing. Well, I don't know what you did in anybody else's agenda briefing, but it wasn't done in my agenda briefing. We didn't talk about material terms, changing material terms. So I'm going to let my colleagues now weigh in since I've given you some more information that I think you would have needed to make an informed decision on this matter. Go ahead, George, because I know you don't agree with me. But just tell me that. If we make a determination on when this is going to the electorate, and I am voting in favor of it going to the electorate, and when do we have to decide to make it for the November ballots?

1:42:11Speaker 13

When do you have to decide to put it on the November ballot, Todd?

1:42:16Speaker 17

Chair, that is July 24th. Close the business.

1:42:21 – 1:42:32Christine King

Okay, so we don't have to decide this second to absorb everything you have said while we're sitting here. I don't read that quickly.

1:42:32 – 1:43:09Speaker 13

So the difference between what we're saying is that... The document, which document is it? The RFP that was included and ultimately was awarded by the judge says, referendum requirement per section 3F3i of the city charter, this lease will not be valid until it is presented and approved by public referendum. Lease negotiations must be substantially concluded in time to be considered by the city commission for placement on the selected election ballot. That has been completed. You have a deal.

1:43:09 – 1:43:36Christine King

Has it been completed? But you didn't answer my question, George. But you didn't answer my question. My question was clear and plain, and it's a yes or no. If we decide as a body that this will go to the voters and we identify when it will go to the voters, which we don't have to do today because we will not miss the deadline. If we wanted to go to a November ballot, will we be in compliance with the writ of mandamus?

1:43:38 – 1:43:54Speaker 13

The... I can't answer that question because ultimately you're asking whether or not the plaintiffs will determine your deferral of this item to another date because essentially that would be the action that you'd be taking is you're not putting it on the agenda.

1:43:54 – 1:44:25Christine King

We aren't missing the deadline for the November ballot so nobody can say anything to us. Now the day that it is the deadline for the November ballot if we don't make a decision or we don't determine what date, special election, or what have you, then we may, but today, you're trying to tell me that today we'll be in contempt if we don't make a decision today? That's a yes or no, George. That's a yes or no. Yes.

1:44:25Speaker 13

You asked why?

1:44:27 – 1:44:43Christine King

No, I just asked you yes or no. If we do not make a decision today, will we be in contempt considering that the November ballot language we have until sometime in July to determine?

1:44:45Speaker 13

So as you have indicated in the past, a lawyer doesn't answer questions like that yes or no.

1:44:51 – 1:45:05Speaker 13

The answer is it depends. It depends on what the plaintiffs do. It depends on what the court thinks. I have no crystal ball. But I will tell you, you asked the question, why now do we have to do this when we didn't do it before? between the 23rd.

1:45:05Christine King

That was a rhetorical question. It was rhetorical.

1:45:08 – 1:45:30Speaker 13

After the 23rd, the February 23rd, the case went on appeal. The mandate of the third district came out in December of 2025. But the referendum requirements is the city together with a successful proposal may choose to present the project by referendum during a scheduled election as a piggyback or may choose.

1:45:30Christine King

George, hold on. Hold on. Hold on. Hold on.

1:45:33Christine King

Hold on, George. Hold on. Hold on. Hold on. Hold on. You said to us earlier, this was done in 2023. Am I mistaken?

1:45:43Speaker 13

The trial court ruled in 2023.

1:45:45 – 1:46:18Christine King

Okay, but you said it was all done 2023. Did you guys hear the same thing that I heard? 2023, right? Now it's jumped to 2025. I wouldn't make the argument if you hadn't said 2023. I would not have said we've had this election and that election and that election if you had said 2025. This is why the voters don't trust us. Because you say one thing, then you say another. Now, let me ask my colleagues again. Did he not say 2023? Yes.

1:46:18Miguel Angel Gabela

Okay, can I just say something? Wait, wait, wait.

1:46:22Christine King

I'm just trying to. Can I say something? Yeah, but answer my question. Did he say 2023? I think I heard him.

1:46:27Miguel Angel Gabela

Is that what you said? I didn't hear that. The question was. I'm here in the middle. But you should lead with, no, we got our final absolute in 2025.

1:46:33Christine King

You should lead with that.

1:46:42 – 1:47:11Speaker 13

The question presented was, when did the court order the trial court? And my answer was, the trial court entered an order, and I read from the date of the order, February of 2023. Now, after that, as I was answering Commissioner Rosado's questions, I was going to provide you the details of all the different times that this went to the circuit court, appellate division, to the third district court of appeals, and then it came back. The third district issued its mandate.

1:47:11 – 1:47:39Christine King

Okay, George, but don't you think you should lead with that? Once all of the remedies were exhausted, it was 2025. So we couldn't do anything before 2025. You should lead with that, and that is what I'm saying. You're leading with, oh, if we don't take this action, then the court might hold us in contempt, la, la, la. It might hold you in contempt. That's what you told Commissioner Gabela, because he went and said, I don't want to do anything that's going to get us in trouble. I stand by that. This and that.

1:47:39Speaker 13

The court might hold you in contempt.

1:47:41 – 1:47:57Christine King

The court's not going to hold me in contempt if I follow the court order. The court will not. And there's no universe, and I say it again, that this is not going to the voters. None. Commissioner Cabela.

1:47:57 – 1:49:12Miguel Angel Gabela

So I thank you for educating us that we are not experts like you. But here's what I want to say. I rebuilt, I've done V12 Jaguar engines and all kinds of, I've done them all my life. And so I'm the expert on that. You know, however, you don't have to be an expert to know how to put the key in the ignition and turn the car on. Okay, so when he tells me, now if today you tell me otherwise, then I will be, you know, look, I'll say it again. I think this is a bad deal for the city, something that's 10 years old. It does not reflect property prices today. What we can get as a lease today doesn't reflect any of that. So this is a bad deal. You know, I've said that already. However, okay, If you're the attorney, and I'm going to ask the advice from the attorney, and he is the attorney at the end of the day, I've got to somehow believe that I have to take his advice. Because if his advice is not valuable, then what do we have George for as an attorney? For me, that's what it is. So I don't have to be an expert to know that the man is telling me this is the problem. Now, if that's not the problem, I will be happy to defer. We're not going to be in contempt, and you can guarantee me we're not going to be in contempt. then right now I would vote with you to defer it. That's just me.

1:49:12 – 1:50:03Christine King

I'm not proposing a deferral. I was just trying to show in law, there are two sides. And usually we answer a question with, it depends. But I don't like a heavy-handed saying, oh, we're going to be held in contempt, because I know that's not true. And then... with saying the other stuff like not leading with 2025, saying 2023, that kind of thing. And then do we have material changes? Do we not have material changes? Those are things that I cannot determine right here because another thing in law that they say is trust but verify. I believe our Madam Mayor would like to have a comment as well.

1:50:05Eileen Higgins

Mr. City Attorney, I have a question for you. The ballot language, was that specified by the court or did we draft that?

1:50:15Speaker 13

I believe that was developed in consultation with the court order and we just followed our normal procedures for drafting that language.

1:50:24 – 1:52:06Eileen Higgins

Okay, so we drafted it. Colleagues, the one thing, I mean there's two sides to this, right? I mean obviously we'd like to have a better Marina deal. Obviously, it's been dragged out in the courts for going on 10 years now. And this ballot language in some ways isn't as clear as it could be, and I'm thinking particularly, Commissioner Cabella, what you said. It's 10 years old, and so I'm wondering if we need to add something to this ballot language, you know, per a deal or a lease or a negotiation in 2017, comma, shall we do all these things? that's the one thing that appears to be missing is this disclosure to the voters however they pick vote vote yes or vote no but the full deal here is this is not something we negotiated today none of us had anything to do with this right but they need to know to be able to weigh in it's okay that this was done in 2017 it may not be the best deal we would get if we did it today But we get a new marina, and we're OK with that, even though it's an old deal. Or they could say, oh, gosh, that was a long time ago. Maybe we should look to see if the city could be a better deal. But I'm not clear that we are providing that information of the actual choice the voter's making by leaving out how long ago this contract was negotiated. We clearly have to put it on the ballot. If we have any say, if you all are interested in thinking about that, that was an observation that I made.

1:52:10Christine King

Commissioner Pardo, I think you said.

1:52:11 – 1:54:12Speaker 13

Well, I kind of would like to know how you respond to that. Yes, I think that... Like I said, the court ordered the award. It went through the appellate process. There is no discretion to change, really. The ballot question has a limitation of 75 words. It mentions what the deal specifics are. While, you know, this deal may be 10 years old, and as the order reflects and the history reflects, there was an interim... RFP that went forward where Rickenbacker Presented their project to the voters and it was rejected by the voters people read the Charter question they got the information and they voted it down that may very well happen here You know people may take into consideration that this is an older deal that these numbers are old and I believe Virginia Key LLC understands those risks and and but But they litigated all that the court said award this City of Miami Commission and when you couple that with the journey that it took from 2015 to present where the Commission voted things down and the order specifically says the former City Commission acted arbitrarily and capriciously in delaying the approval of this project and That's why I view that while it may seem draconian to the chair, I don't think it's beyond the realm of possibility that the plaintiffs could say, look, here's yet another example of the city, a new city commission trying to delay this matter. And they're saying move it from the November election to a March election or something like that. And that could have an impact on the voter turnout and how the item is perceived and stuff like that. You're weighing in on this when the court really said the court has awarded this project and subject to voter approval and just send it to the ballot.

1:54:12Damian Pardo

So I want to make sure I understand this. So the ballot language has already gone through a very extensive process.

1:54:18 – 1:54:54Speaker 13

It's been agreed upon with with the plaintiff and the court has ordered this ballot language. The court has ordered that the project, the court never reviewed that ballot language. So that's between the prevailing party and whenever we do these RFPs, there's always that sort of give and take. Once they win the RFP, once the city commission awards it, then the ballot question is negotiated. We prefer to have buy-in, we demand buy-in from the plaintiff because in the event it is challenged, they're going to be carrying a lot of the water in the defense of the ballot question.

1:54:55Damian Pardo

Both sides agreed to this ballot. Both sides agreed to this ballot. So it's a ministerial function.

1:55:06Christine King

We have to vote on RE4 before we can vote on RE3. Do I have a motion for RE4?

1:55:22Miguel Angel Gabela

So moved. Okay, what exactly are we moving? We're moving to what? To put it on the ballot?

1:55:28Christine King

No, we're awarding the lease. What are we?

1:55:33 – 1:56:40Speaker 13

RE4 is awarding request for proposals number 1617-011 for the lease of City of Miami owned waterfront property for the marina restaurant store uses located at approximately 3301, 3605, 3501, 3311, and 3511 Rickenbacker Causeway as more particularly described in the attached exhibit A. to virginia key llc subject to approval by a majority of the votes cast by the electorate at a referendum election authorizing the city manager to execute a lease agreement in substantially detached form with proposer for an initial term of 45 years with two 15-year renewal terms and payment to the city of a minimum guaranteed annual rent equal to two million two hundred thousand dollars increased annually plus percentage rent equal to six percent of gross revenues for the privately funded development of a marina on the property including boat storage restaurants retail and public parking is more particularly set forth than the lease subject to approval by a majority of the votes cast by the electorate at a referendum election in accordance with the requirements of the city charter and other applicable laws that's what you're voting second

1:56:41Christine King

I have a motion and a second. All in favor?

1:56:48Christine King

Motion carries unanimously.

1:56:50 – 1:58:07Speaker 13

Then RE3 is a resolution. I'll just go ahead and read the title, Madam Chair, just for the record. A resolution of the Miami City Commission with attachments approving, setting forth, and submitting to the electorate for their approval or disapproval the following referendum ballot question. Shall city lease approximately 27.62 acres on Virginia Key to Virginia Key LLC for a 45-year initial term with two 15-year renewals, Minimum annual guaranteed rent to city of $2.2 million with escalations, totaling approximately $203,980,000 over the initial term, plus 6% of gross revenues, approximately $80 million privately funded investment to redevelop existing Rickenbacker and Marine Stadium marinas in an environmentally sensitive manner, including boat storage, restaurants, retail, and public parking, question mark. calling for and providing that such ballot question will be submitted to the electorate at the referendum special election to be held concurrently with the general election scheduled for November 3rd, 2026, designating and appointing the city clerk as the official representative of the city commission with respect to the use of voter registration books and records, further directing the city clerk to cause a certified copy of the herein resolution to be delivered to the supervisor of elections for Miami-Dade County, Florida, not less than 45 days prior to the date of such election.

1:58:11Christine King

All in favor? Chair? Aye. Sorry, as amended, Todd is going to read.

1:58:16Speaker 17

Yes, as amended to add a resolution number in the 16th whereas clause and a resolution number in Section 4 of the legislation, as well as in addition to a few other amendments associated with grammar. So those are the amendments.

1:58:27Christine King

I have a motion and a second. All in favor?

1:58:29Speaker 17

Aye. Unanimous.

1:58:33 – 1:58:47Speaker 13

And Madam Chair, after the... I also wanted to introduce, we have interns here from the City of Miami Attorney's Office. I'd like them to stand. They just got to watch a vigorous debate.

1:58:47Christine King

Yay! Hope you enjoyed that.

1:58:51Speaker 13

We thank them for their service.

1:58:53Christine King

The answer is always, it depends.

1:58:54Damian Pardo

That was good banter from you guys for them.

1:59:01 – 1:59:13Christine King

That shall conclude the City of Miami Commission for June 11, 2025. We're going to flip the tape and get into our two CRA meetings scheduled.

1:59:13Speaker 17

Would you like to start with Omni first?

1:59:15Christine King

I have no, I don't know.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.