HomeMy WebLinkAboutCC 2020-05-28 AgendaCity of Miami
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Meeting Agenda
Thursday, May 28, 2020
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Keon Hardemon, Chair, District Five
Ken Russell, Vice Chair, District Two
Alex Diaz de la Portilla, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission Meeting Agenda May 28, 2020
ANY PERSON WHO IS A LOBBYIST PURSUANT TO CHAPTER 2, ARTICLE VI OF THE CITY CODE
MUST REGISTER WITH THE CITY CLERK AND COMPLY WITH RELATED CITY REQUIREMENTS
FOR LOBBYISTS PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,
BOARDS, COMMITTEES, AND THE CITY COMMISSION. A COPY OF THE CITY CODE SECTION IS
AVAILABLE AT THE OFFICE OF THE CITY CLERK OR ONLINE AT WWW.MUNICODE.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 THIS CITY CODE SECTION IS AVAILABLE AT THE OFFICE OF
THE CITY CLERK OR ONLINE AT WWW.MUNICODE.COM.
PURSUANT TO SECTION 4(G)(5) OF THE CITY CHARTER, THE MAYOR MAY VETO CERTAIN ITEMS
APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE
COMMISSION ACTION. THE CITY COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH
VETO BY A FOUR-FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT.
ANY PERSON MAKING OFFENSIVE REMARKS OR WHO BECOMES UNRULY IN THE 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 A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO
SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING
THE COMMISSION CHAMBER SHALL DO SO QUIETLY.
THE MATERIAL FOR EACH ITEM ON THE AGENDA IS AVAILABLE DURING BUSINESS HOURS AT THE
OFFICE OF THE CITY CLERK AND ON-LINE, 24 HOURS A DAY, AT WWW. MIAMIGOV.COM.
ANY PERSON MAY BE HEARD BY THE CITY COMMISSION, THROUGH THE CHAIR FOR NOT MORE
THAN TWO MINUTES, ON ANY PROPOSITION BEFORE THE CITY COMMISSION UNLESS MODIFIED BY
THE CHAIR. IF THE PROPOSITION IS BEING CONTINUED OR RESCHEDULED, THE OPPORTUNITY TO
BE HEARD MAY BE AT SUCH LATER DATE, BEFORE THE CITY COMMISSION TAKES ACTION ON
SUCH PROPOSITION. THE CHAIR WILL ADVISE THE PUBLIC WHEN THE PUBLIC MAY HAVE THE
OPPORTUNITY TO ADDRESS THE CITY COMMISSION DURING THE PUBLIC COMMENT PERIOD OR AT
ANY OTHER DESIGNATED TIME.
* * * * * * * * * * * * * * * * * *
ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION FOR ANY MATTER
CONSIDERED AT THIS MEETING MAY NEED A VERBATIM RECORD OF THE ITEM. A VIDEO OF THIS
MEETING MAY BE REQUESTED AT THE DEPARTMENT OF COMMUNICATIONS OR VIEWED ONLINE
AT WWW.MIAMIGOV.COM. ANY PERSON WITH A DISABILITY REQUIRING ASSISTANCE, AUXILIARY
AIDS, AND SERVICES FOR MEETINGS MAY NOTIFY THE OFFICE OF THE CITY CLERK.
* * * * * * * * * * * * * * * * * * * *
THE LUNCH RECESS WILL BEGIN AT THE CONCLUSION OF DELIBERATION OF THE AGENDA ITEM
BEING CONSIDERED AT NOON. THE MEETING WILL END EITHER AT THE CONCLUSION OF THE
DELIBERATION OF THE AGENDA ITEM BEING CONSIDERED AT 10:00 P.M. OR AT THE CONCLUSION
OF THE REGULARLY SCHEDULED AGENDA, WHICHEVER OCCURS FIRST. THIS RULE DOES NOT
APPLY WHEN THE CITY COMMISSION IS ENGAGED IN ITS ANNUAL BUDGET HEARINGS
(ORDINANCE 12586).
City of Miami Page 2 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
PART A - NON -PLANNING AND ZONING ITEMS)
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AMA City Commission Planning and Zoning of January 23, 2020 9:00 AM
AM.2 City Commission City Commission Meeting of February 13, 2020 9:00 AM
MV - MAYORAL VETO(ES)
(Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be
placed by the city clerk as the first substantive item(s) for the commission consideration.)
END OF MAYORAL VETO(ES)
City of Miami Page 3 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
CA - CONSENT AGENDA
Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items
CA.1 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require
additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted
unanimously by the following motion.
"...that the Consent Agenda comprised of items CA.1 be adopted..."
The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items
included in the Consent Agenda is taken, is there anyone present who is an objector or proponent
that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption
of the Consent Agenda will now betaken."
CAA
RESOLUTION
7374
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
Resilience and Public
MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS OF
Works
DEDICATION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED ("DEEDS"), FOR HIGHWAY
PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION
OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO
RETAIN COPIES OF THE DEEDS.
END OF CONSENT AGENDA
City of Miami Page 4 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
PH - PUBLIC HEARINGS
PH.1 RESOLUTION
6684 MAY BE WITHDRAWN
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND
FINDINGS, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT
"A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI
("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE
PROVISION OF THE SERVICES AS DESCRIBED BELOW; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE
RECOMMENDATIONS AND FINDINGS OF THE CITY'S DEPARTMENT OF
PARKS AND RECREATION AND DEPARTMENT OF REAL ESTATE AND
ASSET MANAGEMENT, AS MORE SPECIFICALLY DETAILED IN
COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED, THAT
SHAKE -A -LEG MIAMI, INC. A FEDERAL NOT-FOR-PROFIT
CORPORATION UNDER SECTION 501(C)(3) OF THE INTERNAL
REVENUE CODE AND A FLORIDA NOT-FOR-PROFIT CORPORATION
("SHAKE -A -LEG"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO
PROVIDE INSTRUCTION, PROGRAMS, RECREATIONAL, AND LEARNING
OPPORTUNITIES INVOLVING SAILING, NAVIGATION REGULATIONS,
WATER SAFETY, AND OTHER ALLIED SUBJECTS TO PERSONS WITH
DISABILITIES, YOUTH GROUPS, AND THE GENERAL PUBLIC AND
PROGRAM MANAGEMENT, FAMILY EVENTS, CULTURAL,
EDUCATIONAL, AND RECREATIONAL ACTIVITIES (COLLECTIVELY,
"SERVICES") AT THE CITY'S WATERFRONT RECREATION CENTER AND
PARK PORTION OF THE VIRRICK GYM ADMINISTRATION BUILDING
AND HANGAR BUILDING AT THE CITY -OWNED PROPERTY LOCATED
AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA AND A PORTION
OF THE DINNER KEY PICNIC ISLANDS AND SUBMERGED LANDS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PARKS AND RECREATION SERVICES IRS SAFE HARBOR
MANAGEMENT AGREEMENT FOR ONGOING COMPLIANCE WITH
PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED ("IRS CODE"), AND CERTAIN UNITED STATES TREASURY
REGULATIONS PROMULGATED THEREUNDER ("U.S. TREASURY
REGULATIONS"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
AND BOND COUNSEL, WITH SHAKE -A -LEG TO CONTINUE THE
SERVICES AND MANAGEMENT FOR A CONTRACT PERIOD NOT TO
EXCEED FIVE (5) YEARS; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE, IN FORM ACCEPTABLE TO
THE CITY ATTORNEY AND BOND COUNSEL, SUCH FURTHER
AMENDMENTS, ALTERATIONS, VARIATIONS, MODIFICATIONS, OR
WAIVERS THAT DO NOT EXCEED THE AMOUNT PAYABLE AND DO NOT
CHANGE THE LENGTH OF THE EFFECTIVE TERM WITH RENEWALS IN
ORDER TO COMPLY WITH IRS CODE, U.S. TREASURY REGULATIONS,
U.S. DEPARTMENT OF INTERIOR REQUIREMENTS, AND STATE OF
FLORIDA SUBMERGED LANDS LEASE PROVISIONS.
SPONSOR(S): Commissioner Ken Russell
City of Miami Page 5 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
History:
11/21/19 City Commission INDEFINITELY DEFERRED Next:
05/28/20
RESULT:
INDEFINITELY DEFERRED [UNANIMOUS] Next:
5/28/2020 9:00 AM
MOVER:
Joe Carollo, Commissioner, District Three
SECONDER:
Manolo Reyes, Commissioner, District Four
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
City of Miami Page 6 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
PH.2
RESOLUTION
7443
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department ofReai
ATTACHMENT(S) ,PURSUANT TO CITY OF MIAMI CHARTER
Estate and Asset
("CHARTER") SECTION 29-B(C), AUTHORIZING THE CITY MANAGER
Management
TO EXECUTE A GRANT OF EASEMENT ("EASEMENT'), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE WATER
AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA ("WASD"), FOR A PERPETUAL, NON-EXCLUSIVE
EASEMENT OF APPROXIMATELY TWO HUNDRED FIFTY-ONE (251)
SQUARE FEET OF CITY OF MIAMI ("CITY') OWNED PROPERTY
KNOWN AS THE GROVE BAY PARKING GARAGE, IDENTIFIED AS
FOLIO NUMBER 01-4122-002-0010, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR WASD TO
CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN,
RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND INSPECT
WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL
APPURTENANCES THERETO, INCLUDING BUT NOT LIMITED TO,
FIRE HYDRANTS, SEWAGE TRANSMISSION AND COLLECTION
FACILITIES, AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT,
PRIVILEGE, AND EASEMENT SHALL INCLUDE THE RIGHT TO
REMOVE OR DEMOLISH, AS MAY BE NECESSARY TO CARRY OUT
ANY RIGHT GRANTED THEREIN, WITH THE FULL RIGHT OF
INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE EASEMENT;
CONTAINING A REVERTER PROVISION IF THE EASEMENT IS
ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO
SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID
EASEMENT.
END OF PUBLIC HEARINGS
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City Commission Meeting Agenda May 28, 2020
RE - RESOLUTIONS
RE.1
RESOLUTION
7371
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Management
ATTACHMENT(S), DE -APPROPRIATING, RE -APPROPRIATING,
and Budget
ADJUSTING, AND AMENDING TRANSFERS -IN, TRANSFERS -OUT,
FUNDING ROLL-OVERS, AND APPROPRIATIONS RELATING TO THE
GENERAL FUND, DEBT SERVICE FUND, AND SPECIAL REVENUE
FUNDS FOR THE CITY OF MIAMI ("CITY") 2019-20 FISCAL YEAR
ADOPTED OPERATING BUDGET PURSUANT TO ORDINANCE NO.
13861 ADOPTED SEPTEMBER 26,2019; AUTHORIZING THE CITY
MANAGER TO ACCEPT, NEGOTIATE AND EXECUTE GRANT AND
FUNDING AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN CONNECTION WITH (A) INCOMING GRANTS AND
APPROPRIATIONS TO THE CITY FROM VARIOUS FUNDING
SOURCES, AND (B) CERTAIN CITY GRANTS OUTGOING TO
COMMUNITY SERVICES PARTNERS BUDGETED IN THE NON -
DEPARTMENTAL ACCOUNT SCHEDULE AND THE TRANSFERS -OUT
SCHEDULE; AUTHORIZING THE CREATION OF THE PENSION
STABILIZATION FUND FOR THE CITY'S FIREFIGHTERS' AND POLICE
OFFICERS' RETIREMENT TRUST AND AUTHORIZING THE
GOVERNANCE THEREOF ALL IN ACCORDANCE CHAPTER 40 OF
THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"),
RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY
ACTIONS OF THE CITY MANAGER AND DESIGNATED
DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL
CONTROLS, CREATE NECESSARY SPECIAL REVENUE FUND
ACCOUNTS, AND UNDERTAKE PROJECT CLOSE-OUTS,
ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN
CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS, ALL
IN ACCORDANCE WITH CHAPTER 18 OF THE CITY CODE
REGARDING FINANCIAL PRINCIPLES, THE ANTI -DEFICIENCY ACT,
AND THE FINANCIAL INTEGRITY PRINCIPLES; AND PROVIDING FOR
APPLICABLE EFFECTIVE DATES.
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City Commission Meeting Agenda May 28, 2020
RE.2
RESOLUTION
7372
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Management
ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE CITY OF
and Budget
MIAMI ("CITY") FISCAL YEAR 2019-20 MULTI-YEAR CAPITAL PLAN
ADOPTED WITH MODIFICATIONS ON SEPTEMBER 26, 2019
PURSUANT TO RESOLUTION NO. 19-0374, AND AS SUBSEQUENTLY
AMENDED ON DECEMBER 12, 2019 PURSUANT TO RESOLUTION
NO. 19-0506, AND ON FEBRUARY 13, 2020 PURSUANT TO
RESOLUTION NO. 20-0044; REVISING CURRENT APPROPRIATIONS
AMONG APPROVED PROJECTS; FURTHER APPROPRIATING, AND
RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED
PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN
NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED
CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT
FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN
CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS.
RE.3 RESOLUTION
7462 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A SPECIAL
MUNICIPAL ELECTION CONCURRENT WITH THE PRIMARY
ELECTION ON AUGUST 18, 2020, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE THE FOLLOWING STRAW
BALLOT QUESTION, WHICH SHALL HAVE NO BINDING OR
OBLIGATORY EFFECT, TO BE KNOWN AS STRAW BALLOT
QUESTION NO. 1: "WOULD YOU SUPPORT REQUIRING THE MIAMI-
DADE COUNTY MAYOR WHO HAS AUTHORITY OVER THE MIAMI-
DADE COUNTY AVIATION DEPARTMENT TO START A PROGRAM TO
SCREEN ALL PASSENGERS ARRIVING AT MIAMI INTERNATIONAL
AIRPORT FOR THE COVID-19 VIRUS UNTIL THE DECLARED STATE
OF EMERGENCY EXPIRES?"; CALLING FOR A STRAW BALLOT
SPECIAL ELECTION AND PROVIDING THAT THE STRAW BALLOT
QUESTION SHALL BE SUBMITTED TO THE ELECTORATE AT THE
SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE
PRIMARY ELECTION ON AUGUST 18,2020; DESIGNATING AND
APPOINTING THE CITY CLERK ("CLERK") AS THE OFFICIAL
REPRESENTATIVE OF THE COMMISSION WITH RESPECT TO THE
USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER
DIRECTING THE CLERK TO CAUSE A CERTIFIED COPY OF THE
HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF
ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN
FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL
ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS
RESOLUTION.
SPONSOR(S): Commissioner Joe Carollo
END OF RESOLUTIONS
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City Commission Meeting Agenda May 28, 2020
EM - EMERGENCY ORDINANCES
EMA ORDINANCE Emergency Ordinance
7444 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY
City Manager's Office COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
RETROACTIVELY TOLLING AND SUSPENDING ALL APPLICABLE
DEADLINES AND TIME PERIODS PRESCRIBED IN THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS
WELL AS RESOLUTION NO. R-20-0015 RELATING TO THE MIAMI 21
REPORT AD HOC TASKFORCE, INCLUDING BUT NOT LIMITED TO,
DEADLINES AND TIME PERIODS PERTAINING TO PUBLIC
HEARINGS AND DECISIONS MADE BY LEGISLATIVE BODIES,
QUASI-JUDICIAL BODIES, ZONING ADMINISTRATORS, THE
DIRECTOR OF PLANNING, THE BUILDING DIRECTOR, THE
BUILDING OFFICIAL, OR OTHER CITY OF MIAMI OFFICIALS,
INCLUDING EXPIRATION DATES FOR UTILIZATION OF EXISTING
APPROVALS FOR THE DURATION OF THE LOCAL STATE OF
EMERGENCY DECLARED BY MAYOR FRANCIS X. SUAREZ ON
MARCH 12, 2020 PURSUANT TO THE AUTHORITY GRANTED TO
MUNICIPALITIES BY SECTIONS 252.38, ET SEQ., AND 501.160,
FLORIDA STATUTES, AND EXECUTIVE ORDER NUMBER 20-114
EXTENDING EXECUTIVE ORDER 20-52 PROMULGATED BY
GOVERNOR RON DESANTIS ON MARCH 9, 2020, MORE
SPECIFICALLY, SECTION (4)(D)(1) WHICH PROVIDES THAT EACH
MUNICIPALITY IN THE STATE OF FLORIDA IS AUTHORIZED TO
WAIVE THE PROCEDURES AND FORMALITIES OTHERWISE
REQUIRED OF THE POLITICAL SUBDIVISION BY LAW PERTAINING
TO THE TAKING OF WHATEVER PRUDENT ACTION IS NECESSARY
TO ENSURE THE PUBLIC'S HEALTH, SAFETY, AND WELFARE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.
EM.2
ORDINANCE Emergency Ordinance
7442
(4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY
Office of the City
COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
Attorney
TEMPORARILY MODIFYING CERTAIN SCHEDULING, PROCEDURAL
REQUIREMENTS, AND TIMING REQUIREMENTS UNDER SECTION 2-
32(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AND THE MANNER AND REQUIREMENT THAT ANY
PARTIES AND PARTICIPANTS, INCLUDING MEMBERS OF THE
GENERAL PUBLIC, ARE SWORN IN FOR ANY PLANNING AND
ZONING ITEMS AND QUASI-JUDICIAL HEARINGS DURING THE
DECLARED LOCAL STATE OF EMERGENCY FOR THE NOVEL
CORONAVIRUS ("COVID-19") PANDEMIC; MAKING NECESSARY
FINDINGS; PROVIDING FOR AN EXPIRATION DATE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
END OF EMERGENCY ORDINANCES
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City Commission Meeting Agenda May 28, 2020
SR - SECOND READING ORDINANCE
SRA ORDINANCE Second Reading
7338 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "FLOOD DAMAGE PREVENTION;" MORE PARTICULARLY, BY AMENDING
SECTIONS 20-1, TITLED "DEFINITIONS," SECTION 20-3, TITLED "DEVELOPMENT
IN EITHER SPECIAL FLOOD HAZARD AREAS, OR NONSPECIAL FLOOD HAZARD
AREAS," AND SECTION 20-4, TITLED "DEVELOPMENT WITHIN SPECIAL FLOOD
HAZARD AREAS", TO CODIFY THE NORTH AMERICAN VERTICAL DATUM OF
1988 ("NAVD 88") AS THE APPLICABLE VERTICAL DATUM FOR THE PURPOSE
OF ADMINISTERING THE CITY OF MIAMI'S ("CITY") FLOOD DAMAGE
PREVENTION REGULATIONS; FURTHER AMENDING CHAPTER 29 OF THE CITY
CODE, TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" MORE
PARTICULARLY, BY AMENDING SECTION 29-81, TITLED "DEFINITIONS,"
SECTION 29-82, TITLED "PURPOSE OF ARTICLE," SECTION 29-83, TITLED
"PERMITS FOR WATERFRONT IMPROVEMENTS—REQUIRED," SECTION 29-84,
TITLED "SAME—APPLICATION", SECTION 29-89, TITLED "DESIGN," SECTION 29-
91, TITLED "CONSTRUCTION," SECTION 29-92, TITLED "MATERIALS," SECTION
29-93, TITLED "REVIEW OF PLANS; DUTY TO INSPECT," SECTION 29-94, TITLED
"PROCEDURE FOR INSPECTIONS," AND SECTION 29-95, TITLED
"MAINTENANCE," TO ESTABLISH NEW STANDARDS FOR THE CONSTRUCTION,
RECONSTRUCTION, AND REPAIR OF SEAWALLS AND BULKHEADS;
ESTABLISHING A NEW MINIMUM HEIGHT OF SIX FEET (6) NAVD 88 FOR NEW
AND RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE; PROVIDING
FOR A VARIANCE PROCEDURE FOR SUCH ELEVATION REQUIREMENT;
PROVIDING FORA DEFINITION AND PERMITTING CONSTRUCTION OF LIVING
SHORELINES; IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS TO
MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIRAND TO PREVENT
TIDAL WATERS FROM FLOWING OVER OR THROUGH SUBSTANDARD OR
DAMAGED SEAWALLS OR BULKHEADS TO ADJACENT PROPERTIES AND
PUBLIC RIGHTS-OF-WAY; PROVIDING FOR ENHANCED PENALTIES FOR
PROPERTY OWNERS THAT FAIL TO DO THE SAME; PROVIDING FOR A WAIVER
OF FEES FOR RECONSTRUCTION OF SUBSTANDARD OR DAMAGED SEAWALLS
UPON FURNISHING OF PROOF OF FINANCIAL HARDSHIP; PROVIDING FOR
COMPLETE MITIGATION OF CODE COMPLIANCE FINES FOR PROPERTY
OWNERS WITH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS
FOUND TO BE IN VIOLATION THAT UNDERTAKE STEPS TO CORRECT THOSE
VIOLATIONS WITHIN THE TIMEFRAME FOUND HEREIN; CREATING A NEW
SUBSTANTIAL REPAIR THRESHOLD THAT PROVIDES FOR SEAWALLS AND
BULKHEADS TO BE RECONSTRUCTED TO PRESENT SPECIFICATIONS
PROMULGATED BY THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS
UNDER CERTAIN QUALIFYING CIRCUMSTANCES; MODIFYING THE MINIMUM
REQUIREMENTS AND INFORMATION REQUIRED FOR PERMITS IN CONNECTION
WITH THE CONSTRUCTION, REPAIR, AND RECONSTRUCTION OF SEAWALLS
AND BULKHEADS; AND PROVIDING FOR THE COMPLETE MITIGATION OF FINES
FOR VIOLATIONS RELATED TO THE DISREPAIR OF SUCH IMPROVEMENTS
UPON ADHERENCE TO CERTAIN PRESCRIBED TIMEFRAMES; FURTHER
AMENDING CHAPTER 54/SECTION 54-46 OF THE CITY CODE, TITLED "STREETS
AND SIDEWALKS/AGREEMENT AND BOND AS TO PAVING AND OTHER
IMPROVEMENTS BY PERSONS SUBMITTING PLATS, REPLATS, ETC., TO
COMMISSION," TO ESTABLISH A NEW MINIMUM HEIGHT OF SIX FEET (6) NAVD
88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS FOR
APPLICABLE PROPERTIES SUBMITTED TO THE CITY'S EXISTING PLATTING
PROCESS; CONTAINING ASEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo
Reyes
City of Miami Page 11 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
History
04/23/20 City Commission PASSED ON FIRST READING Next:
05/28/20
RESULT: PASSED ON FIRST READING [UNANIMOUS] Next:
5/28/2020 9:00 AM
MOVER: Ken Russell, Vice Chair, District Two
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
I
END OF SECOND READING ORDINANCE
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City Commission Meeting Agenda May 28, 2020
FR - FIRST READING ORDINANCES
Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as
an emergency measure upon being so determined by the City Commission.
FRA ORDINANCE First Reading
7440 AN ORDINANCE OF THE MIAMI COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 25, "HUMAN RELATIONS;"
MORE PARTICULARLY, BY CREATING ARTICLE II, TITLED "LARGE
GROUP FEEDINGS," AND CREATING SECTION 25-25, TITLED
"REGULATIONS FOR STREET AND PUBLIC LARGE GROUP
FEEDINGS," TO CREATE REGULATIONS FOR THE USE OF CITY OF
MIAMI STREETS AND PUBLIC SPACES FOR LARGE GROUP
FEEDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner Joe
Carollo
FR.2 ORDINANCE First Reading
7461 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS;"
MORE PARTICULARLY BY AMENDING SECTION 55-10, TITLED
"BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS,"
AND SECTION 55-14, TITLED "ENCROACHMENTS ON OR IN RIGHTS-
OF-WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR
EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," BY MODIFYING
THE CITY OF MIAMI'S ("CITY") PLATTING REGULATIONS TO MODIFY
WHEN A BUILDING PERMIT AND TEMPORARY CERTIFICATE OF
OCCUPANCY MAY BE ISSUED DURING THE PLATTING PROCESS;
ALLOWING THE ISSUANCE OF A TEMPORARY CERTIFICATE OF
OCCUPANCY FOR THOSE PROPERTIES THAT HAVE RECEIVED
APPROVAL FROM THE CITY COMMISSION FOR ENCROACHMENTS
INTO PLATTED EASEMENTS AND CREATING A SUNSET DATE
AFTER WHICH SUCH APPROVALS MAY NOT BE SOUGHT; FURTHER
MODIFYING THE CITY'S PLATTING EXCEPTIONS TO CLARIFY
WHEN A BUILDING PERMIT MAY BE OBTAINED FOR A ONE -FAMILY
DETACHED DWELLING AND CUSTOMARY ACCESSORY BUILDINGS
ON A PLATTED LOT OF RECORD THAT HAS BEEN DIVIDED;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Alex Diaz de la Portilla
END OF FIRST READING ORDINANCES
City of Miami Page 13 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
BU -BUDGET
BU.1 DISCUSSION ITEM
6742 MONTHLY REPORT
Office of Management I SECTION 2-497 OF THE CITY CODE OF ORDINANCES
and Budget (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
BUDGET)
II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
END OF BUDGET
City of Miami Page 14 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
BC - BOARDS AND COMMITTEES
BCA RESOLUTION
7360 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
Office of the INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
City Clerk PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES/CATEGORIES: NOMINATED BY:
Commissioner Alex Diaz de la
Portilla
(Citizen — Category 7)
Commissioner Alex Diaz de la
Portilla
(Arch itect/Arch itectu ra I Historian -
Category 4)
Commissioner Ken Russell
(Real Estate Broker — Category 5)
Commissioner Ken Russell
(Citizen — Category 7)
Commissioner Joe Carollo
(Historian/Architectural Historian -
Category 3)
Commissioner Joe Carollo
(Business and Finance or Law —
Category 6)
Commissioner Manolo Reyes
(Architect — Category 1)
Commissioner Manolo Reyes
(Alternate in Business and Finance or
Law —
Category 8)
Commissioner Keon Hardemon
(Citizen — Category 7)
Commissioner Keon Hardemon
(Landscape Architect — Category 2)
City of Miami Page 15 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
History
x04/09/20 City Commission NO ACTION TAKEN Next: 05/14/20
1RESULT: NO ACTION TAKEN Next: 5/14/2020 9:00 AM
05/14/20 City Commission NO ACTION TAKEN Next: 05/28/20
RESULT: NO ACTION TAKEN Next: 5/28/2020 9:00 AM
END OF BOARDS AND COMMITTEES
City of Miami Page 16 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
DI - DISCUSSION ITEM
D1.1 DISCUSSION ITEM
6417 MAY BE DEFERRED
Department of Real
Estate and Asset A DISCUSSION ITEM, TO BE HEARD BY THE MIAMI CITY
Management COMMISSION, REVIEWING THE ADMINISTRATION'S FINDINGS,
RELATED TO OLYMPIA THEATER'S FUTURE OPERATION, WHICH
MAY INCLUDE, WITHOUT LIMITATION, PARTNERING WITH MIAMI-
DADE COLLEGE; RELEASING A REQUEST FOR PROPOSALS; OR,
SOME COMBINATION THEREOF.
History
09/12/19 City Commission DEFERRED Next: 10/24/19
RESULT: DEFERRED [UNANIMOUS] Next: 10/24/2019 9:00 AM
MOVER: Joe Carollo, Commissioner, District Three
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Russell, Gort, Carollo, Reyes, Hardemon
10/24/19 City Commission CONTINUED Next: 11/21/19
RESULT:
CONTINUED [UNANIMOUS] Next: 11/21/2019 9:00 AM
MOVER:
Manolo Reyes, Commissioner, District Four
SECONDER:
Ken Russell, Vice Chair, District Two
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
11/21/19 City Commission INDEFINITELY DEFERRED Next:
05/28/20
RESULT:
INDEFINITELY DEFERRED [UNANIMOUS] Next:
5/28/2020 9:00 AM
MOVER:
Joe Carollo, Commissioner, District Three
SECONDER:
Manolo Reyes, Commissioner, District Four
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
END OF DISCUSSION ITEM
City of Miami Page 17 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
PART B: PZ - PLANNING AND ZONING ITEM(S)
Planning and Zoning matters may be heard at any time, except for of 1) ordinances changing the list
of uses, and 2) ordinances requesting zoning changes of ten (10) acres or more. These two types of
requests shall be heard after 5:00 PM. At the beginning of the meeting, the Presiding Officer will
announce the Planning and Zoning items that shall be heard after 5:00 PM, if any.
PZ.1 ORDINANCE First Reading
5310 MAY BE DEFERRED
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY,
BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF
TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -
INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING
ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE
MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM
SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES
INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW
MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS,
PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR
BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN
INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT, AND TO PERMIT
AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS
ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY
PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL;
CLARIFYING LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken
Russell
APPLICANT(S): Arthur Noriega, V, City Manager on behalf of the City of
Miami
PURPOSE: This will amend Article 1, Section 1.2 of Miami 21 modifying
definitions for Attainable Mixed -Income Housing and Workforce Housing;
and amend Article 3, Section 3.15, to add incentives such as additional
FLR and smaller unit sizes for affordable housing projects comprised of
Workforce Housing units and Affordable Housing units, and to permit
Affordable and Attainable Mixed -Income developments abutting a T3
Transect Zone by process of Exception with City Commission Approval.
This will also clarify existing language within the ordinance.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval
on November 7, 2018, by a vote of 9-0.
Note for the Record: 60 -day Public Comment Period: January 1, 2019
- March 1, 2019
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City Commission Meeting Agenda May 28, 2020
History:
01/10/19 City Commission NO ACTION TAKEN
RESULT: NO ACTION TAKEN
03/28/19 City Commission CONTINUED Next: 04/25/19
RESULT:
CONTINUED [UNANIMOUS] Next: 4/25/2019 9:00 AM
MOVER:
Manolo Reyes, Commissioner, District Four
SECONDER:
Keon Hardemon, Chair, District Five
AYES:
Ken Russell, Manolo Reyes, Keon Hardemon
ABSENT:
Wifredo (Willy) Gort, Joe Carollo
04/25/19 City Commission DEFERRED Next: 05/09/19
RESULT: DEFERRED [UNANIMOUS] Next: 5/9/2019 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Ken Russell, Wifredo (Willy) Gort, Manolo Reyes, Keon
Hardemon
ABSENT: Joe Carollo
05/09/19 City Commission DEFERRED Next: 05/23/19
RESULT:
DEFERRED [UNANIMOUS] Next: 5/23/2019 9:00 AM
MOVER:
Joe Carollo, Commissioner, District Three
SECONDER:
Manolo Reyes, Commissioner, District Four
AYES:
Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo
Reyes
ABSENT:
Keon Hardemon
05/23/19 City Commission DEFERRED Next: 06/13/19
RESULT:
MOVER:
SECONDER
AYES:
ABSENT:
06/13/19 City Commission CONTINUED Next: 07/11/19
DEFERRED [UNANIMOUS] Next: 6/13/2019 9:00 AM
Wifredo (Willy) Gort, Commissioner
Ken Russell, Vice Chair, District Two
Ken Russell, Wifredo (Willy) Gort, Keon Hardemon
Joe Carollo, Manolo Reyes
RESULT:
CONTINUED [UNANIMOUS] Next: 7/11/2019 9:00 AM
MOVER:
Joe Carollo, Commissioner, District Three
SECONDER:
Manolo Reyes, Commissioner, District Four
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
07/11/19 City Commission CONTINUED Next: 09/12/19
RESULT:
CONTINUED [UNANIMOUS] Next: 9/12/2019 9:00 AM
MOVER:
Manolo Reyes, Commissioner, District Four
SECONDER:
Joe Carollo, Commissioner, District Three
AYES:
Russell, Gort, Carollo, Reyes, Hardemon
City of Miami Page 19 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
09/12/19 City Commission INDEFINITELY DEFERRED Next:
03/12/20
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
3/12/2020 9:00 AM
MOVER: Joe Carollo, Commissioner, District Three
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Ken Russell, Joe Carollo, Manolo Reyes, Keon Hardemon
ABSENT: Wifredo (Willy) Gort
03/12/20 City Commission DEFERRED Next: 05/28/20
RESULT: DEFERRED [UNANIMOUS] Next: 5/28/2020 9:00 AM
MOVER: Joe Carollo, Commissioner, District Three
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
END OF PLANNING AND ZONING ITEM(S)
City of Miami Page 20 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
FL - FUTURE LEGISLATION
Pursuant to Resolution R-16-0303, any amendment to the City of Miami Code, or Text
Amendment to the Miami 21 Code, sponsored or co-sponsored by the City Administration shall
be published at least sixty (60) days prior to First Reading for public comment in the "Future
Legislation" section of the City Commission agenda. Items placed in the Future Legislation
section shall require no action from the City Commission.
The public may submit their comments to futurelegislation(0)-miamigov.com Comments shall be
accepted through the period indicated under each Ordinance. Once the public comment period
has closed, said public comments shall be included as supporting documentation to the
legislation. The public comment period shall re -open for fifteen (15) days for additional public
comment after the proposed amendment is published after first reading.
(Under Florida law, e-mail addresses are public records. If you do not want your e-mail
address released in response to a public records request or published pursuant to
Resolution R-16-0303, do not send electronic mail to this entity. Instead, contact the City
Commission or City Administration by phone or in writing.)
FL.1
ORDINANCE
7294
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI,
"ZONING
Planning
FLORIDA, AS AMENDED, ENTITLED AND PLANNING FEES,"
MORE PARTICULARLY BY AMENDING SECTION 62-22 ENTITLED
"SCHEDULE OF FEES", SECTION 62-23 ENTITLED "REQUEST FOR
REVIEW AND APPEAL," AND SECTION 62-25 ENTITLED "WAIVER OF
FEES,", TO PROVIDE CLARIFICATION ON PLANNING AND ZONING
APPEAL FEES, TO CAP CERTAIN PLANNING AND ZONING APPEAL
FEES, AND PROVIDE FOR A REFUND PROCEDURE OF APPEAL
FEES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Note for the Record: 60 -day Public Comment Period: May 19, 2020
through July 17, 2020
City of Miami Page 21 Printed on 5/19/2020
City Commission Meeting Agenda May 28, 2020
FL.2
ORDINANCE
7291
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
Planning
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN
§163.3184, FLORIDA STATUTES, BY ADDING TWO POLICIES TO THE
FUTURE LAND USE ELEMENT AND AMENDING THE
INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR
INDUSTRIAL LAND USE TO ALLOW HOTEL USES IN CITY LAND
DESIGNATED AS INDUSTRIAL; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Note for the Record: 60 -day Public Comment Period: May 19, 2020
through July 17, 2020
END OF FUTURE LEGISLATION
City of Miami Page 22 Printed on 5/19/2020