HomeMy WebLinkAboutCC 2020-05-28 Marked AgendaCity Commission Marked Agenda May 28, 2020
City Hall
City of Miami
3500 Pan American Drive
Miami, FL 33133
https://miamifl.iqm2.com
Marked Agenda
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 Méndez, City Attorney
Todd B. Hannon, City Clerk
Thursday, May 28, 20209:00 AMCity Hall
9:00 AMINVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla,
Commissioner Carollo and Commissioner Reyes.
On the 28th day of May, 2020, the City Commission of the City of Miami, Florida, conducted
and broadcasted a virtual meeting from its regular meeting place in City Hall, 3500 Pan
American Drive, Miami, Florida, in regular session. The Commission Meeting was called to
order by Chair Hardemon at 9:04a.m.,and adjourned at 1:06p.m.
Note for the Record: Commissioner Reyes joined the virtual meeting at 9:15 a.m., and
CommissionerCarollo joined the virtual meeting at 10:56a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Méndez, City Attorney
Todd B. Hannon, City Clerk
PART A -NON-PLANNING AND ZONING ITEM(S)
ORDER OF THE DAY
PUBLIC COMMENTS FOR ALL ITEM(S)
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7486DISCUSSION ITEM
Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
ClerkPUBLIC FOR THE MAY 28, 2020 VIRTUAL CITY COMMISSION
MEETING.
RESULT:PRESENTED
AM -APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1City Commission -Planning and Zoning -Jan 23, 2020 9:00 AM
MOTION TO:Approve
RESULT:APPROVED
MOVER:Manolo Reyes, Commissioner
SECONDER:Keon Hardemon, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
AM.2City Commission -City Commission Meeting -Feb 13, 2020 9:00 AM
MOTION TO:Approve
RESULT:APPROVED
MOVER:Manolo Reyes, Commissioner
SECONDER:Keon Hardemon, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
MV -MAYORAL VETO(ES)
NO MAYORAL VETOES
(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 City Commission consideration.)
END OF MAYORAL VETO(ES)
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CA -CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO:Adopt
RESULT:ADOPTED
MOVER:Manolo Reyes, Commissioner
SECONDER:Keon Hardemon, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
CA.1RESOLUTION
7374
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
Department of
MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS OF
Resilienceand
DEDICATION, AS MORE PARTICULARLY DESCRIBED IN
Public Works
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.
ENACTMENT NUMBER: R-20-0159
This matter was ADOPTED on the Consent Agenda.
END OF CONSENT AGENDA
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PH-PUBLIC HEARINGS
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PH.1RESOLUTION
6684MAY BE WITHDRAWN
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS)
and Mayor
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING,AND CONFIRMING
THE CITY MANAGER'S RECOMMENDATIONS AND
FINDINGS, ATTACHED ANDINCORPORATEDAS
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 CITYOF MIAMI, FLORIDA, AS
AMENDED (“CITY CODE”), FOR THE PROVISION OFTHE
SERVICES AS DESCRIBED BELOW;WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES;APPROVING
THE RECOMMENDATIONS AND FINDINGS OFTHE
CITY’S DEPARTMENT OF PARKS AND RECREATION AND
DEPARTMENT OF REAL ESTATE AND ASSET
MANAGEMENT, AS MORE SPECIFICALLY DETAILEDIN
COMPOSITE EXHIBIT “A,” ATTACHED AND
INCORPORATED, THAT SHAKE-A-LEG MIAMI, INC. A
FEDERAL NOT-FOR-PROFIT CORPORATION UNDER
SECTION 501(C)(3) OFTHE INTERNAL REVENUE CODE
AND A FLORIDA NOT-FOR-PROFIT CORPORATION
(“SHAKE-A-LEG”), IS THE MOST QUALIFIEDFIRM 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, FLORIDAAND
A PORTION OF THE DINNER KEY PICNIC ISLANDS AND
SUBMERGED LANDS; AUTHORIZING THE CITY
MANAGER TO NEGOTIATEAND EXECUTE A PARKSAND
RECREATION SERVICES IRS SAFE HARBOR
MANAGEMENT AGREEMENT FOR ONGOING
COMPLIANCE WITH PROVISIONS OFTHE 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 ATTORNEYAND 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
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FORM ACCEPTABLE TO THE CITY ATTORNEY AND
BOND COUNSEL, SUCH FURTHERAMENDMENTS,
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.
MOTION TO:Indefinitely Defer
RESULT:INDEFINITELY DEFERRED
MOVER:Manolo Reyes, Commissioner
SECONDER:Ken Russell, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
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PH.2RESOLUTION
7443A RESOLUTION OF THE MIAMI CITY COMMISSION,WITH
ATTACHMENT(S) ,PURSUANT TO CITY OF MIAMI CHARTER
Department of Real
("CHARTER") SECTION 29-B(C), AUTHORIZING THE CITY
Estate and Asset
MANAGER TO EXECUTE A GRANT OF EASEMENT
Management
(“EASEMENT”), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO MIAMI-DADE WATER AND SEWER
DEPARTMENT, A POLITICAL SUBDIVISIONOF 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 EASEMENTSHALL INCLUDE THE RIGHT TO REMOVE OR
DEMOLISH, AS MAY BE NECESSARY TO CARRYOUT 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.
ENACTMENT NUMBER:R-20-0160
MOTION TO:Adopt
RESULT:ADOPTED
MOVER:Manolo Reyes, Commissioner
SECONDER:Ken Russell, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
END OF PUBLIC HEARINGS
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RE -RESOLUTIONS
RE.1RESOLUTION
A RESOLUTIONOF THE MIAMI CITY COMMISSION, WITH
7371
ATTACHMENT(S), DE-APPROPRIATING, RE-APPROPRIATING,
Office of
ADJUSTING, AND AMENDING TRANSFERS-IN,TRANSFERS-
Management and
OUT, FUNDING ROLL-OVERS, AND APPROPRIATIONS
Budget
RELATING TO THE GENERAL FUND, DEBT SERVICE FUND, AND
SPECIAL REVENUEFUNDS FORTHE 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 SERVICESPARTNERS 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 THEREOFALL 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.
MOTION TO:Defer
RESULT:DEFERRED
MOVER:Alex Diaz de la Portilla, Commissioner
SECONDER:Manolo Reyes, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
Note for the Record: Item RE.1was deferred to theJune11, 2020,CityCommission
Meeting.
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RE.2RESOLUTION
7372A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE CITY
Office of
OF MIAMI (“CITY”) FISCALYEAR 2019-20 MULTI-YEAR CAPITAL
Management and
PLAN ADOPTED WITH MODIFICATIONS ON SEPTEMBER 26,
Budget
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
DESIGNATEDCITY DEPARTMENTS IN ORDER TO UPDATE THE
RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS
IN CONNECTION THEREWITH AND FOR GRANTS IN
PROGRESS.
MOTION TO:Defer
RESULT:DEFERRED
MOVER:Alex Diaz de la Portilla, Commissioner
SECONDER:Manolo Reyes, Commissioner
AYES:Hardemon, Russell, Diaz de laPortilla, Reyes
ABSENT:Carollo
Note for the Record: Item RE.2was deferred to theJune 11, 2020,CityCommission
Meeting.
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RE.3RESOLUTION
7462A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A
Commissioners
SPECIAL MUNICIPAL ELECTION CONCURRENT WITH THE
and Mayor
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 AUGUST18, 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.
ENACTMENT NUMBER:R-20-0161
MOTION TO:Adopt with Modification(s)
RESULT:ADOPTED WITH MODIFICATION(S)
MOVER:Joe Carollo, Commissioner
SECONDER:Alex Diaz de la Portilla, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
END OF RESOLUTIONS
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EM -EMERGENCY ORDINANCES
EM.1ORDINANCE Emergency Ordinance
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI
7444
CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
City Manager’s
VOTE, RETROACTIVELY TOLLING AND SUSPENDING ALL
Office
APPLICABLE DEADLINES AND TIME PERIODS PRESCRIBED IN
THE CODE OF THE CITYOF 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 EMERGENCYDECLARED
BY MAYORFRANCIS X. SUAREZ ON MARCH 12, 2020
PURSUANT TO THE AUTHORITY GRANTED TO MUNICIPALITIES
BY SECTIONS 252.38, ET SEQ., AND 501.160, FLORIDA
STATUTES, ANDEXECUTIVE 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 INTHE STATE OF FLORIDA IS
AUTHORIZED TO WAIVE THE PROCEDURES ANDFORMALITIES
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 EFFECTIVEDATE.
ENACTMENT NUMBER:13902
MOTION TO:Adopt as an Emergency Measure with Modification(s)
RESULT:ADOPTED AS AN EMERGENCY MEASURE WITH
MODIFICATION(S)
MOVER:Manolo Reyes, Commissioner
SECONDER:Keon Hardemon, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
Note for the Record: Item EM.1 passed as an Emergency Ordinance with two roll
calls.
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EM.2ORDINANCE Emergency Ordinance
7442(4/5TH VOTE)AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Office of the City
VOTE, TEMPORARILY MODIFYING CERTAIN SCHEDULING,
Attorney
PROCEDURAL REQUIREMENTS, AND TIMING REQUIREMENTS
UNDER SECTION 2-32(B) OF THE CODE OF THECITY OF MIAMI,
FLORIDA, ASAMENDED, 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 ANDQUASI-
JUDICIAL HEARINGS DURING THE DECLARED LOCAL STATE
OF EMERGENCY FOR THENOVEL CORONAVIRUS (“COVID-19”)
PANDEMIC; MAKING NECESSARY FINDINGS; PROVIDING FOR
AN EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR ANIMMEDIATE EFFECTIVEDATE.
ENACTMENT NUMBER:13903
MOTION TO:Adopt as an Emergency Measure
RESULT:ADOPTED ASAN EMERGENCY MEASURE
MOVER:Alex Diaz de la Portilla, Commissioner
SECONDER:Manolo Reyes, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
Note for the Record: Item EM.2passed as an Emergency Ordinance with tworoll
calls.
END OF EMERGENCY ORDINANCES
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SR -SECOND READING ORDINANCE
SR.1ORDINANCE Second Reading
7338AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 20 OF THE CODEOF THE CITY OF MIAMI, FLORIDA,
Commissioners
AS AMENDED (“CITY CODE”), TITLED “FLOODDAMAGE
and Mayor
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 THENORTH AMERICAN VERTICAL DATUM
OF 1988 (“NAVD 88”) AS THE APPLICABLE VERTICAL DATUM
FOR THE PURPOSE OF ADMINISTERING THE CITY OF MIAMI’S
(“CITY”) FLOOD DAMAGEPREVENTION 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 ESTABLISHNEW STANDARDS
FOR THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR
OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW
MINIMUM HEIGHT OF SIX FEET (6’) NAVD 88 FOR NEWAND
RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE;
PROVIDING FOR A VARIANCE PROCEDURE FOR SUCH
ELEVATION REQUIREMENT; PROVIDING FOR A DEFINITION
AND PERMITTING CONSTRUCTION OF LIVING SHORELINES;
IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS TO
MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIR AND
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 THESAME;
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 TOBE IN VIOLATION THAT
UNDERTAKESTEPS 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
PRESENTSPECIFICATIONS PROMULGATED BY THE
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DEPARTMENT OF RESILIENCE AND PUBLIC WORKS UNDER
CERTAIN QUALIFYING CIRCUMSTANCES; MODIFYING THE
MINIMUM REQUIREMENTSAND 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 A
SEVERABILITY CLAUSE;AND PROVIDING FOR ANIMMEDIATE
EFFECTIVE DATE.
MOTION TO:Continue
RESULT:CONTINUED
MOVER:Manolo Reyes, Commissioner
SECONDER:Ken Russell, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
Note for the Record: Item SR.1was continuedto theJune 25, 2020,CityCommission
Meeting.
ENDOF SECOND READING ORDINANCE
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FR -FIRST READING ORDINANCES
FR.1ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI COMMISSION, WITH
7440
ATTACHMENT(S), AMENDING CHAPTER 25, “HUMAN
Commissioners
RELATIONS;” MORE PARTICULARLY, BY CREATINGARTICLE II,
and Mayor
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.
MOTION TO:Pass on First Reading
RESULT:PASSED ON FIRST READING
MOVER:Manolo Reyes, Commissioner
SECONDER:Alex Diaz de la Portilla, Commissioner
AYES:Hardemon, Diaz de la Portilla, Carollo, Reyes
NAYS:Russell
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FR.2ORDINANCE First Reading
7461AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
Commissioners
AS AMENDED ("CITY CODE"),TITLED "SUBDIVISION
and Mayor
REGULATIONS;"MORE PARTICULARLY BY AMENDING
SECTION 55-10, TITLED “BUILDING PERMITS;ISSUANCE;
RESTRICTIONS; EXCEPTIONS,” AND SECTION 55-14, TITLED
"ENCROACHMENTS ON ORIN RIGHTS-OF-WAY, PUBLIC
EASEMENTS, PRIVATE EASEMENTS OR EMERGENCYACCESS
EASEMENTS; EXCEPTIONS," BYMODIFYINGTHE CITY OF
MIAMI’S (“CITY”) PLATTING REGULATIONS TOMODIFY 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 APPROVALFROM THE CITY COMMISSION
FOR ENCROACHMENTS INTO PLATTED EASEMENTSAND
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 MAYBE 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.
MOTION TO:Withdraw
RESULT:WITHDRAWN
MOVER:ManoloReyes, Commissioner
SECONDER:Ken Russell, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
END OF FIRST READINGORDINANCES
City of MiamiPage 16Printed on 06/05/2020
City Commission Marked Agenda May 28, 2020
BU -BUDGET
BU.1DISCUSSION ITEM
MONTHLY REPORT
6742
Office of ISECTION 2-497 OF THE CITY CODE OF ORDINANCES
Management and
(RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
Budget
BUDGET)
IISECTION 18-502 (CITY'S ANTI-DEFICIENCY ACT)
IIISECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
RESULT:DISCUSSED
END OF BUDGET
City of MiamiPage 17Printed on 06/05/2020
City Commission Marked Agenda May 28, 2020
BC -BOARDS AND COMMITTEES
BC.1RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING ACERTAIN
7360
INDIVIDUAL AS AMEMBER OF THE HISTORIC AND ENVIRONMENTAL
Office of the City
PRESERVATION BOARD FOR ATERM AS DESIGNATED HEREIN.
Clerk
APPOINTEE/CATEGORY:NOMINATEDBY:
Rafael AndradeCommissioner Alex Diaz de la Portilla
(Citizen –Category 7)
ENACTMENT NUMBER:R-20-0162
MOTION TO:Adopt
RESULT:ADOPTED
MOVER:Manolo Reyes, Commissioner
SECONDER:Keon Hardemon,Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
END OF BOARDS AND COMMITTEES
City of MiamiPage 18Printed on 06/05/2020
City Commission Marked Agenda May 28, 2020
DI -DISCUSSION ITEM
DI.1DISCUSSION ITEM
MAY BE DEFERRED
6417
Department of Real A DISCUSSION ITEM, TO BE HEARD BY THE MIAMI CITY
Estate and Asset COMMISSION, REVIEWING THEADMINISTRATION’S FINDINGS,
ManagementRELATED 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.
MOTION TO:Continue
RESULT:CONTINUED
MOVER:Manolo Reyes, Commissioner
SECONDER:Ken Russell, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
Note for the Record: Item DI.1was continuedto theJune 25, 2020,CityCommission
Meeting.
END OF DISCUSSION ITEM
City of MiamiPage 19Printed on 06/05/2020
City Commission Marked Agenda May 28, 2020
PARTB: PZ -PLANNING AND ZONING ITEM(S)
ORDINANCE First Reading
PZ.1
5310
MAY BE DEFERRED
Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
and Mayor -PZORDINANCE 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 LOTRATIO (“FLR”)
BONUS AND NEW MINIMUM UNIT SIZES FOR THEDEVELOPMENT
OF PROJECTS, PROVIDING HOUSING FOR MIXED-INCOME
POPULATIONS AT OR BELOW ONEHUNDRED 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 AT3, "SUB-URBAN
ZONE," TRANSECT ZONEBY PROCESSOF EXCEPTION WITH CITY
COMMISSION APPROVAL;CLARIFYING LANGUAGE WITHIN MIAMI
21; MAKING FINDINGS;CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR ANEFFECTIVE DATE.
MOTION TO:Continue
RESULT:CONTINUED
MOVER:Manolo Reyes, Commissioner
SECONDER:Ken Russell, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT:Carollo
Note for the Record: Item PZ.1was continuedto theJune 25, 2020,CityCommission
Meeting.
END OF PLANNING AND ZONING ITEM(S)
City of MiamiPage 20Printed on 06/05/2020
City Commission Marked Agenda May 28, 2020
FL-FUTURE LEGISLATION
FL.1ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
7294
CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI,
Department of
FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING
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
ANEFFECTIVE DATE.
RESULT:NO ACTION TAKEN
FL.2ORDINANCE
7291AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
Department of
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
Planning
EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN
§163.3184, FLORIDA STATUTES, BY ADDING TWO POLICIES TO
THE FUTURE LAND USEELEMENT 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; MAKINGFINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
RESULT:NOACTION TAKEN
END OF FUTURE LEGISLATION
City of MiamiPage 21Printed on 06/05/2020
City Commission Marked Agenda May 28, 2020
NA -NON-AGENDA ITEM(S)
NA.1RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
7500
ATTACHMENT(S), URGING MIAMI-DADE COUNTY MAYOR
City Commission
CARLOS A. GIMENEZ AND THE SUBSEQUENT MAYOR(S), AND
THE BOARDOF COUNTY COMMISSIONERS OF MIAMI-DADE
COUNTY, FLORIDA (“BOARD OF COUNTY COMMISSIONERS”)
TO TRANSFER AID, RELIEF, AND ECONOMIC SECURITY ACT
(CARES) ACT DIRECT FEDERAL FUNDS RECEIVED BY MIAMI-
DADE COUNTY (“COUNTY”) TO THE CITY OF MIAMI (“CITY”)
ANDTO OTHER UNITS OF LOCAL GOVERNMENT WITHIN THE
COUNTY BASED ON POPULATION AND RATES OF COVID-19
CASES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED
HEREIN.
ENACTMENT NUMBER:R-20-0163
MOTION TO:Adopt
RESULT:ADOPTED
MOVER:Alex Diaz de la Portilla, Commissioner
SECONDER:Joe Carollo, Commissioner
AYES:Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
NA.2DISCUSSION ITEM
7501DISCUSSION BY VICE CHAIR RUSSELL REGARDING COVID-19
FEDERAL LEGISLATIVE ITEMS.
City Commission
RESULT:DISCUSSED
NA.3DISCUSSION ITEM
7502DISCUSSION BY CHAIR HARDEMON REGARDING THE
POSSIBILITY OF DEMONSTRATIONS IN THE CITYOF MIAMI IN
City Commission
RESPONSE TO THE DEATH OF GEORGE FLOYD AND HOW
MIAMI POLICE DEPARTMENT INTENDS TO PREPARE FOR SAID
POSSIBLE DEMONSTRATIONS.
RESULT:DISCUSSED
ADJOURNMENT
The meeting adjourned at1:06 p.m.
City of MiamiPage 22Printed on 06/05/2020