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HomeMy WebLinkAboutCC 2023-02-23 Marked AgendaCity Commission Marked Agenda February 23, 2023 City of Miami Marked Agenda City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Vacant, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 https://miamifLiqm2.com Thursday, February 23, 2023 9:00 AM City Hall 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo and Commissioner Reyes Absent: Commissioner Diaz de la Portilla On the 23rd day of February 2023, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:42 a.m., and adjourned at 11:54 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City of Miami Page I Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 13564 PROTOCOL ITEM Honoree Presenter Protocol Item Adonis Parker / Art Forever Miami, Inc Commissioner King Check Presentation City of Miami Police Commissioner Reyes Certificate of Merit rRESULT: PRESENTED 1) Chairwoman King presented a check to Adonis Parker and Art Forever Miami Inc. Chairwoman King saluted this artist for his contributions to the community while incorporating his art and public mural projects. Elected Officials paused in their deliberations to salute Mr. Parker and further thanked him for his commitment to art in the community and the City of Miami. 2) Commissioners presented a Certificate of Merit to City of Miami Police Officers in recognition of their service and actions. City of Miami Elected Officials recognized employees who provide exemplary service to our community and keep the City of Miami safe. Elected Officials paused in their deliberations to pay tribute and recognize the heroic efforts of these employees while thanking them for elevating the quality of life in the City of Miami. City of Miami Page 2 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PUBLIC COMMENT FOR ALL ITEM(S) IN THE AGENDA 1 13563 Office of the City Clerk ORDER OF THE DAY DISCUSSION ITEM PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE FEBRUARY 23, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 3 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 13488 Department of Real Estate and Asset Management CA.2 13476 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RETROACTIVE EXTENSION AND AMENDMENT TO THE MANAGEMENT AGREEMENT ("AGREEMENT") WITH THE DEPARTMENT OF OFF-STREET PARKING OF CITY OF MIAMI, AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, D/B/A THE MIAMI PARKING AUTHORITY ("DOSP") FOR THE JAMES L. KNIGHT INTERNATIONAL CENTER PARKING FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS, EXTENSIONS, AND DOCUMENTS NECESSARY TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-23-0085 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT, TITLED "FY 2023 MIAMI DUI PATROL OVERTIME PROJECT" AND ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $90,000.00, WITH NO MATCHING FUNDS REQUIRED; APPROPRIATING THE FUNDS TO THE MIAMI POLICE DEPARTMENT TO PROVIDE RESOURCES INTENDED TO REDUCE ALCOHOL -IMPAIRED DRIVING FOR HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. ENACTMENT NUMBER: R-23-0086 This matter was ADOPTED on the Consent Agenda. City of Miami Page 4 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 CA.3 RESOLUTION 13247 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THREE (3) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEEDS"), FOR RIGHT-OF- WAY 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 A COPY OF THE DEEDS. ENACTMENT NUMBER: R-23-0087 This matter was ADOPTED on the Consent Agenda. CA.4 RESOLUTION 13437 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOMMENDING, PURSUANT TO SECTION 54-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), THAT THE PORTION OF NORTHEAST 34TH STREET ROUGHLY BOUNDED BY BISCAYNE BAY ON THE EAST AND EXTENDING WEST APPROXIMATELY 238 FEET FROM THE SEAWARD FACE OF THE BULKHEAD ALONG BISCAYNE BAY, AS DEPICTED IN THE ATTACHED EXHIBIT "A" (THE "PEDESTRIAN PLAZA AREA") BE CLOSED TO VEHICULAR TRAFFIC; PROVIDING FOR TRANSMITTAL TO MIAMI-DADE COUNTY; AUTHORIZING IMPROVEMENTS TO THE PEDESTRIAN PLAZA AREA AT THE ABUTTING OWNER(S)' EXPENSE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0088 This matter was ADOPTED on the Consent Agenda. City of Miami Page 5 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 CA.5 RESOLUTION 12633 Department of Risk Management CA.6 13363 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CAROYLN JOHNSON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $250,000.00, WHICH INCLUDES A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $249,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000, FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0089 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY PURA MEDINA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $135,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED PURA MEDINA, ET AL. VS. CITY OF MIAMI, ET AL., PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 17-013884 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-23-0090 This matter was ADOPTED on the Consent Agenda. City of Miami Page 6 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 CA.7 13441 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TAMECA WILLIAMS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $115,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED TAMECA WILLIAMS V. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 2020- 027399 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-23-0091 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA City of Miami Page 7 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PH.1 13202 Department of Housing and Community Development PH.2 13268 Department of Housing and Community Development PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIPS PROGRAM ADMINISTRATION FUNDS, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM DELIVERY FUNDS TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE 2022-2023 FISCAL YEAR AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SUBJECT TO THE AVAILABILITY OF FUNDING, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0092 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO GRANT SITE ACCESS TO FDEP'S CONTRACTOR IN ORDER TO CONDUCT A FDEP-FUNDED ENVIRONMENTAL ASSESSMENT ON, AND IF NECESSARY, A FDEP-FUNDED REMEDIATION OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AGREEMENTS WITH FDEP'S CONTRACTOR IN ORDER TO PERMIT ACCESS TO THE PROPERTY TO COMPLETE SAID ASSESSMENT AND REMEDIATION, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0093 City of Miami Page 8 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla PH.3 RESOLUTION 13420 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00), TO CIRCLE OF BROTHERHOOD, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CIRCLE OF BROTHERHOOD"), IN ORDER TO IMPLEMENT CIRCLE OF BROTHERHOOD'S COVID-19/PANDEMIC COMMUNITY WELLNESS AND RECOVERY INITIATIVE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CIRCLE OF BROTHERHOOD SUBJECT TO CIRCLE OF BROTHERHOOD PROVIDING THE REQUESTED INFORMATION TO THE SATISFACTION OF THE CITY AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.3 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 9 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PH.4 RESOLUTION 13458 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B (A) OF THE CHARTER OF THE CITY OF MIAMI (" CITY CHARTER"), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, PURSUANT TO SECTION 18- 85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND DOLORES, BUT YOU CAN CALL ME LOLITA, LLC. ("TENANT"), GRANTING A LESSEE OF CITY -OWNED PROPERTY A ONE-TIME EXTENSION DURING THE LAST FIVE YEARS OF ITS LEASE, WITHOUT THE NECESSITY OF A REFERENDUM, FOR THE PURPOSE OF FUNDING ADDITIONAL CAPITAL IMPROVEMENTS; FOR AN EXTENDED TERM NOT TO EXCEED TWENTY-FIVE PERCENT OF THE ORIGINAL TERM OR TEN YEARS, WHICHEVER IS LESS; FOR FAIR MARKET VALUE, FOR THE CONTINUED USE OF THE CITY OWNED PROPERTY LOCATED AT 100 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF OPERATING A RESTAURANT, FOR A MONTHLY USE FEE OF SEVENTY FOUR THOUSAND ONE HUNDRED THIRTY NINE DOLLARS AND FIFTY EIGHT CENTS ($74,139.58) PLUS FEES AND ANNUAL PERCENTAGE INCREASES, FOR AN EXTENDED TERM OF SIX (6) YEARS AND THREE (3) MONTHS, WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.4 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 10 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PH.5 RESOLUTION 13487 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING FUNDS FROM THE VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) TO THE FLORIDA INTERNATIONAL UNIVERSITY FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FIU FOUNDATION"), TO ESTABLISH THE CITY OF MIAMI ("CITY") FIRST GENERATION SCHOLARSHIP INITIATIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIU FOUNDATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.5 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 11 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PH.6 RESOLUTION 13490 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($175,000.00) ("GRANT") TO CUBAN MUSEUM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CUBAN MUSEUM"), IN ORDER TO COMPLETE THE AMERICAN MUSEUM OF THE CUBAN DIASPORA'S PERMANENT EXHIBITION ON CUBAN AMERICAN HISTORY AND ITS PROMOTION THROUGH TOUR OPERATORS, GUIDES AND ADVERTISEMENTS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CUBAN MUSEUM AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.6 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 12 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PH.7 RESOLUTION 13491 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 12 SOUTHWEST 47 AVENUE, 2601 SOUTHWEST 13 STREET, 130 SOUTHWEST 51 PLACE (A AND B), 700 SW 63 AVENUE, AND 632 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE CITY'S MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS REGULATIONS AND PROGRAMS, AS MAY BE AMENDED, AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.7 was deferred to the March 9, 2023, City Commission Meeting. END OF PUBLIC HEARINGS City of Miami Page 13 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 13394 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN CAPACITY BEYOND THE CURRENT ALLOWABLE PER WORK ORDER AWARD AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00), PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT NO. 501331 FOR A MISCELLANEOUS MANAGEMENT ADVISORY CONSULTING SERVICES ("MMACS") POOL, FOR PROGRAM MANAGEMENT SUPPORT SERVICES FROM AECOM TECHNICAL SERVICES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("AECOM"), FOR THE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI"), IN THE AMOUNT OF ONE HUNDRED SIXTY SIX THOUSAND SEVEN HUNDRED THIRTY TWO DOLLARS AND SIXTY CENTS ($166,732.60) FOR THE PHASE 2.3a DATA MIGRATION ENTRY SUPPORT SERVICES FOR THE eBUILDER IMPLEMENTATION SUPPORT SERVICES PROJECT ("SERVICES"), THEREBY INCREASING THE ORIGINAL PHASE 2 AMOUNT FROM ONE HUNDRED SEVENTY NINE THOUSAND NINE HUNDRED THREE DOLLARS AND FORTY ONE CENTS ($179,903.41) TO A NOT -TO -EXCEED AMOUNT OF THREE HUNDRED FORTY SIX THOUSAND SIX HUNDRED THIRTY SIX DOLLARS AND ONE CENT ($346,636.01); ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM OCI, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0094 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 14 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 RE.2 13250 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ('UASI') GRANT PROGRAM FISCAL YEAR 2022" AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME IN THE AMOUNT OF $14,012,500.00 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY DIRECTLY TO THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT ("GRANT AWARD"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND THE FISCAL YEAR 2022 UASI GRANT PROGRAM, AS NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CONTIGUOUS PARTNERS OF THE CITY OF MIAMI ("CITY") SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE - RESCUE, CONTINGENT UPON FUNDING OF THE PROJECT BEING SECURED. ENACTMENT NUMBER: R-23-0095 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 15 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 RE.3 13251 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT SUPPLEMENTAL GRANT FUNDING IN THE AMOUNT OF $950,000.00 FROM THE DEPARTMENT OF HOMELAND SECURITY'S SECURING THE CITIES PROGRAM 2019 ("GRANTOR") FOR THE PURPOSE OF ENHANCING REGIONAL CAPABILITIES IN DETECTING, IDENTIFYING, AND RESPONDING TO RADIOLOGICAL AND NUCLEAR THREATS THROUGHOUT MIAMI-DADE, BROWARD, MONROE, AND PALM BEACH COUNTIES ("SUPPLEMENTAL GRANT"); APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $950,000.00 FOR A TOTAL OF $2,927,434.00, CONSISTING OF THE SUPPLEMENTAL GRANT FUNDING AND THE PREVIOUSLY AWARDED GRANT FUNDING OF $1,977,434.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID SUPPLEMENTAL GRANT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0096 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 16 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 RE.4 RESOLUTION 12735 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, AUTHORIZING, AND DIRECTING THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT IN ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2022-2023 MULTI- YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 10, 2022 PURSUANT TO RESOLUTION NO. R-22-0321, AS SUBSEQUENTLY AMENDED, AND TO RE -APPROPRIATE, DE - APPROPRIATE, AND APPROPRIATE FUNDING FOR THE EXISTING AND ADDED PROJECTS IN ACCORDANCE WITH EXHIBIT "A", ATTACHED AND INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH FOR ONGOING CAPITAL PROJECTS, PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0097 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla END OF RESOLUTIONS City of Miami Page 17 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 10746 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "STREETS AND SIDEWALKS/IN GENERAL" AND CHAPTER 54/ ARTICLE VIII OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS" TO UPDATE THE ESTABLISHED PROCESS AND REQUIREMENTS FOR CONSTRUCTION, PLACEMENT, INSTALLATION AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14150 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla SR.2 ORDINANCE Second Reading 13139 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO LIMIT WHEN MEMBERS OF THE PUBLIC MAY DONATE SPEAKING TIME TO OTHER MEMBERS OF THE PUBLIC; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14151 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 18 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 SR.3 ORDINANCE Second Reading 13191 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCIAL INTEGRITY PRINCIPLES," MORE SPECIFICALLY AMENDING THE RESERVE POLICIES, FINANCIAL OVERSIGHT AND REPORTING, EVALUATION COMMITTEES, BASIC FINANCIAL POLICIES, AND OTHER PROVISIONS OF SECTION 18-542 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14152 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla SR.4 ORDINANCE Second Reading 13142 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION;" FURTHER AMENDING SECTION 36-5 OF THE CITY CODE, TITLED "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS OF CITY -OWNED PROPERTY; RELAXATION," TO EXTEND THE PILOT PROGRAM FOR NOISE DISTURBANCES WITHIN THE NRD-1 DISTRICT IN THE CITY OF MIAMI FOR ONE (1) FURTHER YEAR; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14153 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla END OF SECOND READING ORDINANCES City of Miami Page 19 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.1 13314 Department of Planning PZ.2 10771 Commissioners and Mayor - PZ PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; APPENDIX J, WYNWOOD NRD-1, SECTION 4, TABLE 1; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED, AND SECTION 4-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT ("ASE") IN EXCESS OF 5,000 SQUARE FEET ON THE REAL PROPERTY DESIGNATED AS "T6-8- 0" URBAN CORE TRANSECT ZONE - OPEN WITHIN THE NRD-1 OVERLAY, LOCATED AT APPROXIMATELY 2217 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0098 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14154 City of Miami Page 20 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla PZ.3 ORDINANCE Second Reading 12833 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY REMOVING THE BUENA VISTA YARDS REGIONAL ACTIVITY CENTER AND ANY REFERENCES TO SUCH MATTER, CREATING THE BUENA VISTA YARDS INTENSITY PRESERVATION AREA, AND AMENDING APPENDIX LU-1 TO UPDATE THE FUTURE LAND USE MAP SERIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14155 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 21 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.4 ORDINANCE First Reading 13317 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED TO "T5-R" URBAN CENTER TRANSECT ZONE — RESTRICTED FOR THE PROPERTY LOCATED AT APPROXIMATELY 2170 NORTHWEST FLAGLER TERRACE, MIAMI, FLORIDA, AND FROM "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN TO "T6-8-L" URBAN CORE TRANSECT ZONE — LIMITED FOR THE PROPERTY LOCATED AT APPROXIMATELY 45 NORTHWEST 22 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 22 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.5 ORDINANCE First Reading 13319 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.5 was deferred to the March 9, 2023, City Commission Meeting. PZ.5 ORDINANCE First Reading 13319 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 23 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.5 ORDINANCE First Reading 13319 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.5 was continued to the March 23, 2023, City Commission Meeting. City of Miami Page 24 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.6 ORDINANCE First Reading 13320 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.6 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 25 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.6 ORDINANCE First Reading 13320 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla PZ.6 ORDINANCE First Reading 13320 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.6 was continued to the March 23, 2023, City Commission Meeting. City of Miami Page 26 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.7 ORDINANCE First Reading 12839 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") BY AMENDING APPENDIX C - MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA," SECTION 627.2.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA," SECTION 627.2.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS," AND SECTION 627.2.12, TITLED "SURFACE PARKING AND PARKING GARAGES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla PZ.8 ORDINANCE First Reading 12615 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE TEXT WITHIN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, SPECIFICALLY STRIKING OR REPLACING REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM WITHIN THE FUTURE LAND USE ELEMENT; ADDRESSING THE GEOGRAPHY OF THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS FOR THE PARKS, RECREATION AND OPEN SPACE ELEMENT; PROVIDING AN APPENDIX TO THE PARKS, RECREATION AND OPEN SPACE ELEMENT WHICH MAPS THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 27 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.9 ORDINANCE First Reading 12614 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, TITLED "DEFINITIONS"; ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS"; AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES"; AND APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT", TO REPLACE OR STRIKE REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla PZ.10 ORDINANCE First Reading 13318 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5, SECTION 5.3.4, TITLED "PARKING STANDARDS (T3)," TO MODIFY AND SIMPLIFY REGULATIONS RELATED TO DRIVEWAYS IN THE T3 TRANSECT ZONE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 28 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 PZ.11 ORDINANCE First Reading 13315 Commissioners and Mayor - PZ PZ.12 13252 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 6.1, TITLED "INTENT AND EXCLUSIONS," TO MODIFY TABLE 13 TO ALLOW FOR ADDITIONAL HEIGHT TO FENCES AND WALLS ENCLOSING INFRASTRUCTURE AND UTILITIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, GRANTING OR DENYING THE APPEAL FILED BY CHRISTINE RUPP ON BEHALF OF DADE HERITAGE TRUST ("APPELLANT") AND REVERSING OR AFFIRMING THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB") APPROVING AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") TO ALLOW THE CONSTRUCTION OF A NEW BOAT RAMP WITH TWO (2) FIXED DOCKS AND TWO (2) FLOATING DOCKS WITH GANGWAYS THAT WILL EXTEND 90 FEET INTO MARINE STADIUM BASIN AND ASSOCIATED WAIVER PURSUANT TO SECTION 7.2.8(A) OF THE MIAMI 21 CODE AT REAL PROPERTY DESIGNATED "CS" CIVIC SPACE TRANSECT ZONE LOCATED AT APPROXIMATELY 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0099 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla END OF PLANNING AND ZONING ITEM(S) City of Miami Page 29 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 FL - FUTURE LEGISLATION FL.1 13392 City Manager's Office ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT RESOLUTION NO. R-22-0340 ADOPTED ON SEPTEMBER 13, 2022 AND RESOLUTION NO. R-22-0423 ADOPTING ON OCTOBER 27, 2022, AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEE'S AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTIONS 40- 255, TITLED "BENEFITS," INCREASING THE DROP PARTICIPATION TO (84) MONTHS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 30 Printed on 03/02/2023 City Commission Marked Agenda February 23, 2023 NA.1 13565 Office of the City Clerk ADJOURNMENT NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Jose M. Garcia ENACTMENT NUMBER: R-23-0100 NOMINATED BY: Commissioner Alex Diaz de la Portilla MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla The meeting adjourned at 11:54 a.m. City of Miami Page 31 Printed on 03/02/2023