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HomeMy WebLinkAboutCC 2017-03-23 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, March 23, 2017 9:00 AM City Hall 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez. On the 23rd day of March, 2017, 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 Chair Hardemon at 9:05 a.m., recessed at 12:51 p.m., reconvened at 1:00 p.m., recessed at 2:30 p.m., reconvened at 5:25 p.m, recessed at 11:59 p.m., reconvened at 12:03 a.m., and adjourned on Friday, March 24, 2017 at 12:17 a.m. Note for the Record: Vice Chair Russell entered the Commission chambers at 9:09 a.m., Commissioner Carollo entered the Commission chambers at 9:13 a.m., and Commissioner Suarez entered the Commission chambers at 9:24 a.m. Also Present: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 1976 Honoree Presenter Protocol Item Service Milestone Awards Mayor & Manager City of Miami Pins City of Miami Page 1 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 Chief Maurice Kemp Mayor & Commission Proclamation 9 NET Employees CAMACOL Commissioner Gort Certificate of Appreciation Charlene Bouie Commissioner Russell Proclamation 6 Women's History Honorees Mayor & Commission Salute Jose Fernandez Commissioner Carollo Salute 10 Honorees MCSW Board Status of Women Board Salute Eugenio Torriente Mayor and Manager Certificate of Appreciation The Links Mayor Regalado Salute SEOPW CRA Commissioner Suarez Certificate of Merit RESULT: PRESENTED 1) Mayor Regalado and City Manager Alfonso presented Service Milestone Awards to various City of Miami Employees, recognizing them for their years of service presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City of Miami. 2) Mayor Regalado, City Commissioners, Miami Dade County School Board Member Dr. Dorothy Bendross-Mindigall and Miami -Dade County School Superintendent Alberto M. Carvalho honored and commended City of Miami Fire Chief Maurice L. Kemp, the City of Miami's first African American Fire Chief, who has diligently served the city and residents for thirty-two (32) years; furthermore recognizing him as one of the most respected and outstanding leaders in the county, since he worked his way through the ranks of Lieutenant, Captain, and Deputy Fire Chief of Administration prior to being named Fire Chief. He was dubbed the "man of courage, compassion, and commitment " for his knowledge in the fire and emergency medical service (EMS) field and passion for public service, and his long-standing mission to provide the "highest level of customer service" to the citizens and visitors throughout the City of Miami. Elected Officials paused in their deliberations of governance in order to honor and commend Chief Maurice Kemp for his laudable and extraordinary service and proclaimed March 23, 2017 as "Chief Maurice L. Kemp Day" in the City of Miami. 3) Mayor Regalado and Commissioner Gort presented a Certificate of Appreciation to nine (9) NET employees and thanked them for volunteering in the Latin Chamber of Commerce's CAMACOL holiday basket (Java) distribution in December 2016. This noteworthy event was the largest one -day food giveaway in the United States. Their commitment elevates the quality of life for the residents of the City of Miami. 4) Mayor Regalado and Vice Chair Russell presented a proclamation and recognized Charlene R. Bouie, founder of Coffee Break with Charley (CBWC), a women's empowerment organization raising awareness of domestic violence, and author of "The Journey Phase One," which promotes inspirational messages through journal readings. Elected Officials paused in their deliberations of governance in order to proclaim March 23, 2017 as "Charlene R. Bouie Day" in the City of Miami. 5) Mayor Regalado and City Commissioners presented Salutes six (6) women's history honorees and recognized this year's National Women's History Month theme, "Honoring Trailblazing Women in Labor and Business." Elected Officials paid tribute to women's achievements throughout the centuries and applauded their tenacity, courage and creativity, qualities embodied in their many years of social City of Miami Page 2 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 service on behalf of the underserved, the mentally ill, and those suffering from substance abuse. These recipients were celebrated for their courageous vision expertise and talents used to elevate the quality of life of our community. 6) Mayor Regalado and Commissioner Carollo presented a Salute to Jose M. Fernandez for his outstanding contribution and honorable service in the City of Miami Department of Finance; furthermore commending him for his efforts in strengthening the City's financial stability and assuring that the Comprehensive Annual Financial Reports were completed in a thorough and timely fashion. Mr. Fernandez was instrumental in spearheading efforts to effectuate positive changes to the culture and morale of the Department of Finance. The official governance paused in their deliberations to honor his use of financial expertise in order to elevate the quality of life in the City of Miami. 7) Mayor Regalado and City Commissioners presented Salutes for Women's History Month to ten (10) honorees selected by the members of the City of Miami Commission of Status of Women in recognition of their outstanding contributions to the City by being women of character, courage and commitment for our community. 8) Mayor Regalado and City Manager Alfonso presented a Certificate of Appreciation to Mr. Eugeno Torriente, paying tribute to his more than twenty-seven (27) years of excellent service, selfless dedication and high level of professionalism as an employee in the City of Miami Department of Solid Waste and Public Works. 9) Mayor Regalado and City Commissioners presented a Salute to the Miami -Dade County Chapter of The Links, Inc., a not -for -profit community service organization, comprised of influential professional women committed to civic, corporate and community initiatives to serve the less fortunate in our community. The Chapter is engaged in supporting disadvantaged youth and families in Miami -Dade County, bringing awareness to programs that combat youth trafficking, support international humanitarian relief through donation of goods, participate in literary awareness campaigns, partner with organizations to support preventive care for HIV -AIDS, breast cancer, heart disease, cures for lupus, mental health treatment, and women health awareness. 10) Mayor Regalado and Commissioner Suarez presented a Certificate of Merit and paid highest tribute to the Southeast Overtown Park West Community Redevelopment Agency (SEOPW CRA) for having received a Law Enforcement Officers (LEO) Charitable Foundation award during the 17' Annual Leo Awards Gala on March 18, 2017, in connection with the agency's enhanced policing services program. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Planning and Zoning - Jan 26, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 3 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 MV - MAYORAL VETOES 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 VETOES City of Miami Page 4 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 ORDER OF THE DAY PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 1770 PERSONAL APPEARANCE BY ANGIE CHIRINO, DONOR RELATIONS MANAGER FOR THE VOICES FOR CHILDREN FOUNDATION, REGARDING AWARENESS OF THE GUARDIAN AD LITEM (GAL) PROGRAM. RESULT: DISCUSSED END OF PERSONAL APPEARANCES City of Miami Page 5 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 CA.1 1761 Department of Police CA.2 1967 Office of the City Attorney CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESOLUTION - Item Pulled from Consen A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $750,000.00, FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH ENHANCED POLICE SERVICES WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0135 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND THE RETENTION OF SHUTTS & BOWEN LLP AS SPECIAL REAL ESTATE COUNSEL, IN CONSULTATION WITH THE CITY ATTORNEY, IN MATTERS SET FORTH IN CITY RESOLUTION NO. 16-0611 FOR THE DEVELOPMENT OF A NEW CITY OF MIAMI ADMINISTRATION BUILDING; WAIVING CONFLICTS OF INTEREST AS PROVIDED HEREIN; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL LEGAL SERVICES ACCOUNT NO. 00001.980000.531010.0000.00000. MOTION TO: Adopt RESULT: FAILED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort NOES: Carollo, Russell, Suarez Note for the Record: A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, with Chair Hardemon and Commissioner Gort absent, directing the City Attorney to issue a new search for a Special Real Estate Counsel. END OF CONSENT AGENDA City of Miami Page 6 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 1790 Department of Community and Economic Development 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 FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $50,000.00 TO THE ORGANIZATIONS AS SPECIFIED IN ATTACHMENT "B", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM (HOPWA); ALLOCATING FROM THE SOCIAL SERVICE GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0151 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez PH.2 RESOLUTION 1791 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT AN EXTENSION OF TIME FOR THE 2016-2017 AGREEMENTS FOR ECONOMIC DEVELOPMENT ACTIVITIES BETWEEN THE CITY OF MIAMI AND THE AGENCIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR SIX (6) MONTHS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-17-0152 City of Miami Page 7 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort PH.3 RESOLUTION 1751 Department of Parks and Recreation 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 FINDING, ATTACHED AND INCORPORATED AS 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; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE CITY MANAGER'S RECOMMENDATIONS AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT AMIGOS TOGETHER FOR KIDS, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("AMIGOS"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER -SCHOOL INSTRUCTION AND PROGRAM MANAGEMENT, FAMILY EVENTS, CULTURAL, AND RECREATIONAL ACTIVITIES AT JOSE MARTI PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR THE CONTRACT PERIOD COMMENCING MAY 12, 2017 THROUGH MAY 11, 2022 WITH THE OPTION TO RENEW FOR UP TO TWO (2) CONSECUTIVE FIVE (5) YEAR PERIODS FOR A TOTAL OF FIFTEEN (15) YEARS UNDER THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT. ENACTMENT NUMBER: R-17-0153 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort END OF PUBLIC HEARINGS City of Miami Page 8 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 1399 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION", TO CLARIFY PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13670 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez SR.2 ORDINANCE Second Reading 1755 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "NOISE/OFF-STREET FREIGHT AND COMMERCIAL DELIVERY HOURS PILOT PROGRAM", EXTENDING THE PILOT PROGRAM FOR ONE (1) YEAR; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13671 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez END OF SECOND READING ORDINANCES City of Miami Page 9 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 1396 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO AMEND THE ENTIRE CITY CODE TO MODIFY ANY AND ALL MASCULINE AND/OR FEMININE LANGUAGE TO GENDER NEUTRAL PRONOUNS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez FR.2 ORDINANCE First Reading 1591 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTIONS 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS", ESTABLISHING A NEW CHAPTER 2/ARTICLE X/SECTION 2-822 OF THE CITY CODE, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/WAIVER, MITIGATION, AMNESTY, SETTLEMENT OF LIENS", ALLOWING FOR THE CITY MANAGER OR HIS/HER DESIGNEE TO ADMINISTRATIVELY NEGOTIATE LIEN AMOUNTS, PAYMENT PLANS AND WAIVER OF LIENS INCLUDING BUT NOT LIMITED TO LIENS RELATED TO CODE ENFORCEMENT, LOT CLEARING, SPECIAL ASSESSMENT, NUISANCE ABATEMENT AND SOLID WASTE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item FR.2 was continued to the April 27, 2017 Planning and Zoning Commission Meeting. City of Miami Page 10 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 FR.3 ORDINANCE First Reading 1882 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "NOISE/OFF-STREET FREIGHT AND COMMERCIAL DELIVERY HOURS PILOT PROGRAM", EXTENDING THE PILOT PROGRAM TO CITY COMMISSION DISTRICT 1; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez FR.4 ORDINANCE First Reading 1769 Commissioners and Mayor AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS", MORE PARTICULARLY BY AMENDING SECTION 16-6 TO ALLOW CANDIDATES FOR CITY COMMISSION OR MAYOR TO QUALIFY THROUGH A PETITION PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item FR.4 was deferred to the April 13, 2017 Regular Commission Meeting. City of Miami Page 11 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 FR.5 ORDINANCE First Reading 1921 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TWO HUNDRED FORTY (240) DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SPECIAL AREA PLANS, ACCEPTED PURSUANT TO SECTION 3.9 OF MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR SPECIAL AREA PLANS ENCOMPASSING PROPERTIES ZONED AS CIVIC SPACE WITHIN FIVE HUNDRED (500) FEET OF BISCAYNE BAY; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez FR.6 ORDINANCE First Reading 1386 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 40, ARTICLE IV, DIVISION 6 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, ENTITLED PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE", BY MODIFYING THE CITY OF MIAMI'S CONTRIBUTION INTO THE TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez END OF FIRST READING ORDINANCES City of Miami Page 12 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE - RESOLUTIONS RE.1 RESOLUTION 1739 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,230,869.00, FOR THE CONSTRUCTION OF THE SEAWALL, DOCK, AND KAYAK LAUNCH AT THE VIRGINIA KEY NATURE CENTER ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, AND EXTENSIONS THERETO, AND THE ACCEPTANCE OF GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2017-2018. ENACTMENT NUMBER: R-17-0139 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record: A motion was made by Vice Chair Russell and seconded by Commissioner Gort, and was passed unanimously, with Chair Hardemon absent, directing the City Manager to work closely with and solicit a resolution from the Virginia Key Advisory Board. City of Miami Page 13 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.2 RESOLUTION 1752 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED NOVEMBER 3, 2016, PURSUANT TO INVITATION TO BID ("ITB") NO. 15-16- 029, FROM MAGGOLC, INC. ("MAGGOLC"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CONSTRUCTION SERVICES FOR THE BIRD AVENUE ROADWAY IMPROVEMENTS - DISTRICT 2 PROJECT, IN THE AMOUNT OF $1,468,493.90 FOR THE SCOPE OF WORK PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $146,849.39 FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,615,343.29; ALLOCATING FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-30628; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, AND TO NEGOTIATE AND EXECUTE ANY SUBSEQUENT DOCUMENTS, INCLUDING ANY AMENDMENTS, EXTENSIONS AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0140 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon RE.3 RESOLUTION 1880 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE ZONING REGULATIONS OF THE CITY OF MIAMI, FLORIDA AS THEY PERTAIN TO SHORT-TERM/VACATION RENTALS AND DIRECTING THE CITY MANAGER TO CONTINUE VIGOROUSLY ENFORCING REGULATIONS PERTAINING TO LODGING USES TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE CITY OF MIAMI'S RESIDENTS AND VISITORS. ENACTMENT NUMBER: R-17-0137 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Carollo NAYS: Russell, Suarez City of Miami Page 14 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.4 RESOLUTION 1137 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO FORMALLY ISSUE IN WRITING ANY LEGAL OPINION PREPARED BY THE OFFICE OF THE CITY ATTORNEY IN RESPONSE TO A LEGAL SERVICES REQUEST ("LSR") FROM THE MAYOR, A CITY COMMISSIONER, THE CITY MANAGER, OR A DEPARTMENT DIRECTOR, UNLESS OTHERWISE DIRECTED BY THE INDIVIDUAL WHO SUBMITTED THE LSR; PROVIDING THAT LEGAL OPINIONS SHALL BE PUBLISHED UNLESS OTHERWISE DIRECTED BY THE INDIVIDUAL WHO SUBMITTED THE LSR WITHIN TEN (10) DAYS OF ISSUING THE LEGAL OPINION; FURTHER PROVIDING THAT THIS RESOLUTION SHALL NOT APPLY TO LEGAL OPINIONS PREPARED FOR ONGOING LITIGATION OR ADVERSARIAL ADMINISTRATIVE PROCEEDINGS, OR PREPARED IN ANTICIPATION OF IMMINENT LITIGATION OR ADVERSARIAL ADMINISTRATIVE PROCEEDINGS. ENACTMENT NUMBER: R-17-0141 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon City of Miami Page 15 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.5 RESOLUTION 1139 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CREATE, WITHIN CURRENT BUDGETARY CONSIDERATIONS, AN OFFICE OF TRANSPARENCY, UNDER THE PURVIEW OF THE CITY MANAGER, WITH THE RESPONSIBILITY OF MANAGING PUBLIC RECORDS REQUESTS IN AN OPEN AND TRANSPARENT MANNER, INCLUDING MAKING PUBLIC RECORDS REQUESTS AND THE RESPONSES AVAILABLE ONLINE FOR THE PUBLIC TO ACCESS AND DOWNLOAD; FURTHER DIRECTING THE CITY MANAGER TO PLACE INFORMATION ON THE MAIN PAGE OF THE OF THE CITY OF MIAMI'S ("CITY") WEBSITE ON HOW TO SUBMIT A PUBLIC RECORDS REQUEST TO THE CITY; FURTHER DIRECTING THE CITY MANAGER TO DEVELOP OR PROCURE AN ELECTRONIC MEANS OR PLATFORM THAT PUBLISHES DECISIONS RENDERED BY THE CITY COMMISSION, THE PLANNING ZONING AND APPEALS BOARD ("PZAB"), THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), AND WARRANTS AND WAIVERS ISSUED BY THE DEPARTMENT OF PLANNING AND ZONING ("P&Z"), INCLUDING PLACING SAID INFORMATION ON THE MAIN PAGE OF THE CITY'S WEBSITE; FURTHER DIRECTING THE CITY MANAGER TO DEVELOP OR PROCURE AN ELECTRONIC NOTIFICATION SYSTEM WHEREBY THE PUBLIC MAY SUBSCRIBE TO AND RECEIVE AUTOMATIC NOTIFICATION OF ANY DECISIONS RENDERED BY THE CITY COMMISSION, PZAB, HEPB, AND WARRANTS AND WAIVERS ISSUED BY P&Z. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record: Item RE.5 was deferred to the April 13, 2017 Regular Commission Meeting. City ofMianai Page 16 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.6 RESOLUTION 1701 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES PROVIDING FOR THE CREATION OF A JOINT ENFORCEMENT ZONE, PROVISION OF LAW ENFORCEMENT SERVICES AND CREATING A MULTI -AGENCY ANTI - PROSTITUTION & HUMAN TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record: Item RE.6 was deferred to the April 13, 2017 Regular Commission Meeting. City ofMianai Page 17 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.7 RESOLUTION 1973 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 16-0409, ADOPTED SEPTEMBER 8, 2016, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY TO FUND A PORTION OF THE UNDERLINE PROJECT WITH CITY OF MIAMI ("CITY") PARK IMPACT FEES ATTRIBUTABLE TO NEW DEVELOPMENT AS DEFINED IN CHAPTER 13, SECTIONS 13-5 AND 13-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THAT HAVE PAID OR WILL PAY IMPACT FEES WITHIN ONE THOUSAND (1,000) FEET OF THE UNDERLINE PROJECT IN DISTRICTS 2 AND 4 AND FIFTY PERCENT (50%) OF ANY IMPACT FEES COLLECTED WITHIN ONE THOUSAND (1,000) FEET OF THE UNDERLINE PROJECT IN DISTRICT 3 IN A TOTAL AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000.00), PROVIDED THAT SAID FUNDS SHALL BE EXPENDED ON THE UNDERLINE PROJECT WITHIN SIX (6) YEARS OF THE DATE OF PAYMENT OF THE IMPACT FEE BY THE OWNER OF THE PROPERTY TO THE CITY; FURTHER PROVIDING THAT SAID FIFTY MILLION DOLLAR ($50,000,000.00) CAP BE REDUCED IF THE UNDERLINE PROJECT RECEIVES FUNDS FROM OTHER SOURCES OR IT IS DETERMINED IN THE FUTURE THAT THE OVERALL PROJECT COST WILL BE LESS; FURTHER DIRECTING THE CITY MANAGER TO INCLUDE THE UNDERLINE PROJECT IN THE CAPITAL IMPROVEMENT PROGRAM AS DEFINED IN SECTION 13-5 OF THE CITY CODE TO ALLOW FOR CREDITS AGAINST IMPACT FEES FOR NEW DEVELOPMENT SEEKING TO IMPROVE THE UNDERLINE PROJECT. ENACTMENT NUMBER: R-17-0143 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Suarez NAYS: Carollo ABSENT: Hardemon City ofMiami Page 18 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.8 RESOLUTION 1963 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING AND AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS INCLUDING COMMENCEMENT OF PROCEEDINGS TO ENJOIN THE STATE OF FLORIDA ("STATE") AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") FROM CONTINUING WITH THEIR OFFER TO SELL THROUGH COMPETITIVE SEALED BID NO. DSL-BID-16-020 THE PROPERTY LOCATED APPROXIMATELY BETWEEN NORTHWEST 22ND STREET AND 22ND TERRACE AND NORTHWEST 10TH AVENUE AND 11TH AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS FOLIO NO. 01-3126-053-0130, PER THE ATTACHED PROPERTY REPORT AND DEED ("PROPERTY"); ALSO FURTHER DIRECTING AND AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION NECESSARY AND IN FURTHERANCE OF THE SUCCESSFUL RECONVEYANCE OF THE PROPERTY FROM THE STATE AND FDEP BACK TO THE CITY. ENACTMENT NUMBER: R-17-0142 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez RE.9 RESOLUTION 1930 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PRIORITIZE THE DEVELOPMENT AND ISSUANCE OF A REQUEST FOR PROPOSALS RELATING TO THE DESIGN AND CONSTRUCTION OF AFFORDABLE HOUSING ON THE CURRENT SITE OF THE CITY OF MIAMI FIRE COLLEGE ("FIRE COLLEGE"), SUBJECT TO THE CITY ACQUIRING A SUITABLE LOCATION FOR A NEW FIRE COLLEGE, AND FURTHER SUBJECT TO COMPLIANCE WITH ANY, AND ALL, ENVIRONMENTAL REQUIREMENTS, PROTECTION, LAND USE, ZONING LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, THE EXISTENCE IN OR ON THE PROPERTY OF ANY HAZARDOUS MATERIALS WHICH MAY IMPACT ITS SUITABILITY FOR RESIDENTIAL USE. ENACTMENT NUMBER: R-17-0150 City of Miami Page 19 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon RE.10 RESOLUTION 1935 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RE- ESTABLISHING THE CITY OF MIAMI COMMUNITY ADVISORY BOARD TO PROVIDE OVERSIGHT AND FEEDBACK TO THE CITY OF MIAMI POLICE DEPARTMENT ("MPD") AND THE INDEPENDENT REVIEWER PURSUANT TO THE TERMS OF THE AGREEMENT ENTERED BETWEEN THE CITY OF MIAMI AND THE UNITED STATES DEPARTMENT OF JUSTICE RELATING TO THE OVERSIGHT OF THE MPD'S PRACTICES AND POLICIES CONCERNING THE USE OF DEADLY FORCE; PROVIDING THE BOARD'S PURPOSES, POWERS, DUTIES, COMPOSITION, RULES OF PROCEDURE, MEETING, QUORUM, ASSIGNMENT OF PERSONNEL AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0144 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record: Direction by Vice Chair Russell to the City Manager to provide a report from the Community Advisory Board within the next 60 days, regarding their first year as a board. City ofMiami Page 20 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.11 RESOLUTION 1983 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROVISIONS OF CHAPTER 36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CITY CODE, ENTITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION", FOR THE "GET LOST" EVENT PRODUCED BY 9-ITE LIFE EVENT GROUP TO BE HELD AT 300 NORTHWEST 71ST STREET, MIAMI, FLORIDA COMMENCING ON MARCH 25, 2017 AND ENDING MARCH 26, 2017. ENACTMENT NUMBER: R-17-0145 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon RE.12 RESOLUTION 1969 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RECOMMENDING THAT THE CITY OF MIAMI FORMALLY JOIN THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT ("COMPACT") AS A MUNICIPAL PARTNER; ENDORSING THE MAYORS' CLIMATE ACTION PLEDGE, THEREBY AFFIRMING SUPPORT FOR THE COMPACT, AGREEING TO CONSIDER IMPLEMENTING THE REGIONAL CLIMATE ACTION PLAN, IN WHOLE OR IN PART, AND URGING ALL THE MAYORS OF MIAMI-DADE COUNTY TO SUPPORT AND ENDORSE THE MAYORS' CLIMATE ACTION PLEDGE. ENACTMENT NUMBER: R-17-0146 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon City of Miami Page 21 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.13 1901 Office of the City Clerk RE.14 1918 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY CLERK'S CERTIFICATION OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT'S ("WYNWOOD BID") AFFIDAVIT PROCESS FOR THE EXPANSION OF THE WYNWOOD BID BOUNDARIES. ENACTMENT NUMBER: R-17-0147 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALEXIS STEVENS, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $250,000.00 TO THE PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF ALEXIS STEVENS V. THE CITY OF MIAMI, PENDING BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 15-23931, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-17-0138 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 22 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 RE.15 RESOLUTION 1957 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CORRECTIVE COUNTY DEED AND AN AMENDED DECLARATION OF RESTRICTIONS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE EXTENSION OF TIME FRAMES GRANTED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY FOR THE CITY OF MIAMI TO COMMENCE AND COMPLETE CONSTRUCTION OF A PUBLIC MUNICIPAL PARKING GARAGE ON VIRGINIA KEY AND EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE USE OF PORTIONS OF VIRGINIA KEY TO BE USED AS PARKING DURING THE ANNUAL TENNIS TOURNAMENT CURRENTLY KNOWN AS THE MIAMI OPEN; APPROVING AND AUTHORIZING THE RECORDATION OF THE CORRECTIVE COUNTY DEED AND AMENDED DECLARATION OF RESTRICTIONS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO KEEP COPIES OF CORRECTIVE COUNTY DEED AND AMENDED DECLARATION OF RESTRICTIONS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-17-0148 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon RE.16 RESOLUTION 1996 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMPLEMENT INTERNAL CONTROL POLICIES AND PROCEDURES TO THE APPROPRIATION PROCESS OF CAPITAL IMPROVEMENT PROGRAM ("CIF) PROJECTS, PROHIBITING DUPLICATE APPROPRIATIONS OF FUNDS FOR THE SAME PROJECTS. ENACTMENT NUMBER: R-17-0149 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon City of Miami Page 23 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 END OF RESOLUTIONS City of Miami Page 24 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 BC.1 1979 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon City Manager Daniel J. Alfonso City of Miami Page 25 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 BU.1 1508 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED END OF BUDGET City of Miami Page 26 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 AC - ATTORNEY -CLIENT SESSION AC.1 ATTORNEY -CLIENT SESSION 1987 Office of the City Attorney UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 23, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF ALEXIS STEVENS V. CITY OF MIAMI, CASE NO. 15-23931, PENDING BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, STEPHANIE K. PANOFF AND BARBARA A. DIAZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon City of Miami Page 27 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 AC.2 1988 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 23, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN AND DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ- RIVAS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record: Item AC.2 was deferred to the April 13, 2017 Regular Commission Meeting. City of Miami Page 28 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 AC.3 1989 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 23, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. V. CITY OF MIAMI, CASE NO. SC13-1882, PENDING BEFORE THE FLORIDA SUPREME COURT, WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. V. CITY OF MIAMI, CASE NO. 1D12-2116, PENDING BEFORE THE FLORIDA FIRST DISTRICT COURT OF APPEAL, AND MIAMI ASSOCIATION OF FIRE FIGHTERS, LOCAL 587, OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS V. CITY OF MIAMI, CASE NO. SC14-1627, PENDING BEFORE THE FLORIDA SUPREME COURT, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY ATTORNEYS STEPHANIE K. PANOFF AND BARBARA DIAZ; LUKE SAVAGE, ESQ.; AND MICHAEL MATTIMORE, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record: Item AC3 was deferred to the April 13, 2017 Regular Commission Meeting. END OF ATTORNEY -CLIENT SESSION City of Miami Page 29 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 1607 Commissioners and Mayor FOLLOW UP DISCUSSION ITEM REGARDING CLASSIFIED VERSUS UNCLASSIFIED POSITIONS IN THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL. RESULT: DISCUSSED Note for the Record: A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, with Chair Hardemon absent, directing the City Attorney to prepare an amendment to Section 48 of the Charter for City Commission consideration and approval to be placed on the ballot for the November 17, 2017 General Municipal Election. DI.2 DISCUSSION ITEM 1896 Commissioners and Mayor DISCUSSION REGARDING THE CITY'S NEXT GENERAL OBLIGATION BOND. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record: Item DL2 was deferred to the April 13, 2017 Regular Commission Meeting. DI.3 DISCUSSION ITEM 1971 Commissioners and Mayor DISCUSSION REGARDING POTENTIAL SERVICES TO BE OFFERED TO THE CITY OF MIAMI BY IN-TELLIGENT. RESULT: DISCUSSED END OF DISCUSSION ITEMS City of Miami Page 30 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE First Reading 1577 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-R", URBAN CORE TRANSECT ZONE - RESTRICTED, TO "T6-48A-O", URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez PZ.2 ORDINANCE First Reading 1035 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.07± ACRES OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865 AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record: Item PZ.2 was deferred to the May 25, 2017 Planning and Zoning Commission Meeting. City ofMianai Page 31 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 PZ.3 ORDINANCE First Reading 1036 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-O "SUB -URBAN TRANSECT ZONE - OPEN", WITH A NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO T4-O "GENERAL URBAN TRANSECT ZONE - OPEN", WITH A NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record: Item PZ.3 was deferred to the May 25, 2017 Planning and Zoning Commission Meeting. PZ.4 ORDINANCE First Reading 1314 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS 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 OF .158± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record: Item PZ.4 was continued to the April 27, 2017 Planning and Zoning Commission Meeting. City ofMianai Page 32 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 PZ.5 ORDINANCE First Reading 1315 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM "T5-O", URBAN CENTER TRANSECT ZONE -OPEN, TO "T6-8-O", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record: Item PZ.5 was continued to the April 27, 2017 Planning and Zoning Commission Meeting. PZ.6 ORDINANCE First Reading 1675 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS 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 OF 1.05± ACRES OF REAL PROPERTIES AT APPROXIMATELY 2124, 2126, AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record: Item PZ.6 was continued to the April 27, 2017 Planning and Zoning Commission Meeting. City ofMiami Page 33 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 PZ.7 ORDINANCE First Reading 1676 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L", GENERAL URBAN TRANSECT ZONE -LIMITED, TO "T5-O", URBAN CENTER TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2124, 2126 AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record: Item PZ.7 was continued to the April 27, 2017 Planning and Zoning Commission Meeting. PZ.8 ORDINANCE First Reading 1673 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS 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 OF 0.179± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 3750 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record: Item PZ.8 was deferred to the May 25, 2017 Planning and Zoning Commission Meeting. City ofMiami Page 34 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 PZ.9 ORDINANCE First Reading 1674 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE SOUTHERN PORTION OF THE PROPERTY LOCATED AT APPROXIMATELY 3750 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, FROM "T4-O", GENERAL URBAN TRANSECT ZONE -OPEN", TO "T5-O", URBAN CENTER TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez Note for the Record: Item PZ.9 was deferred to the May 25, 2017 Planning and Zoning Commission Meeting. PZ.10 ORDINANCE First Reading 1232 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 3, SECTION 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS"; ESTABLISHING SUBSECTION 3.6.1(F); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Deny RESULT: DENIED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo ABSENT: Hardemon, Suarez City of Miami Page 35 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 PZ.11 RESOLUTION 1678 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY MICHAEL ESSER AND REVERSING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS THAT WAS SOUGHT IN ORDER TO ALLOW FOR THE DEMOLITION AND CONSTRUCTION OF A NEW PROPERTY LOCATED AT APPROXIMATELY 956 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, WHICH IS LOCATED WITHIN THE RIVERVIEW HISTORIC DISTRICT. ENACTMENT NUMBER: R-17-0155 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Carollo, Suarez ABSENT: Hardemon, Gort PZ.12 RESOLUTION 1679 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY MICHAEL ESSER AND REVERSING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS THAT WAS SOUGHT IN ORDER TO ALLOW FOR THE DEMOLITION AND CONSTRUCTION OF A NEW PROPERTY LOCATED AT APPROXIMATELY 964 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, WHICH IS LOCATED WITHIN THE RIVERVIEW HISTORIC DISTRICT. ENACTMENT NUMBER: R-17-0156 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Carollo, Suarez ABSENT: Hardemon, Gort City ofMiami Page 36 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 PZ.13 RESOLUTION 1915 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF A PUBLIC ALLEY, LOCATED AT 348 NORTHEAST 20 TERRACE, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA. RESULT: NO ACTION TAKEN PZ.14 RESOLUTION 1916 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF NORTHWEST 18 STREET, EAST OF NORTHWEST 7 AVENUE, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0154 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Carollo, Suarez ABSENT: Hardemon, Gort PZ.15 ORDINANCE Second Reading 1677 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS", TO ADD A DEFINITION FOR ATTAINABLE WORKFORCE HOUSING; AND BY AMENDING ARTICLE 3, CREATING A NEW SECTION 3.16, ENTITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS", TO ADD INCENTIVES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING ENTIRELY FOR WORKFORCE POPULATIONS ABOVE SIXTY PERCENT (60%) OF THE AREA MEDIAN INCOME ("AMI") AND AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF THE AMI AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13672 City of Miami Page 37 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Carollo, Suarez ABSENT: Hardemon, Gort PZ.16 ORDINANCE Second Reading 1233 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD CREW QUARTERS; AND BY AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13673 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Carollo, Suarez ABSENT: Hardemon, Gort PZ.17 ORDINANCE Second Reading 1131 Department of Planning and Zoning 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, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS", TO ALLOW A DISTANCE SEPARATION REQUIREMENT FOR PUBLIC STORAGE FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13674 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Carollo, Suarez ABSENT: Hardemon, Gort END OF PLANNING AND ZONING ITEM(S) City of Miami Page 38 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 39 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 40 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 41 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 42 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 43 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 44 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 FL - FUTURE LEGISLATION FL.1 ORDINANCE 1972 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2 ENTITLED "DEFINITIONS OF TERMS", ARTICLE 4, TABLE 3 "BUILDING FUNCTION: USES" AND ARTICLE 6, TABLE 13 ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 45 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 NA.1 2040 Office of the City Clerk NA.2 2042 Commissioners and Mayor RESOLUTIONS NA - NON AGENDA ITEM(S) PERSONAL APPEARANCE PERSONAL APPEARANCE - RUIZ TRANS DEVELOPMENT RESULT: DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE BILL 1048 AND HOUSE BILL 1055 AMENDING SECTION 163.3221, FLORIDA STATUTES ("F.S."), OF THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT, ENTITLED "FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT; DEFINITIONS", AND SECTION 380.04, F.S., OF THE FLORIDA ENVIRONMENTAL LAND AND WATER MANAGEMENT ACT OF 1972, ENTITLED "DEFINITION OF DEVELOPMENT", REVISING THE DEFINITION OF THE TERM "DEVELOPMENT" TO EXCLUDE WORK BY CERTAIN UTILITY PROVIDERS ON UTILITY INFRASTRUCTURE ON CERTAIN RIGHTS -OF -WAY OR CORRIDORS AND REVISING THE DEFINITION TO EXCLUDE THE CREATION OR TERMINATION OF DISTRIBUTION AND TRANSMISSION CORRIDORS; FURTHER OPPOSING SENATE BILL 1048 AND HOUSE BILL 1055 AMENDING SECTION 403.511, F.S., OF THE FLORIDA ELECTRICAL POWER PLANT SITING ACT, ENTITLED "EFFECT OF CERTIFICATION", AND SECTION 403.531, F.S., OF THE FLORIDA ELECTRIC TRANSMISSION LINE SITING ACT, ENTITLED "EFFECT OF CERTIFICATION", REQUIRING THE CONSIDERATION OF A CERTAIN VARIANCE STANDARD WHEN INCLUDING CONDITIONS FOR THE CERTIFICATION OF AN ELECTRICAL POWER PLANT OR A PROPOSED TRANSMISSION LINE CORRIDOR AND CLARIFYING THAT THE PUBLIC SERVICE COMMISSION HAS EXCLUSIVE JURISDICTION TO REQUIRE UNDERGROUND TRANSMISSION LINES; DIRECTING THE CITY MANAGER TO ADD TO THE CITY'S 2017 LEGISLATIVE PRIORITIES OPPOSITION, INCLUDING PROPOSING AND SUPPORTING FAVORABLE AMENDMENTS, FOR SAID AMENDMENTS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-17-0134 City of Miami Page 46 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 NA.3 2053 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE APRIL 13, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN AND DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ- RIVAS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED City of Miami Page 47 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 NA.4 2054 Office of the City Clerk ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE APRIL 13, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. V. CITY OF MIAMI, CASE NO. SC13-1882, PENDING BEFORE THE FLORIDA SUPREME COURT, WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. V. CITY OF MIAMI, CASE NO. 1D12-2116, PENDING BEFORE THE FLORIDA FIRST DISTRICT COURT OF APPEAL, FRATERNAL ORDER OF POLICE, MIAMI LODGE #20 V. CITY OF MIAMI, ET AL., CASE NO. SC14-1639, PENDING BEFORE THE FLORIDA SUPREME COURT, AND MIAMI ASSOCIATION OF FIRE FIGHTERS, LOCAL 587, OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS V. CITY OF MIAMI, CASE NO. SC14-1627, PENDING BEFORE THE FLORIDA SUPREME COURT, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY ATTORNEYS STEPHANIE K. PANOFF AND BARBARA DIAZ; LUKE SAVAGE, ESQ.; AND MICHAEL MATTIMORE, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED City of Miami Page 48 Printed on 3/30/2017 City Commission Marked Agenda March 23, 2017 NA.5 2084 Office of the City Clerk ADJOURNMENT DISCUSSION ITEM CITY ATTORNEY, VICTORIA MENDEZ, CONGRATULATED AND PROVIDED WELL WISHES TO DANIEL S. GOLDBERG, ASSISTANT CITY ATTORNEY, ON HIS DEPARTURE FROM THE CITY OF MIAMI. RESULT: DISCUSSED The meeting adjourned at 12:17 a m. City of Miami Page 49 Printed on 3/30/2017