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HomeMy WebLinkAboutCC 2019-01-24 Marked Agendasip ()j..tf 1NCI[A /MAUUI >r 11 71 City of Miami Marked Agenda City Commission Francis X. Suarez, Mayor Ken Russell, Chair, District Two Wifredo (Willy) Gort, Vice Chair, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, January 24, 2019 9:00 AM City Hall 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 24th day of January 2019, 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 Russell at 9:05 a.m., recessed at 11:34 a.m., reconvened at 12:25 p.m., recessed at 12:25 p.m., reconvened at 2:31 p.m., recessed at 9:10 p.m., reconvened at 9:25 p.m., and adjourned at 11:14 p.m. Note for the Record: Commissioner Reyes entered the Commission chambers at 9:06 a.m., Commissioner Hardemon entered the Commission chambers at 9:08 a.m., and Commissioner Carollo entered the Commission chambers at 9:25 a.m. ALSO PRESENT: Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART A - NON -PLANNING AND ZONING ITEM(S) PR -PRESENTATIONS AND PROCAMATIONS 5461 PROTOCOL ITEM Honoree Presenter Protocol Item Devin M. Cejas Mayor Suarez Proclamation City of Miami Page 1 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to Mr. Devin M. Cejas. Mr. Devin M. Cejas is a dedicated and hardworking community leader who served as Director of the City of Miami Zoning Department. Mr. Cejas also served our community as City of Miami Zoning Administrator, Zoning Manager, Zoning Plans Examiner, and WALK Landscape Architecture and Urban Design Corporation Project Manager. As Director of the Department of Zoning, Mr. Cejas diligently worked to assist residents of the City Miami and improve the services provided by the department. For example, he established the City new permitting system for the Building, Zoning, Planning, Public Works, and Capital Improvement Departments, ensured that the City s zoning ordinances followed state law, and improved the processing time for City Permits and Certificates of Use by 75%. His lengthy public - sector career, has earned numerous prestigious awards, including the 2012 American Society of Landscape Architects, Florida Chapter (FLASLA) Award of Merit in Urban Streetscape and Public Space Project and the 2011 Florida International University (FIU) Faculty Award on Excellence in Academic Achievement. Mr. Cejas is a devoted member of our community whose deep passion and expertise on residential and commercial landscape have allowed him to teach university level courses, and has participated as juror on selected university projects. The Elected Leadership of the City of Miami paused in their deliberations of governance to honor and commend Mr. Devin M. Cejas' accomplishments and wished him farewell and good luck in his new endeavor; thereby proclaiming Thursday, January 24, 2019 as `Devin M. Cejas Day" in the City of Miami. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Oct 11, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo ORDER OF THE DAY PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) 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 2 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo CA.1 RESOLUTION 5277 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY") PURSUANT TO A 2016 CONSENT AGREEMENT BETWEEN THE COUNTY AND THE CITY OF MIAMI ("CITY"), IN SUBSTANTIALLY THE ATTACHED FORM ("RESTRICTIVE COVENANT"), AS PART OF THE CITY'S REQUISITE APPROVAL FROM THE COUNTY'S DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT, FOR THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B40668, MIAMI MARINE STADIUM, CONCERNING THE PLANTING OF MANGROVES IN A DESIGNATED "MITIGATION AREA" FOR PRESERVATION AND MANAGEMENT AT THE MIAMI MARINE STADIUM ("PROPERTY") IN ACCORDANCE WITH THE CONDITIONS OF CLASS I PERMIT NO. CLI-2016-0388. ENACTMENT NUMBER: R-19-0035 This matter was ADOPTED on the Consent Agenda. City ofMiami Page 3 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 CA.2 RESOLUTION 5307 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 MIAMI- DADE COUNTY ("COUNTY") FOR THE USE OF APPROXIMATELY FOUR THOUSAND EIGHT HUNDRED TEN SQUARE FEET (4,810) OF OFFICE SPACE IN THE CITY -OWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, KNOWN AS THE MANUEL ARTIME COMMUNITY CENTER, WITH AN INITIAL MONTHLY RENTAL FEE OF SIX THOUSAND THREE HUNDRED SEVENTY NINE DOLLARS AND 46/100 ($6,379.46) AND INCREASES OF THREE PERCENT (3%) PER YEAR FOR A PERIOD OF FIVE (5) YEARS, WITH TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW WITH A FUTURE RENT MODIFICATION AND REDUCTION TO ONE DOLLAR ($1.00) PER ANNUM FOR THE REMAINING TERM, INCLUDING ALL OPTION PERIODS, CONDITIONED UPON (1) RATIFICATION BY ALL PARTIES OF THE PENDING LEASE AGREEMENT BETWEEN THE CITY AND THE COUNTY FOR THE USE OF TWO THOUSAND EIGHT HUNDRED EIGHTY TWO (2882) SQUARE FEET OF OFFICE SPACE IN THE COUNTY -OWNED PROPERTY LOCATED AT 1897 NORTHWEST 20TH STREET, MIAMI, FLORIDA ("NET OFFICE LEASE") FOR THE PURPOSE OF OPERATING A CITY NEIGHBORHOOD ENHANCEMENT TEAM ("NET") OFFICE AND (2) RATIFICATION OF A POSSESSION DATE CERTIFICATE UNDER THE TERMS AND CONDITIONS OF THE NET OFFICE LEASE, ATTACHED AND INCORPORATED AS EXHIBIT "A," AS STATED THEREIN; WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. ENACTMENT NUMBER: R-19-0036 This matter was ADOPTED on the Consent Agenda. CA.3 RESOLUTION 5309 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 MIAMI- DADE COUNTY ("COUNTY") FOR THE USE OF APPROXIMATELY TWO THOUSAND EIGHT HUNDRED EIGHTY TWO (2,882) SQUARE FEET OF OFFICE SPACE IN THE COUNTY -OWNED BUILDING LOCATED AT 1897 NORTHWEST 20TH STREET, MIAMI, FLORIDA FOR A FIXED ANNUAL RENTAL FEE OF ONE DOLLAR ($1.00) FOR A PERIOD OF FIVE (5) YEARS WITH TWO (2) ADDITIONAL FIVE (5) YEAR OPTIONS TO RENEW FOR THE PURPOSE OF OPERATING A CITY NEIGHBORHOOD ENHANCEMENT TEAM OFFICE TO PROVIDE RELATED RESIDENT SERVICES. ENACTMENT NUMBER: R-19-0037 City ofMiami Page 4 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 This matter was ADOPTED on the Consent Agenda. CA.4 RESOLUTION - Item Pulled from Consent 5306 Department of Real Estate and Asset Management CA.5 5247 Department of Fire - Rescue A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND ACCEPTING A DONATION OF $800,000.00 FROM MIAMI-DADE COUNTY ("COUNTY") PURSUANT TO COUNTY RESOLUTION NO. 650-18 ADOPTED ON JULY 10, 2018, APPROVING THE ALLOCATION OF $800,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM NUMBER 220 — "ACQUIRE OR CONSTRUCT MULTI -PURPOSE FACILITIES," FOR THE PURPOSE OF RENOVATING AND EXPANDING TWO (2) EXISTING CITY OF MIAMI OWNED BUILDINGS CURRENTLY OPERATED BY SOUTHWEST SOCIAL SERVICES PROGRAMS, INC. AS THE DR. ARMANDO BADIA SENIOR CENTER LOCATED AT 25 TAMIAMI BLVD, MIAMI, FLORIDA (A/K/A FLAGAMI PARK). MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item CA.4 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARTICIPATING AGENCIES TO EFFECTUATE THE APPORTIONING OF GRANT FUNDS PREVIOUSLY RECEIVED FROM THE DEPARTMENT OF HOMELAND SECURITY ("DHS"), FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), AND ALLOCATED VIA RESOLUTION NO. 17-0494, ADOPTED ON OCTOBER 26, 2017, TO SPECIAL REVENUE PROJECT "FISCAL YEAR 2016 — PROGRAM TO PREPARE COMMUNITIES FOR COMPLEX COORDINATED TERRORIST ATTACKS," TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE AND THE SOUTHEAST FLORIDA REGION, TO ENHANCE AND SUSTAIN THE REGIONAL PREPAREDNESS FOR COMPLEX COORDINATED TERRORIST ATTACKS. ENACTMENT NUMBER: R-19-0038 This matter was ADOPTED on the Consent Agenda. City ofMiami Page 5 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 CA.6 RESOLUTION 5269 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE"), AND THE CITY OF MIAMI ("CITY") TO PROVIDE FUNDING FOR THE CITY'S HOMELESS SHELTER PROGRAM, TO INCLUDE THE PROVISION OF SEVENTY-FIVE (75) BEDS IN THE CAMILLUS HOUSE NORWEGIAN CRUISE LINE CAMPUS EMERGENCY SHELTER, FOR NIGHTLY USAGE BY HOMELESS INDIVIDUALS AND PROVIDING OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS WHO ARE PLACED BY A MIAMI POLICE OFFICER IN ACCORDANCE WITH THE POTTINGER SETTLEMENT ("AGREEMENT") AT THE TOTAL COST OF FOUR HUNDRED SIXTY THOUSAND DOLLARS ($460,000.00), WITH CONDITIONS AS STATED IN THE AGREEMENT, PAYABLE BY THE CITY TO CAMILLUS HOUSE IN TWELVE (12) MONTHLY INSTALLMENTS ("GRANT") COMMENCING DURING THE CITY'S 2018-2019 FISCAL YEAR FOR AN INITIAL PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS OF CITY SPONSORSHIP GRANT FUNDING UNDER THE SAME TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDING AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE AND FURTHER THE GRANT ALLOCATION AND APPROPRIATION. ENACTMENT NUMBER: R-19-0039 This matter was ADOPTED on the Consent Agenda. City of Miami Page 6 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 CA.7 RESOLUTION 5270 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE") AND THE CITY OF MIAMI ("CITY") TO PROVIDE GRANT FUNDING FOR THE CAMILLUS HOUSE DAY SERVICES PROGRAM WHICH IS DESIGNED TO PROVIDE MEANINGFUL AND ENGAGING ACTIVITIES FOR QUALIFYING PARTICIPANTS AND TO PROVIDE SAID PARTICIPANTS WITH, A HOT MEAL, A SHOWER, MAILBOXES AND IDENTIFICATION SERVICES TO ASSIST WITH RE-ESTABLISHING THEIR CORRESPONDENCE AND IDENTIFICATION, AMONG OTHER THINGS, , A UNIQUE SERVICE PROVIDED SOLELY BY CAMILLUS HOUSE IN THE CITY ("PROGRAM") AT A TOTAL COST OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) WITH CONDITIONS AS STATED IN THE AGREEMENT, PAYABLE BY THE CITY TO CAMILLUS HOUSE IN TWELVE (12) MONTHLY INSTALLMENTS ("GRANT") COMMENCING DURING THE CITY'S 2018-2019 FISCAL YEAR FOR AN INITIAL PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS OF CITY SPONSORSHIP GRANT FUNDING UNDER THE SAME TERMS AND CONDITIONS IN THE AGREEMENT AND SUBJECT TO THE AVAILABILITY OF FUNDING AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE WITH CAMILLUS HOUSE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE AND FURTHER THE GRANT ALLOCATION AND APPROPRIATION. ENACTMENT NUMBER: R-19-0040 This matter was ADOPTED on the Consent Agenda. City of Miami Page 7 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 CA.8 RESOLUTION 5169 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF VICTOR PALACIOS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $80,000.00 INCLUSIVE OF COSTS AND ATTORNEY'S FEES 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, 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 $79,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0041 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA City ofMiami Page 8 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PH - PUBLIC HEARINGS PH.1 RESOLUTION 4340 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO AND FOR THE BENEFIT OF LINDEN AIRPORT SERVICES CORPORATION D/B/A WATSON ISLAND HELIPORT CORPORATION, A FLORIDA CORPORATION ("LINDEN"), FORA TEMPORARY, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIFTY-FIVE THOUSAND EIGHT HUNDRED SEVEN (55,807) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED ON A PORTION OF LAND AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, COMPRISED OF PARCELS "A" AND "B," MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" OF THE EASEMENT AGREEMENT, ATTACHED AND INCORPORATED, FOR THE LIMITED PURPOSE OF (1) CONSTRUCTING, INSTALLING, OPERATING, AND MAINTAINING A DRIVEWAY TO PROVIDE INGRESS AND EGRESS TO THE HELIPORT FOR FUELING, USE OF EMERGENCY VEHICLES, AND OTHER RELATED PURPOSES AND (2) PROVIDING CONSTRUCTION AND OPERATIONS OFFICES RELATED TO THE PROJECT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT FOR A TERM NOT TO EXCEED THE EARLIER OF (1) RECEIPT OF A CERTIFICATE OF OCCUPANCY OF THE HELIPORT FACILITIES OR (2) AN EARLIER DATE MUTUALLY AGREED TO BY THE CITY AND LINDEN. ENACTMENT NUMBER: R-19-0042 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo City ofMiami Page 9 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PH.2 RESOLUTION 5352 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "BUENA VISTA VENTURE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-19-0043 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo PH.3 RESOLUTION 5396 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MIAMI BAYSIDE"), IN SUPPORT OF THE WILLY GORT SCHOLARSHIP PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0044 City of Miami Page 10 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo PH.4 RESOLUTION 5207 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND ACCEPTING A DONATION OF $800,000.00 FROM MIAMI-DADE COUNTY ("COUNTY") PURSUANT TO COUNTY RESOLUTION NO. 650-18 ADOPTED ON JULY 10, 2018, APPROVING THE ALLOCATION OF $800,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM NUMBER 220 - "ACQUIRE OR CONSTRUCT MULTI -PURPOSE FACILITIES," FOR THE PURPOSE OF RENOVATING AND EXPANDING TWO (2) EXISTING CITY OF MIAMI OWNED BUILDINGS CURRENTLY OPERATED BY SOUTHWEST SOCIAL SERVICES PROGRAMS, INC. AS THE DR. ARMANDO BADIA SENIOR CENTER LOCATED AT 25 TAMIAMI BLVD, MIAMI, FLORIDA (A/K/A FLAGAMI PARK). ENACTMENT NUMBER: R-19-0051 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon END OF PUBLIC HEARINGS City of Miami Page 11 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 SR - SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 2099 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Planning ("CITY CODE"), ENTITLED "PLANNING AND ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT, AND AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET REVIEW OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo END OF SECOND READING ORDINANCE City of Miami Page 12 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 FR.1 FR - FIRST READING ORDINANCE ORDINANCE First Reading 4407 MAY BE INDEFINITELY DEFERRED Office of the City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," BY AMENDING SECTION 22-1 OF THE CITY CODE TO ADD A DEFINITION FOR "CITY"; AMENDING SECTION 22-14 OF THE CITY CODE TO PROVIDE THE CITY MANAGER MAY ADDITIONALLY AUTHORIZE THE COLLECTION OF SOLID WASTE BY COMMERCIAL SOLID WASTE COLLECTORS; AMENDING SECTION 22-46 OF THE CITY CODE TO PROVIDE THAT THE CITY MANAGER MAY ADDITIONALLY GRANT OR RENEW FRANCHISES SUBJECT TO CHAPTER 22; AMENDING SECTION 22-47 OF THE CITY CODE TO PROVIDE THAT APPLICATIONS FOR A FRANCHISE MAY BE RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION OR THE CITY MANAGER; FURTHER AMENDING SECTION 22-56 OF THE CITY CODE TO PROVIDE THAT ISSUANCE OF A FRANCHISE MAY BE APPROVED BY THE CITY COMMISSION OR BY THE CITY MANAGER; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo END OF FIRST READING ORDINANCE City of Miami Page 13 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 RE - RESOLUTIONS RE.1 RESOLUTION 4335 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS AND HOLD HARMLESS/INDEMNIFICATION AGREEMENT ("ACCESS AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI-DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD"), WHEREBY THE CITY GRANTS TO THE SCHOOL BOARD TEMPORARY ACCESS RIGHTS TO REMOVE THE PEDESTRIAN BRIDGE CONNECTING MIAMI EDISON SENIOR HIGH SCHOOL LOCATED AT 6101 NORTHWEST 5TH COURT, MIAMI, FLORIDA, THE CITY -OWNED PROPERTY LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA AND KNOWN AS ATHALIE RANGE PARK, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City of Miami Page 14 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 RE.2 RESOLUTION 3811 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOMMENDING TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ITS APPROVAL OF THE STATE HISTORIC PRESERVATION OFFICE'S NOMINATION TO ADD THE BACARDI BUILDING COMPLEX ("BACARDI COMPLEX") TO THE NATIONAL REGISTER OF HISTORIC PLACES AS THE BACARDI COMPLEX MEETS NATIONAL REGISTER CRITERIA C: THE PROPERTY EMBODIES THE DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, OR METHOD OF CONSTRUCTION IN THE AREAS OF ARCHITECTURE AND ART, AS THE BUILDINGS ARE LOCALLY SIGNIFICANT EXAMPLES OF THE INTERNATIONAL STYLE OF ARCHITECTURE, WITH UNIQUE ARTISTIC FLAIRS WHICH DISREGARD SOME OF THE FUNDAMENTAL TENETS OF THE STYLE; AND NATIONAL REGISTER CRITERIA CONSIDERATION G: THE PROPERTY IS LESS THAN FIFTY (50) YEARS OF AGE AND, WHILE THE BACARDI COMPLEX WAS CREATED IN 1963, THE ADMINISTRATION BUILDING WAS CONSTRUCTED IN 1973, BUT CONTRIBUTES TO THE SIGNIFICANCE OF THE COMPLEX BECAUSE IT FOLLOWS MANY OF THE SAME DESIGN PRINCIPLES AND INFLUENCES AS THE ORIGINAL PARTS OF THE BACARDI COMPLEX AND DOES NOT DETRACT FROM THE RESOURCE. ENACTMENT NUMBER: R-19-0045 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo City of Miami Page 15 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 RE.3 5366 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD"), BY AND ON BEHALF OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT ("MDSPD") AND THE CITY OF MIAMI ("CITY"), FOR THE PROVISION OF SCHOOL BASED LAW ENFORCEMENT OFFICERS TO THIRTY-THREE (33) PUBLIC SCHOOLS LOCATED IN THE CITY OF MIAMI'S ("CITY") JURISDICTION AND TO ACCEPT FUNDS FROM THE SCHOOL BOARD, IN THE AMOUNT OF $35,088.00 PER SCHOOL FOR THE DURATION OF THE 2018- 2019 SCHOOL YEAR, TOTALING $1,157,904.00, OF WHICH $180,118.40 OF THE TOTAL WILL BE APPLIED TO AUGUST AND SEPTEMBER OF CITY'S FISCAL YEAR ("FY") 2017-2018 BUDGET AND THE REMAINING BALANCE OF $977,785.60 IN FUNDING SHALL BE APPLIED TO THE CITY'S FY 2018-2019 BUDGET; AUTHORIZING THE CITY TO PROVIDE MATCHING FUNDS IN AN APPROXIMATE AMOUNT OF $1,088,465.85 FROM GENERAL FUND ACCOUNT NO. 00001.190101.514000, RESULTING IN AN APPROXIMATE TOTAL FISCAL IMPACT OF $2,246,369.85; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDS, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE TERMS OF THE MOU. ENACTMENT NUMBER: R-19-0046 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City of Miami Page 16 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 RE.4 RESOLUTION 5390 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MANGO ROAD LLC, A FLORIDA LIMITED LIABILITY COMPANY ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2445 SOUTHWEST 5TH AVENUE AND 471 SOUTHWEST 25TH ROAD, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY") WITH AN APPROXIMATE TOTAL AREA OF 12,700 SQUARE FEET, AS SHALL BE LEGALLY DESCRIBED IN THE AGREEMENT, FOR A TOTAL PURCHASE PRICE OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00); ALLOCATING FUNDS FROM THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B183415, DISTRICT 3 PARK LAND ACQUISITION IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THIRTY THOUSAND DOLLARS ($1,130,000.00) TO COVER THE COST OF SAID ACQUISITION, INCLUDING THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION. ENACTMENT NUMBER: R-19-0049 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City of Miami Page 17 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 RE.5 RESOLUTION 5408 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE CITY MANAGER'S RECOMMENDATION ADOPTING THE RECOMMENDATION BY CBRE, INC. TO SELECT THE NEXUS RIVERSIDE SITE, LOCATED AT 230 SOUTHWEST 3 STREET, MIAMI, FLORIDA ("NEXUS SITE"), AS THE LOCATION FOR THE NEW CITY OF MIAMI ("CITY") ADMINISTRATIVE BUILDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE NECESSARY AGREEMENTS FOR THE DEVELOPMENT OF A NEW CITY ADMINISTRATIVE FACILITY ON THE NEXUS SITE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND PRESENT TO THE CITY COMMISSION FOR FINAL APPROVAL PRIOR TO EXECUTION; FURTHER PROVIDING THAT THE SELECTION OF THE NEXUS SITE DOES NOT CONSTITUTE AN AWARD OR CONFER ANY CONTRACTUAL, OR PROPERTY, RIGHTS UPON THE LANCELOT MIAMI RIVER, L.L.C. UNLESS AND UNTIL THE APPLICABLE AGREEMENTS ARE APPROVED BY CITY COMMISSION AND EXECUTED BY THE PARTIES. ENACTMENT NUMBER: R-19-0050 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo, Reyes RE.6 RESOLUTION 5410 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE INTERNATIONAL HUMAN RIGHTS CAMPAIGN ORGANIZED BY ROSA MARIA PAYA ACEVEDO KNOWN AS "NI UNO MAS," TRANSLATED AS "NOT ONE MORE," AND REFERRED TO ON SOCIAL MEDIA AS "#NI1+," ESTABLISHED TO PROMOTE THE DEMOCRATIZATION OF CUBA AND THE END OF THE DICTATORSHIP IN CUBA. ENACTMENT NUMBER: R-19-0047 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City of Miami Page 18 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 RE.7 RESOLUTION 5411 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION JOINING THE ORGANIZATION OF AMERICAN STATES, THE EUROPEAN UNION, AND THE "GRUPO DE LIMA," IN THEIR RECOGNITION OF THE CONSTITUTIONAL AUTHORITY OF THE NATIONAL ASSEMBLY AND THE NON -RECOGNITION OF THE NICOLAS MADURO NARCO-DICTATORSHIP THAT COMMENCED ON JANUARY 10, 2019; FURTHER EXPRESSING SOLIDARITY WITH THE VENEZUELAN PEOPLE AND CALLING FOR THE RE- ESTABLISHMENT OF DEMOCRACY IN VENEZUELA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-19-0048 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon END OF RESOLUTIONS City of Miami Page 19 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 AC.1 5405 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JANUARY 24, 2019 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS AND/OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.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, WHICH INCLUDE CHAIRMAN KEN RUSSELL, VICE-CHAIRMAN WIFREDO "WILLY" GORT, AND COMMISSIONERS JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; LAURA BESVINICK, ESQ.; AND JULIE NEVINS, 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 END OF ATTORNEY CLIENT SESSION City ofMiami Page 20 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 BU.1 4959 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 ofMiami Page 21 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 5182 Office of the City Attorney DISCUSSION ITEM REGARDING A NOTICE TO THE CITY COMMISSION THAT AN AFFIDAVIT OR CERTIFICATE WILL BE FILED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA REGARDING A DECLARATION OF RESTRICTIONS FILED AT BOOK 12000, PAGE 2469, FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, COMMONLY REFERRED TO AS "BABYLON APARTMENTS." MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record: Item DI.1 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. END OF DISCUSSION ITEM City ofMiami Page 22 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ ORDER OF THE DAY 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 Second Reading 4664 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO THE Planning AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN FLAGLER HOLDING GROUP, INC., MONTE CARLO ASSOCIATES (DEL.) LLC, HALF -CIRCLE PROPERTY (DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC, LOVELY RITA ACQUISITIONS, LLC, OAK PLAZA ASSOCIATES (DEL.) LLC, BEN NEWTON LLC, SWEET VIRGINIA ACQUISITIONS, LLC, DACRA DESIGN MOORE (DEL.) LLC, FCAA, LLC, DACRA DESIGN 4141 LLC, PENNY LANE ACQUISITIONS, LLC, UPTOWN GIRL DEVELOPMENT, LLC, SUN KING, LLC, MDDA MORNING DEW, LLC, TINY DANCER ACQUISITIONS, LLC, AND THE CITY OF MIAMI ("CITY") REGARDING THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("MDDRS SAP") FOR THE PURPOSE OF RELEASING FLAGLER HOLDING GROUP, INC. ("FLAGLER") FROM THE MDDRS SAP DEVELOPMENT AGREEMENT AND REMOVING THE PROPERTY LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED WITH THE INTENTION THAT FLAGLER WILL ENTER INTO A NEW DEVELOPMENT AGREEMENT WITH THE CITY THAT IS SUBSTANTIALLY SIMILAR IN NATURE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13802 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo City ofMiami Page 23 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.2 ORDINANCE Second Reading 4665 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLAGLER HOLDING GROUP, INC., A FLORIDA PROFIT CORPORATION, AND THE CITY OF MIAMI ("CITY"), RELATED TO THE PROPERTY LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, ASSOCIATED WITH THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA" ("MDDRS SAP") FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE, AND ANY OTHER USES AUTHORIZED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND THE CITY'S ZONING DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13803 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo PZ.3 ORDINANCE Second Reading 4857 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE Planning FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE 0.318 ± ACRES OF THE WESTERN PORTION OF REAL PROPERTY LOCATED AT 201 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A-1"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13807 City ofMiami Page 24 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo PZ.4 ORDINANCE Second Reading 4858 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN TRANSECT ZONE -LIMITED," TO T5-O, "URBAN CENTER TRANSECT ZONE — OPEN," FOR APPROXIMATELY .318 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 201 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A-1"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13808 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo PZ.5 ORDINANCE Second Reading 2773 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, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS", AMENDING ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT SETBACKS", AND ADDING DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, TITLED "WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13804 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo City ofMiami Page 25 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.6 ORDINANCE Second Reading 4204 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, MORE SPECIFICALLY BY AMENDING APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS ("NRD"), SECTION 3.1, TITLED "OFF-STREET PARKING AND LOADING STANDARDS," AND SECTION 5.1, TITLED "URBAN CENTER TRANSECT ZONE," BY MODIFYING THE STANDARDS FOR SMALL-SCALE COMMERCIAL BUILDINGS AND APPLICABLE PARKING RELAXATIONS WITHIN THE NRD-1 BOUNDARIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13805 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo PZ.7 ORDINANCE Second Reading 1909 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING Planning ARTICLE 1, SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS AND ECONOMIC INCENTIVES FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort City ofMiami Page 26 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.8 ORDINANCE Second Reading 4677 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 ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; AMENDING ARTICLE 3, SECTION 3.15 OF THE MIAMI 21 CODE, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record: Item PZ.8 was deferred to the April 25, 2019, Planning and Zoning Commission Meeting. City ofMiami Page 27 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.9 ORDINANCE First Reading 3001 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, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: Item PZ.9 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. PZ.9 ORDINANCE First Reading 3001 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, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Carollo, Reyes NAYS: Russell ABSENT: Hardemon City ofMiami Page 28 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.9 ORDINANCE First Reading 3001 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, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: Item PZ.9 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. PZ.10 ORDINANCE Second Reading 4856 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, BY CHANGING THE ZONING CLASSIFICATION FROM T6-8-L, "URBAN CORE — LIMITED," TO T6- 12-L, "URBAN CORE -LIMITED," OF THE PROPERTIES LOCATED AT APPROXIMATELY 4865, 4875, AND 4885 NORTHWEST 7 STREET MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS PROFFERED BY THE APPLICANT, ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Hardemon ABSENT: Gort Note for the Record: Item PZ.10 was continued to the February 28, 2019, Planning and Zoning Commission Meeting. City ofMiami Page 29 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.11 ORDINANCE Second Reading 5094 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 "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 2512, 2522, 2534, 2542, AND 2550 SOUTHWEST 1 STREET AND 2515, 2527, 2535, 2541, AND 2551 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13822 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes PZ.12 ORDINANCE Second Reading 5096 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED ("MIAMI 21"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUBURBAN TRANSECT ZONE - OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE -OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2550, 2542, 2534, 2522, AND 2512 SOUTHWEST 1 STREET AND 2551, 2541, 2535, 2527, AND 2515 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN TRANSECT ZONE -LIMITED, TO "T4-O," GENERAL URBAN TRANSECT ZONE -OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2612 AND 2600 SOUTHWEST 1 STREET AND 2611 AND 2601 SOUTHWEST 2 STREET, MIAMI, FLORIDA, WITH ALL PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; APPROVING THE REQUEST TO WAIVE THE EIGHTEEN (18) MONTH TIME LIMITATION AS SPECIFIED IN ARTICLE 7, SECTION 7.1.2.8(G)(7) OF MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13823 City ofMiami Page 30 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes PZ.13 ORDINANCE Second Reading 5093 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), APPROVING THE THIRD AMENDMENT TO THE PREVIOUSLY APPROVED "BRICKELL CITY CENTRE SPECIAL AREA PLAN" ("BCC SAP") TO ADD ADDITIONAL PROPERTIES GENERALLY LOCATED AT 500, 602, 614, 622, 626, 630, AND 640 SOUTH MIAMI AVENUE, 11, 21, 31, 37, 45, AND 55 SOUTHWEST 7 STREET, AND 19 AND 42 SOUTHWEST 6 STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; SPECIFICALLY APPROVING A) ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 608,235 SQUARE FEET (13.96 ACRES); B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A TOTAL OF 810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D) INCREASING PARKING SPACES ABOVE GROUND BY 1,231 SPACES FOR A TOTAL OF 6,295 SPACES; AND E) INCREASING CIVIC SPACE AT THE GROUND LEVEL BY APPROXIMATELY 11,718 SQUARE FEET FOR A TOTAL OF 58,400 SQUARE FEET, THE SQUARE FOOTAGES LISTED ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 10,948,230 SQUARE FEET OF FLOOR AREA OR PROVIDE NO LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE AND NO LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; FURTHER AMENDING THE BOUNDARY OF THE PREVIOUSLY APPROVED BCC SAP; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13824 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon City ofMiami Page 31 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.14 ORDINANCE Second Reading 5090 AN ORDINANCE OF THE MIAMI CITY COMMISSION, Department of WITH ATTACHMENT(S), APPROVING A SECOND Planning DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES BETWEEN TOBACCO ROAD PROPERTY HOLDINGS, LLC, BCC ROAD IMPROVEMENT LLC, AND 2 INDIAN CREEK HOLDINGS, LLC (COLLECTIVELY, "APPLICANT") AND THE CITY OF MIAMI TO GOVERN THE THIRD AMENDMENT TO THE PREVIOUSLY APPROVED BRICKELL CITY CENTRE SPECIAL AREA PLAN ("BCC -SAP") BY EXPANDING THE BOUNDARIES TO ENCOMPASS TWO (2) ADDITIONAL BUILDING SITES IDENTIFIED AS "BCC-650 SMA" AND "BCC -AP" COMPRISED OF THE PROPERTIES LOCATED AT APPROXIMATELY 500, 602, 614, 622, 626, 630, AND 640 SOUTH MIAMI AVENUE, 11, 21, 31, 37, 45, AND 55 SOUTHWEST 7 STREET, AND 19 AND 42 SOUTHWEST 6 STREET, MIAMI, FLORIDA, BETTER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC -SAP AND PERMITTED BY THE EXISTING T6-48B-O TRANSECT ZONE DESIGNATION; THE AMENDMENT IS PROPOSING A) ADDING APPROXIMATELY 104,287 SQUARE FEET (2.39 ACRES) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 608,235 SQUARE FEET (13.96 ACRES); B) INCREASING THE RETAIL / ENTERTAINMENT AREA BY 87,284 SQUARE FEET TO A TOTAL OF 810,859 SQUARE FEET; C) INCREASING THE RESIDENTIAL COMPONENT BY 972 UNITS FOR A TOTAL OF 2,358 UNITS; D) INCREASING PARKING SPACES ABOVE GROUND BY 1,231 SPACES FOR A TOTAL OF 6,295 SPACES; AND E) INCREASING CIVIC SPACE AT THE GROUND LEVEL BY APPROXIMATELY 11,718 SQUARE FEET FORA TOTAL OF 58,400 SQUARE FEET; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED A TOTAL OF 10,948,230 SQUARE FEET OF FLOOR AREA, OR PROVIDE LESS THAN 30,411 SQUARE FEET OF CIVIC SPACE OR LESS THAN 60,824 SQUARE FEET OF OPEN SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13825 City ofMiami Page 32 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon PZ.15 ORDINANCE Second Reading 5230 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning 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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon PZ.16 ORDINANCE Second Reading 5231 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL Planning URBAN TRANSECT-RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT-OPEN, OF THE PROPERTY LOCATED AT 1415 NORTHWEST 63 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City ofMiami Page 33 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.17 ORDINANCE Second Reading 5228 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET AND 1200 NORTHWEST 62 LANE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon PZ.18 ORDINANCE First Reading 5229 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL Planning URBAN TRANSECT-RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT-OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET AND 1200 NORTHWEST 62 LANE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City ofMiami Page 34 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.19 ORDINANCE First Reading 4943 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; MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," ARTICLE 3, SECTIONS 3.5, TITLED "MEASUREMENT OF HEIGHT," ARTICLE 5, SECTION 5.3, TITLED "SUB -URBAN TRANSECT ZONES (T3)," ARTICLE 5, SECTION 5.4, TITLED "GENERAL URBAN TRANSECT ZONES (T4)," ARTICLE 5, SECTION 5.5, TITLED "URBAN CENTER TRANSECT ZONES (T5)," ARTICLE 5, SECTION 5.6, TITLED "URBAN CORE TRANSECT ZONES (T6)," ARTICLE 7, SECTION 7.1, TITLED "PROCEDURES," AND ARTICLE 7, SECTION 7.2, TITLED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN; 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo City ofMiami Page 35 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 PZ.20 ORDINANCE First Reading 5119 Commissioners and Mayor - PZ PZ.21 5227 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; MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)," TO ADD THE DEFINITION OF "AMUSEMENT RIDE"; BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO ADD "AMUSEMENT RIDE" AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL WITHIN THE "CS," CIVIC SPACE TRANSECT ZONE; AND BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD SUPPLEMENTAL REGULATIONS FOR "AMUSEMENT RIDE" IN THE "CS," CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SUPERNOVA BAYSHORE INVEST, LLC ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A CONTRIBUTING STRUCTURE AND THE NEW CONSTRUCTION OF A TWO-STORY SINGLE-FAMILY RESIDENCE WITH SITE IMPROVEMENTS FOR A PROPERTY LOCATED AT APPROXIMATELY 5605 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA WITHIN THE MORNINGSIDE HISTORIC DISTRICT, WITH THE FOLIO NUMBER 0132180370020. ENACTMENT NUMBER: R-19-0052 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 36 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO D3.1 DISCUSSION ITEM 4899 Commissioners and Mayor NA.1 5462 Commissioners and Mayor TIME CERTAIN OF 11:00 AM - DISCUSSION REGARDING CODE ENFORCEMENT. MOTION TO: RESULT: Defer by Unanimous Consent DEFERRED BY UNANIMOUS CONSENT Note for the Record: Item D3.1 was deferred to the February 14, 2019, Regular Commission Meeting, with a time certain designation of 11:00 a.m. END OF DISTRICT 3 NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PRIORITIZING THE ENFORCEMENT OF THE CITY CODE WITH RESPECT TO ILLEGAL CAFETERIAS, BARS AND LOUNGES WITHIN THE CITY OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-19-0053 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City ofMiami Page 37 Printed on 02/01/2019 City Commission Marked Agenda January 24, 2019 NA.2 5464 Office of the City Clerk ADJOURNMENT ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8) FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 14, 2019 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 IN THE CASE OF AIRBNB, INC., ET AL. V. CITY OF MIAMI, CASE NO. 2017-008999 CA 01, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.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 KEN RUSSELL, VICE-CHAIRMAN WIFREDO "WILLY" GORT, AND COMMISSIONERS JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEY RACHEL DOOLEY. 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 Meeting was adjourned at 11:14 p.m. City of Miami Page 38 Printed on 02/01/2019