HomeMy WebLinkAboutCC 2020-05-28 Marked AgendaCity Commission
Marked Agenda May 28, 2020
City of Miami
Marked Agenda
City Commission
Francis X. Suarez, Mayor
Keon Hardemon, Chair, District Five
Ken Russell, Vice Chair, District Two
Alex Diaz de la Portilla, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Hall
3500 Pan American Drive
Miami, FL 33133
https://miamifLiqm2.com
Thursday, May 28, 2020
9:00 AM City Hall
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla,
Commissioner Carollo and Commissioner Reyes.
On the 28th day of May, 2020, the City Commission of the City of Miami, Florida, conducted
and broadcasted a virtual meeting from its regular meeting place in City Hall, 3500 Pan
American Drive, Miami, Florida, in regular session. The Commission Meeting was called to
order by Chair Hardemon at 9:04 a.m., and adjourned at 1:06 p.m.
Note fir the Record: Commissioner Reyes joined the virtual meeting at 9:15 a.m., and
Commissioner Carollo joined the virtual meeting at 10:56 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
PART A - NON -PLANNING AND ZONING ITEM(S)
ORDER OF THE DAY
PUBLIC COMMENTS FOR ALL ITEM(S)
City of Miami
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7486 DISCUSSION ITEM
Office of the City
Clerk
PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
PUBLIC FOR THE MAY 28, 2020 VIRTUAL CITY COMMISSION
MEETING.
RESULT: PRESENTED
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1 City Commission - Planning and Zoning - Jan 23, 2020 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
AM.2 City Commission - City Commission Meeting - Feb 13, 2020 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
MV - MAYORAL VETO(ES)
NO MAYORAL VETOES
(Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the
City Clerk as the first substantive item(s) for City Commission consideration.)
END OF MAYORAL VETO(ES)
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CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
CA.1 RESOLUTION
7374
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS OF
DEDICATION, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"), FOR
HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE
RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE
CITY CLERK TO RETAIN COPIES OF THE DEEDS.
ENACTMENT NUMBER: R-20-0159
This matter was ADOPTED on the Consent Agenda.
END OF CONSENT AGENDA
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PH - PUBLIC HEARINGS
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City Commission
Marked Agenda May 28, 2020
PH.1 RESOLUTION
6684
Commissioners
and Mayor
MAY BE WITHDRAWN
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING, AND CONFIRMING
THE CITY MANAGER'S RECOMMENDATIONS AND
FINDINGS, ATTACHED AND INCORPORATED AS
COMPOSITE EXHIBIT "A," THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF
MIAMI ("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), FOR THE PROVISION OF THE
SERVICES AS DESCRIBED BELOW; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; APPROVING
THE RECOMMENDATIONS AND FINDINGS OF THE
CITY'S DEPARTMENT OF PARKS AND RECREATION AND
DEPARTMENT OF REAL ESTATE AND ASSET
MANAGEMENT, AS MORE SPECIFICALLY DETAILED IN
COMPOSITE EXHIBIT "A," ATTACHED AND
INCORPORATED, THAT SHAKE -A -LEG MIAMI, INC. A
FEDERAL NOT -FOR -PROFIT CORPORATION UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE
AND A FLORIDA NOT -FOR -PROFIT CORPORATION
("SHAKE -A -LEG"), IS THE MOST QUALIFIED FIRM TO
CONTINUE TO PROVIDE INSTRUCTION, PROGRAMS,
RECREATIONAL, AND LEARNING OPPORTUNITIES
INVOLVING SAILING, NAVIGATION REGULATIONS,
WATER SAFETY, AND OTHER ALLIED SUBJECTS TO
PERSONS WITH DISABILITIES, YOUTH GROUPS, AND
THE GENERAL PUBLIC AND PROGRAM MANAGEMENT,
FAMILY EVENTS, CULTURAL, EDUCATIONAL, AND
RECREATIONAL ACTIVITIES (COLLECTIVELY,
"SERVICES") AT THE CITY'S WATERFRONT
RECREATION CENTER AND PARK PORTION OF THE
VIRRICK GYM ADMINISTRATION BUILDING AND HANGAR
BUILDING AT THE CITY -OWNED PROPERTY LOCATED
AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA AND
A PORTION OF THE DINNER KEY PICNIC ISLANDS AND
SUBMERGED LANDS; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PARKS AND
RECREATION SERVICES IRS SAFE HARBOR
MANAGEMENT AGREEMENT FOR ONGOING
COMPLIANCE WITH PROVISIONS OF THE INTERNAL
REVENUE CODE OF 1986, AS AMENDED ("IRS CODE"),
AND CERTAIN UNITED STATES TREASURY
REGULATIONS PROMULGATED THEREUNDER ("U.S.
TREASURY REGULATIONS"), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY AND BOND COUNSEL, WITH
SHAKE -A -LEG TO CONTINUE THE SERVICES AND
MANAGEMENT FOR A CONTRACT PERIOD NOT TO
EXCEED FIVE (5) YEARS; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE, IN
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FORM ACCEPTABLE TO THE CITY ATTORNEY AND
BOND COUNSEL, SUCH FURTHER AMENDMENTS,
ALTERATIONS, VARIATIONS, MODIFICATIONS, OR
WAIVERS THAT DO NOT EXCEED THE AMOUNT
PAYABLE AND DO NOT CHANGE THE LENGTH OF THE
EFFECTIVE TERM WITH RENEWALS IN ORDER TO
COMPLY WITH IRS CODE, U.S. TREASURY
REGULATIONS, U.S. DEPARTMENT OF INTERIOR
REQUIREMENTS, AND STATE OF FLORIDA SUBMERGED
LANDS LEASE PROVISIONS.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
City of Miami
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PH.2 RESOLUTION
7443
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S) ,PURSUANT TO CITY OF MIAMI CHARTER
("CHARTER") SECTION 29-B(C), AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT OF EASEMENT
("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO MIAMI-DADE WATER AND SEWER
DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA ("WASD"), FOR A PERPETUAL, NON-EXCLUSIVE
EASEMENT OF APPROXIMATELY TWO HUNDRED FIFTY-ONE
(251) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED
PROPERTY KNOWN AS THE GROVE BAY PARKING GARAGE,
IDENTIFIED AS FOLIO NUMBER 01-4122-002-0010, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT,
FOR WASD TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL,
OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE,
REMOVE, AND INSPECT WATER TRANSMISSION AND
DISTRIBUTION FACILITIES AND ALL APPURTENANCES
THERETO, INCLUDING BUT NOT LIMITED TO, FIRE HYDRANTS,
SEWAGE TRANSMISSION AND COLLECTION FACILITIES, AND
ALL APPURTENANT EQUIPMENT, WHICH RIGHT, PRIVILEGE,
AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR
DEMOLISH, AS MAY BE NECESSARY TO CARRY OUT ANY
RIGHT GRANTED THEREIN, WITH THE FULL RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE EASEMENT;
CONTAINING A REVERTER PROVISION IF THE EASEMENT IS
ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS
TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE
SAID EASEMENT.
ENACTMENT NUMBER: R-20-0160
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
END OF PUBLIC HEARINGS
City of Miami
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RE - RESOLUTIONS
RE.1 RESOLUTION
7371
Office of
Management and
Budget
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DE -APPROPRIATING, RE -APPROPRIATING,
ADJUSTING, AND AMENDING TRANSFERS -IN, TRANSFERS -
OUT, FUNDING ROLL-OVERS, AND APPROPRIATIONS
RELATING TO THE GENERAL FUND, DEBT SERVICE FUND, AND
SPECIAL REVENUE FUNDS FOR THE CITY OF MIAMI ("CITY")
2019-20 FISCAL YEAR ADOPTED OPERATING BUDGET
PURSUANT TO ORDINANCE NO. 13861 ADOPTED SEPTEMBER
26, 2019; AUTHORIZING THE CITY MANAGER TO ACCEPT,
NEGOTIATE AND EXECUTE GRANT AND FUNDING
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN CONNECTION WITH (A) INCOMING GRANTS AND
APPROPRIATIONS TO THE CITY FROM VARIOUS FUNDING
SOURCES, AND (B) CERTAIN CITY GRANTS OUTGOING TO
COMMUNITY SERVICES PARTNERS BUDGETED IN THE NON -
DEPARTMENTAL ACCOUNT SCHEDULE AND THE TRANSFERS -
OUT SCHEDULE; AUTHORIZING THE CREATION OF THE
PENSION STABILIZATION FUND FOR THE CITY'S
FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST
AND AUTHORIZING THE GOVERNANCE THEREOF ALL IN
ACCORDANCE CHAPTER 40 OF THE CODE OF THE CITY OF
MIAMI, AS AMENDED ("CITY CODE"), RATIFYING, APPROVING,
AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE
CITY MANAGER AND DESIGNATED DEPARTMENTS TO UPDATE
THE RELEVANT FINANCIAL CONTROLS, CREATE NECESSARY
SPECIAL REVENUE FUND ACCOUNTS, AND UNDERTAKE
PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND
COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR
GRANTS IN PROGRESS, ALL IN ACCORDANCE WITH CHAPTER
18 OF THE CITY CODE REGARDING FINANCIAL PRINCIPLES,
THE ANTI -DEFICIENCY ACT, AND THE FINANCIAL INTEGRITY
PRINCIPLES; AND PROVIDING FOR APPLICABLE EFFECTIVE
DATES.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
Note for the Record: Item RE.1 was deferred to the June 11, 2020, City Commission
Meeting.
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RE.2 RESOLUTION
7372
Office of
Management and
Budget
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE CITY
OF MIAMI ("CITY") FISCAL YEAR 2019-20 MULTI -YEAR CAPITAL
PLAN ADOPTED WITH MODIFICATIONS ON SEPTEMBER 26,
2019 PURSUANT TO RESOLUTION NO. 19-0374, AND AS
SUBSEQUENTLY AMENDED ON DECEMBER 12, 2019
PURSUANT TO RESOLUTION NO. 19-0506, AND ON FEBRUARY
13, 2020 PURSUANT TO RESOLUTION NO. 20-0044; REVISING
CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS;
FURTHER APPROPRIATING, AND RE -APPROPRIATING
FUNDING FOR THE EXISTING AND ADDED PROJECTS;
RATIFYING, APPROVING, AND CONFIRMING CERTAIN
NECESSARY ACTIONS BY THE CITY MANAGER AND
DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE
RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS
IN CONNECTION THEREWITH AND FOR GRANTS IN
PROGRESS.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
Note for the Record: Item RE.2 was deferred to the June 11, 2020, City Commission
Meeting.
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RE.3 RESOLUTION
7462
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A
SPECIAL MUNICIPAL ELECTION CONCURRENT WITH THE
PRIMARY ELECTION ON AUGUST 18, 2020, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE THE FOLLOWING
STRAW BALLOT QUESTION, WHICH SHALL HAVE NO BINDING
OR OBLIGATORY EFFECT, TO BE KNOWN AS STRAW BALLOT
QUESTION NO. 1: "WOULD YOU SUPPORT REQUIRING THE
MIAMI-DADE COUNTY MAYOR WHO HAS AUTHORITY OVER
THE MIAMI-DADE COUNTY AVIATION DEPARTMENT TO START
A PROGRAM TO SCREEN ALL PASSENGERS ARRIVING AT
MIAMI INTERNATIONAL AIRPORT FOR THE COVID-19 VIRUS
UNTIL THE DECLARED STATE OF EMERGENCY EXPIRES?";
CALLING FOR A STRAW BALLOT SPECIAL ELECTION AND
PROVIDING THAT THE STRAW BALLOT QUESTION SHALL BE
SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION
TO BE HELD CONCURRENTLY WITH THE PRIMARY ELECTION
ON AUGUST 18, 2020; DESIGNATING AND APPOINTING THE
CITY CLERK ("CLERK") AS THE OFFICIAL REPRESENTATIVE OF
THE COMMISSION WITH RESPECT TO THE USE OF VOTER
REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING
THE CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN
RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF
ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS
THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH
SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE
DATE FOR THIS RESOLUTION.
ENACTMENT NUMBER: R-20-0161
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
END OF RESOLUTIONS
City of Miami
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EM - EMERGENCY ORDINANCES
EM.1 ORDINANCE Emergency Ordinance
7444
City Manager's
Office
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI
CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, RETROACTIVELY TOLLING AND SUSPENDING ALL
APPLICABLE DEADLINES AND TIME PERIODS PRESCRIBED IN
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), AS WELL AS RESOLUTION NO. R-20-0015
RELATING TO THE MIAMI 21 REPORT AD HOC TASKFORCE,
INCLUDING BUT NOT LIMITED TO, DEADLINES AND TIME
PERIODS PERTAINING TO PUBLIC HEARINGS AND DECISIONS
MADE BY LEGISLATIVE BODIES, QUASI-JUDICIAL BODIES,
ZONING ADMINISTRATORS, THE DIRECTOR OF PLANNING, THE
BUILDING DIRECTOR, THE BUILDING OFFICIAL, OR OTHER
CITY OF MIAMI OFFICIALS, INCLUDING EXPIRATION DATES
FOR UTILIZATION OF EXISTING APPROVALS FOR THE
DURATION OF THE LOCAL STATE OF EMERGENCY DECLARED
BY MAYOR FRANCIS X. SUAREZ ON MARCH 12, 2020
PURSUANT TO THE AUTHORITY GRANTED TO MUNICIPALITIES
BY SECTIONS 252.38, ET SEQ., AND 501.160, FLORIDA
STATUTES, AND EXECUTIVE ORDER NUMBER 20-114
EXTENDING EXECUTIVE ORDER 20-52 PROMULGATED BY
GOVERNOR RON DESANTIS ON MARCH 9, 2020, MORE
SPECIFICALLY, SECTION (4)(D)(1) WHICH PROVIDES THAT
EACH MUNICIPALITY IN THE STATE OF FLORIDA IS
AUTHORIZED TO WAIVE THE PROCEDURES AND FORMALITIES
OTHERWISE REQUIRED OF THE POLITICAL SUBDIVISION BY
LAW PERTAINING TO THE TAKING OF WHATEVER PRUDENT
ACTION IS NECESSARY TO ENSURE THE PUBLIC'S HEALTH,
SAFETY, AND WELFARE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13902
MOTION TO: Adopt as an Emergency Measure with Modification(s)
RESULT: ADOPTED AS AN EMERGENCY MEASURE WITH
MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
Note for the Record: Item EM.1 passed as an Emergency Ordinance with two roll
calls.
City of Miami
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EM.2 ORDINANCE Emergency Ordinance
7442 (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY
Office of the City COMMISSION, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE
Attorney VOTE, TEMPORARILY MODIFYING CERTAIN SCHEDULING,
PROCEDURAL REQUIREMENTS, AND TIMING REQUIREMENTS
UNDER SECTION 2-32(B) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND THE MANNER AND
REQUIREMENT THAT ANY PARTIES AND PARTICIPANTS,
INCLUDING MEMBERS OF THE GENERAL PUBLIC, ARE SWORN
IN FOR ANY PLANNING AND ZONING ITEMS AND QUASI-
JUDICIAL HEARINGS DURING THE DECLARED LOCAL STATE
OF EMERGENCY FOR THE NOVEL CORONAVIRUS ("COVID-19")
PANDEMIC; MAKING NECESSARY FINDINGS; PROVIDING FOR
AN EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13903
MOTION TO: Adopt as an Emergency Measure
RESULT: ADOPTED AS AN EMERGENCY MEASURE
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
Note for the Record: Item EM.2 passed as an Emergency Ordinance with two roll
calls.
END OF EMERGENCY ORDINANCES
City of Miami
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SR - SECOND READING ORDINANCE
SR.1 ORDINANCE Second Reading
7338
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE
PREVENTION;" MORE PARTICULARLY, BY AMENDING
SECTIONS 20-1, TITLED "DEFINITIONS," SECTION 20-3, TITLED
"DEVELOPMENT IN EITHER SPECIAL FLOOD HAZARD AREAS,
OR NONSPECIAL FLOOD HAZARD AREAS," AND SECTION 20-4,
TITLED "DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD
AREAS", TO CODIFY THE NORTH AMERICAN VERTICAL DATUM
OF 1988 ("NAVD 88") AS THE APPLICABLE VERTICAL DATUM
FOR THE PURPOSE OF ADMINISTERING THE CITY OF MIAMI'S
("CITY") FLOOD DAMAGE PREVENTION REGULATIONS;
FURTHER AMENDING CHAPTER 29 OF THE CITY CODE, TITLED
"LANDFILLS AND WATERFRONT IMPROVEMENTS;" MORE
PARTICULARLY, BY AMENDING SECTION 29-81, TITLED
"DEFINITIONS," SECTION 29-82, TITLED "PURPOSE OF
ARTICLE," SECTION 29-83, TITLED "PERMITS FOR
WATERFRONT IMPROVEMENTS —REQUIRED," SECTION 29-84,
TITLED "SAME —APPLICATION", SECTION 29-89, TITLED
"DESIGN," SECTION 29-91, TITLED "CONSTRUCTION," SECTION
29-92, TITLED "MATERIALS," SECTION 29-93, TITLED "REVIEW
OF PLANS; DUTY TO INSPECT," SECTION 29-94, TITLED
"PROCEDURE FOR INSPECTIONS," AND SECTION 29-95,
TITLED "MAINTENANCE," TO ESTABLISH NEW STANDARDS
FOR THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR
OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW
MINIMUM HEIGHT OF SIX FEET (6') NAVD 88 FOR NEW AND
RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE;
PROVIDING FOR A VARIANCE PROCEDURE FOR SUCH
ELEVATION REQUIREMENT; PROVIDING FOR A DEFINITION
AND PERMITTING CONSTRUCTION OF LIVING SHORELINES;
IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS TO
MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIR AND
TO PREVENT TIDAL WATERS FROM FLOWING OVER OR
THROUGH SUBSTANDARD OR DAMAGED SEAWALLS OR
BULKHEADS TO ADJACENT PROPERTIES AND PUBLIC
RIGHTS -OF -WAY; PROVIDING FOR ENHANCED PENALTIES
FOR PROPERTY OWNERS THAT FAIL TO DO THE SAME;
PROVIDING FOR A WAIVER OF FEES FOR RECONSTRUCTION
OF SUBSTANDARD OR DAMAGED SEAWALLS UPON
FURNISHING OF PROOF OF FINANCIAL HARDSHIP; PROVIDING
FOR COMPLETE MITIGATION OF CODE COMPLIANCE FINES
FOR PROPERTY OWNERS WITH SUBSTANDARD OR DAMAGED
SEAWALLS OR BULKHEADS FOUND TO BE IN VIOLATION THAT
UNDERTAKE STEPS TO CORRECT THOSE VIOLATIONS WITHIN
THE TIMEFRAME FOUND HEREIN; CREATING A NEW
SUBSTANTIAL REPAIR THRESHOLD THAT PROVIDES FOR
SEAWALLS AND BULKHEADS TO BE RECONSTRUCTED TO
PRESENT SPECIFICATIONS PROMULGATED BY THE
City of Miami
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DEPARTMENT OF RESILIENCE AND PUBLIC WORKS UNDER
CERTAIN QUALIFYING CIRCUMSTANCES; MODIFYING THE
MINIMUM REQUIREMENTS AND INFORMATION REQUIRED FOR
PERMITS IN CONNECTION WITH THE CONSTRUCTION,
REPAIR, AND RECONSTRUCTION OF SEAWALLS AND
BULKHEADS; AND PROVIDING FOR THE COMPLETE
MITIGATION OF FINES FOR VIOLATIONS RELATED TO THE
DISREPAIR OF SUCH IMPROVEMENTS UPON ADHERENCE TO
CERTAIN PRESCRIBED TIMEFRAMES; FURTHER AMENDING
CHAPTER 54/SECTION 54-46 OF THE CITY CODE, TITLED
"STREETS AND SIDEWALKS/AGREEMENT AND BOND AS TO
PAVING AND OTHER IMPROVEMENTS BY PERSONS
SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION," TO
ESTABLISH A NEW MINIMUM HEIGHT OF SIX FEET (6') NAVD 88
FOR NEW AND RECONSTRUCTED SEAWALLS AND
BULKHEADS FOR APPLICABLE PROPERTIES SUBMITTED TO
THE CITY'S EXISTING PLATTING PROCESS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
Note for the Record: Item SR.1 was continued to the June 25, 2020, City Commission
Meeting.
END OF SECOND READING ORDINANCE
City of Miami
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FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
7440
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 25, "HUMAN
RELATIONS;" MORE PARTICULARLY, BY CREATING ARTICLE II,
TITLED "LARGE GROUP FEEDINGS," AND CREATING SECTION
25-25, TITLED "REGULATIONS FOR STREET AND PUBLIC
LARGE GROUP FEEDINGS," TO CREATE REGULATIONS FOR
THE USE OF CITY OF MIAMI STREETS AND PUBLIC SPACES
FOR LARGE GROUP FEEDINGS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes
NAYS: Russell
City of Miami
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FR.2 ORDINANCE First Reading
7461
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "SUBDIVISION
REGULATIONS;" MORE PARTICULARLY BY AMENDING
SECTION 55-10, TITLED "BUILDING PERMITS; ISSUANCE;
RESTRICTIONS; EXCEPTIONS," AND SECTION 55-14, TITLED
"ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC
EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS
EASEMENTS; EXCEPTIONS," BY MODIFYING THE CITY OF
MIAMI'S ("CITY") PLATTING REGULATIONS TO MODIFY WHEN A
BUILDING PERMIT AND TEMPORARY CERTIFICATE OF
OCCUPANCY MAY BE ISSUED DURING THE PLATTING
PROCESS; ALLOWING THE ISSUANCE OF A TEMPORARY
CERTIFICATE OF OCCUPANCY FOR THOSE PROPERTIES THAT
HAVE RECEIVED APPROVAL FROM THE CITY COMMISSION
FOR ENCROACHMENTS INTO PLATTED EASEMENTS AND
CREATING A SUNSET DATE AFTER WHICH SUCH APPROVALS
MAY NOT BE SOUGHT; FURTHER MODIFYING THE CITY'S
PLATTING EXCEPTIONS TO CLARIFY WHEN A BUILDING
PERMIT MAY BE OBTAINED FOR A ONE -FAMILY DETACHED
DWELLING AND CUSTOMARY ACCESSORY BUILDINGS ON A
PLATTED LOT OF RECORD THAT HAS BEEN DIVIDED;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
END OF FIRST READING ORDINANCES
City of Miami
Page 16 Printed on 06/05/2020
City Commission
Marked Agenda May 28, 2020
BU.1
6742
Office of
Management and
Budget
BU - 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
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City Commission
Marked Agenda May 28, 2020
BC.1
7360
Office of the City
Clerk
BC - BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE/CATEGORY: NOMINATED BY:
Rafael Andrade Commissioner Alex Diaz de la Portilla
(Citizen — Category 7)
ENACTMENT NUMBER: R-20-0162
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Keon Hardemon, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
END OF BOARDS AND COMMITTEES
City of Miami
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City Commission
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DI - DISCUSSION ITEM
DI.1 DISCUSSION ITEM
6417 MAY BE DEFERRED
Department of Real A DISCUSSION ITEM, TO BE HEARD BY THE MIAMI CITY
Estate and Asset COMMISSION, REVIEWING THE ADMINISTRATION'S FINDINGS,
Management RELATED TO OLYMPIA THEATER'S FUTURE OPERATION,
WHICH MAY INCLUDE, WITHOUT LIMITATION, PARTNERING
WITH MIAMI-DADE COLLEGE; RELEASING A REQUEST FOR
PROPOSALS; OR, SOME COMBINATION THEREOF.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
Note for the Record: Item DU was continued to the June 25, 2020, City Commission
Meeting.
END OF DISCUSSION ITEM
City of Miami
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City Commission
Marked Agenda May 28, 2020
PART B: PZ - PLANNING AND ZONING ITEM(S)
PZ.1 ORDINANCE
5310 MAY BE DEFERRED
First Reading
Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
and Mayor- PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE
SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED
"DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF
ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE
HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED
"AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING
SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO
ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR")
BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT
OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME
POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT
(140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE
MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN
ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY
COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI
21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Reyes
ABSENT: Carollo
Note for the Record: Item PZ.1 was continued to the June 25, 2020, City Commission
Meeting.
END OF PLANNING AND ZONING ITEM(S)
City ofMiami Page 20 Printed on 06/05/2020
City Commission
Marked Agenda May 28, 2020
FL.1
7294
Department of
Planning
FL.2
7291
Department of
Planning
FL - FUTURE LEGISLATION
ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING
FEES," MORE PARTICULARLY BY AMENDING SECTION 62-22
ENTITLED "SCHEDULE OF FEES", SECTION 62-23 ENTITLED
"REQUEST FOR REVIEW AND APPEAL," AND SECTION 62-25
ENTITLED "WAIVER OF FEES,", TO PROVIDE CLARIFICATION
ON PLANNING AND ZONING APPEAL FEES, TO CAP CERTAIN
PLANNING AND ZONING APPEAL FEES, AND PROVIDE FOR A
REFUND PROCEDURE OF APPEAL FEES; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
RESULT: NO ACTION TAKEN
ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN
§163.3184, FLORIDA STATUTES, BY ADDING TWO POLICIES TO
THE FUTURE LAND USE ELEMENT AND AMENDING THE
INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR
INDUSTRIAL LAND USE TO ALLOW HOTEL USES IN CITY LAND
DESIGNATED AS INDUSTRIAL; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
RESULT: NO ACTION TAKEN
END OF FUTURE LEGISLATION
City ofMiami Page 21 Printed on 06/05/2020
City Commission
Marked Agenda May 28, 2020
NA.1
7500
City Commission
NA.2
7501
City Commission
NA.3
7502
City Commission
ADJOURNMENT
NA - NON -AGENDA ITEM(S)
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), URGING MIAMI-DADE COUNTY MAYOR
CARLOS A. GIMENEZ AND THE SUBSEQUENT MAYOR(S), AND
THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE
COUNTY, FLORIDA ("BOARD OF COUNTY COMMISSIONERS")
TO TRANSFER AID, RELIEF, AND ECONOMIC SECURITY ACT
(CARES) ACT DIRECT FEDERAL FUNDS RECEIVED BY MIAMI-
DADE COUNTY ("COUNTY") TO THE CITY OF MIAMI ("CITY")
AND TO OTHER UNITS OF LOCAL GOVERNMENT WITHIN THE
COUNTY BASED ON POPULATION AND RATES OF COVID-19
CASES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED
HEREIN.
ENACTMENT NUMBER: R-20-0163
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes
DISCUSSION ITEM
DISCUSSION BY VICE CHAIR RUSSELL REGARDING COVID-19
FEDERAL LEGISLATIVE ITEMS.
RESULT: DISCUSSED
DISCUSSION ITEM
DISCUSSION BY CHAIR HARDEMON REGARDING THE
POSSIBILITY OF DEMONSTRATIONS IN THE CITY OF MIAMI IN
RESPONSE TO THE DEATH OF GEORGE FLOYD AND HOW
MIAMI POLICE DEPARTMENT INTENDS TO PREPARE FOR SAID
POSSIBLE DEMONSTRATIONS.
RESULT: DISCUSSED
The meeting adjourned at 1: 06 p.m.
City ofMiami Page 22 Printed on 06/05/2020