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HomeMy WebLinkAboutCC 2021-05-27 Marked AgendaCity Commission Marked Agenda May 27, 2021 City of Miami Marked Agenda City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five 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 27, 2021 9:00 AM City Hall 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Watson Absent: Commissioner Reyes On the 27th day of May 2021, 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 Vice Chair Russell at 9:50 a.m., recessed at 1:35 p.m., reconvened at 4:29 p.m., recessed at 7:03 p.m., reconvened at 7:37 p.m., and adjourned at 10: 40 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 12:10 p.rn. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART A - NON -PLANNING AND ZONING ITEM(S) City of Miami Page I Printed on 06/04/2021 City Commission Marked Agenda May 27, 2021 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 9062 PROTOCOL ITEM Honoree Presenter Protocol Item Winners of the Miami 125 Mayor Suarez Recognition What Miami Means to Me Art Contest City of Miami Police Officers Mayor Suarez Recognition City of Miami Police Officer Patrice Humbert Mayor Suarez Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and City Commissioners recognized and presented prizes to elementary, middle and high school student winners of the "Miami 125 What Miami Means to Me" art contest. 2) Mayor Suarez and City Commissioners presented Certificates of Merit to City of Miami Police Officers Tania Bauza, Alexander Cruz, Jonathan John and Patrick Poll in recognition of their excellent service; specifically, for responding to a citizen in distress who was standing and attempting to maintain his balance on the railing of the South Miami Avenue Bridge on May 1, 2021. The subject was successfully removed from the ledge and was later transported for medical treatment and observation. Elected officials expressed their confidence that these officers will continue to excel and serve the community to advance the quality of life in Miami. 3) Mayor Suarez and City Commissioners presented Certificates of Merit to City of Miami Police Officers Raul Arcia, Brian Betancourt, Jose Moreno and Raul Oliva in recognition of their excellent service; specifically, for responding to a citizen in distress who was attempting to jump from the South Miami Avenue Bridge on April 12, 2021. The subject was successfully removed from the ledge and was later transported for medical treatment and observation. Elected officials expressed their confidence that these officers will continue to excel and serve the community to advance the quality of life in Miami. 4) Mayor Suarez and City Commissioners presented a Certificate of Merit to City of Miami Police Officer Patrice Humbert in recognition of her excellent service. Officer Humbert was injured in the line of duty on May 30, 2020, when her unit was mobilized due to rumors of a protest that was taking place from the George Floyd incident. Officer Humbert was tasked with protecting the rear of the City of Miami Police Department Headquarters. While on the line she was struck by a brick on her right hand which required surgery and therapy before returning to work eight (8) months after her injury took place. Elected officials paused in their deliberations to recognize her bravery and service in protecting the residents and citizens of the City of Miami. City of Miami Page 2 Printed on 06/04/2021 City Commission Marked Agenda May 27, 2021 ORDER OF THE DAY PUBLIC COMMENTS FOR ALL ITEM(S) 9140 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MAY 27, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 3 Printed on 06/04/2021 City Commission Marked Agenda May 27, 2021 CA.1 8935 Department of Planning CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Carollo, Watson ABSENT: Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE TIME PERIOD FOR THE CITY ADMINISTRATION TO REVIEW ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS DIRECTED BY RESOLUTION NO. R-19-0523 ADOPTED ON DECEMBER 12, 2019 AND RESOLUTION NO. R-20-0377 ADOPTED NOVEMBER 19, 2020, TO OCTOBER 28, 2021. ENACTMENT NUMBER: R-21-0200 This matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 8906 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ONE (1) RIGHT-OF-WAY DEED OF DEDICATION ("DEED"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-21-0201 This matter was ADOPTED on the Consent Agenda. City of Miami Page 4 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 CA.3 RESOLUTION 8971 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF HUMBERTO DIAZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $104,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY"), WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $103,900.00 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-21-0202 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA City of Miami Page 5 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 8914 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "NEWSTART TOWNHOMES AT POMELO PARK", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1", WHICH PLAT BY REFERENCE, IN SUBSTANTIALLY THE ATTACHED FORM AND 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; 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-21-0203 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes City of Miami Page 6 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 PH.2 RESOLUTION 8991 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, AUTHORIZING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS, AND APPROVING THE PURCHASE OF SOP TECHNOLOGIES STORMWATER INLET FILTERS ("STORMWATER FILTERS"), INSTALLATION OF SAID FILTERS, STORM DRAIN MARKING SERVICES, AND ANNUAL REPORTING SERVICES FROM EDDIE LOPEZ TECHNOLOGIES, LLC D/B/A SOP TECHNOLOGIES INTERNATIONAL, A FLORIDA LIMITED LIABILITY COMPANY ("SOP TECHNOLOGIES"), FOR THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") FOR A TOTAL AMOUNT OF TWO HUNDRED SEVENTY NINE THOUSAND FIVE HUNDRED DOLLARS ($279,500.00), COMPRISED OF A PURCHASE AMOUNT OF TWO HUNDRED SIXTY NINE THOUSAND FIVE HUNDRED DOLLARS ($269,500.00) TO BE ALLOCATED FROM PROJECT NO. 40-B213800 WITH AWARD 1431, PLUS A CONTINGENCY FOR MAINTENANCE OF TRAFFIC INCIDENTALS IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO BE ALLOCATED FROM OTHER VARIOUS SOURCES OF FUNDS FROM PUBLIC WORKS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0204 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes City of Miami Page 7 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 PH.3 RESOLUTION 9042 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE, TEN (10) FOOT WIDE UNDERGROUND EASEMENT OF APPROXIMATELY SEVEN THOUSAND FOUR HUNDRED EIGHTEEN (7,418) SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 1061 MACARTHUR CAUSEWAY (FOLIO NO. 01-3231-000-0010) ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("EASEMENT AREA"), FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA LOCATED AT THE PROPERTY. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item PH.3 was deferred to the June 10, 2021, City Commission Meeting. City of Miami Page 8 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 PH.4 RESOLUTION 8865 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 FINDING AND DETERMINATION, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ON BEHALF OF THE DREAMERS BREAKING BARRIERS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS INCLUDING THE CITY CODE AND CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0205 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes City of Miami Page 9 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 PH.5 RESOLUTION 8958 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 RELEASE OF EASEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND LANCELOT MIAMI RIVER, LLC ("LANCELOT"), WHEREBY THE CITY SHALL RELEASE EASEMENT AREA IV AS IDENTIFIED IN THE ACCESS, UTILITY, AND CONSTRUCTION EASEMENT AGREEMENT DATED DECEMBER 11, 1990, AS AMENDED, LOCATED UPON THE LANCELOT-OWNED PROPERTY AT 230 SOUTHWEST 3RD STREET ("NEXUS SITE") AND IN FAVOR OF THE CITY -OWNED PROPERTY LOCATED AT 444 AND 460 SOUTHWEST 2ND AVENUE ("MRC SITE"), SUBJECT TO AND CONTINGENT UPON THE EXECUTION OF A TEMPORARY ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER SUBJECT TO THE ESTABLISHMENT OF AN ALTERNATIVE MEANS OF ACCESS AS INDICATED ON THE ACCESS PLAN ATTACHED AND INCORPORATED AS EXHIBIT "A", OR OTHER ACCESS PLAN APPROVED BY THE CITY MANAGER WHICH SHALL BE CONSTRUCTED IN ORDER TO ENABLE THE CITY TO CONTINUE TO ACCESS THE PARKING GARAGE ON THE MRC SITE AND WHICH SHALL NOT EXCEED A COST OF ONE MILLION DOLLARS ($1,000,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY FOR SAID PURPOSE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item PH.5 was deferred to the June 10, 2021, City Commission Meeting. END OF PUBLIC HEARINGS City of Miami Page 10 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 RE - RESOLUTIONS RE.1 RESOLUTION 8729 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), IN ACCORDANCE WITH AMENDMENT NO.4 EXPLANATIONS MEMORANDUM INCLUDING EXHIBITS "A" AND "B" THERETO COLLECTIVELY ATTACHED AND INCORPORATED, APPROVING, AUTHORIZING, AND DIRECTING THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT NO.4 IN ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2020-2021 MULTI- YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 24, 2020 PURSUANT TO RESOLUTION NO. R-20-0307, AS SUBSEQUENTLY AMENDED ON NOVEMBER 19, 2020 PURSUANT TO RESOLUTION NO. R-20-0387, ON DECEMBER 10, 2020 PURSUANT TO RESOLUTION NO. R-20-0409, ON JANUARY 28, 2021 PURSUANT TO RESOLUTION NO. R-21-0044, AND ON APRIL 22, 2021 PURSUANT TO RESOLUTION NO. R-21-0175 AND IN ACCORDANCE WITH THE CITY'S FINAL OPERATING BUDGET AS DEFINED BELOW; FURTHER DE -APPROPRIATING, RE - APPROPRIATING, AND APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH FOR ONGOING CAPITAL PROJECTS, PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.1 was rolled over to the June 10, 2021, City Commission Meeting. City of Miami Page 11 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 RE.2 RESOLUTION 9090 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR CONSIDERATION AT A SPECIAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021 PROPOSING TO AMEND SECTION 29-B OF THE CITY CHARTER, TITLED "CITY - OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE MARINE PARTNERS, LLC (D/B/A "MARINA PARC") FOR APPROXIMATELY TWENTY SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED GENERALLY AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218- 000-0030, 01-4218-000-0031, 01-4218-000-0010, 01-4217- 000-0110, AND 01-4217-000-0030 ("DEMISED PROPERTY") FOR AN INITIAL TERM OF FORTY FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM, INCLUSIVE OF BOTH RENEWALS, NOT TO EXCEED SEVENTY-FIVE (75) YEARS ("LEASE TERM"), AND PROVIDING FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (B) TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) ("BASE RENT"), PLUS A PERCENTAGE RENT EQUAL TO SIX PERCENT (6%) OF THE WET SLIP AND DRY STORAGE INCOME, SIX PERCENT (6%) OF FUEL SALES, AND FOUR PERCENT (4%) OF SUBLEASE INCOME AND OTHER INCOME RECEIVED FROM THE PROJECT ("PERCENTAGE RENT") PLUS ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES ("ADDITIONAL RENT"); AUTHORIZING THE USE OF THE DEMISED PROPERTY FOR A MIXED - USE WATERFRONT FACILITY INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARD, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City of Miami Page 12 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Note for the Record: Meeting. Defer DEFERRED Alex Diaz de la Portilla, Commissioner Ken Russell, Commissioner Russell, Diaz de la Portilla, Watson Carollo, Reyes Item RE.2 was deferred to the June 10, 2021, City Commission City of Miami Page 13 Printed on 06/04/2021 City Commission Marked Agenda May 27, 2021 RE.2 RESOLUTION 9090 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR CONSIDERATION AT A SPECIAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021 PROPOSING TO AMEND SECTION 29-B OF THE CITY CHARTER, TITLED "CITY - OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE MARINE PARTNERS, LLC (D/B/A "MARINA PARC") FOR APPROXIMATELY TWENTY SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED GENERALLY AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218- 000-0030, 01-4218-000-0031, 01-4218-000-0010, 01-4217- 000-0110, AND 01-4217-000-0030 ("DEMISED PROPERTY") FOR AN INITIAL TERM OF FORTY FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM, INCLUSIVE OF BOTH RENEWALS, NOT TO EXCEED SEVENTY-FIVE (75) YEARS ("LEASE TERM"), AND PROVIDING FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (B) TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) ("BASE RENT"), PLUS A PERCENTAGE RENT EQUAL TO SIX PERCENT (6%) OF THE WET SLIP AND DRY STORAGE INCOME, SIX PERCENT (6%) OF FUEL SALES, AND FOUR PERCENT (4%) OF SUBLEASE INCOME AND OTHER INCOME RECEIVED FROM THE PROJECT ("PERCENTAGE RENT") PLUS ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES ("ADDITIONAL RENT"); AUTHORIZING THE USE OF THE DEMISED PROPERTY FOR A MIXED - USE WATERFRONT FACILITY INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARD, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City of Miami Page 14 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Carollo, Watson ABSENT: Diaz de la Portilla, Reyes City of Miami Page 15 Printed on 06/04/2021 City Commission Marked Agenda May 27, 2021 RE.2 RESOLUTION 9090 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR CONSIDERATION AT A SPECIAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021 PROPOSING TO AMEND SECTION 29-B OF THE CITY CHARTER, TITLED "CITY - OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE MARINE PARTNERS, LLC (D/B/A "MARINA PARC") FOR APPROXIMATELY TWENTY SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED GENERALLY AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218- 000-0030, 01-4218-000-0031, 01-4218-000-0010, 01-4217- 000-0110, AND 01-4217-000-0030 ("DEMISED PROPERTY") FOR AN INITIAL TERM OF FORTY FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM, INCLUSIVE OF BOTH RENEWALS, NOT TO EXCEED SEVENTY-FIVE (75) YEARS ("LEASE TERM"), AND PROVIDING FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (B) TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) ("BASE RENT"), PLUS A PERCENTAGE RENT EQUAL TO SIX PERCENT (6%) OF THE WET SLIP AND DRY STORAGE INCOME, SIX PERCENT (6%) OF FUEL SALES, AND FOUR PERCENT (4%) OF SUBLEASE INCOME AND OTHER INCOME RECEIVED FROM THE PROJECT ("PERCENTAGE RENT") PLUS ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES ("ADDITIONAL RENT"); AUTHORIZING THE USE OF THE DEMISED PROPERTY FOR A MIXED - USE WATERFRONT FACILITY INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARD, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City of Miami Page 16 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 RE.3 8936 Department of Parks and Recreation MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item RE.2 was continued to the June 24, 2021, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, AND APPROPRIATE A TOTAL AMOUNT ESTIMATED TO BE ONE MILLION TWO HUNDRED FIFTY THOUSAND NINE HUNDRED SIXTY-FOUR DOLLARS ($1,250,964.00) ("SERVICE FUNDS") FROM THE STATE OF FLORIDA'S AGENCY FOR PERSONS WITH DISABILITIES ("APD") TO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION ("PARKS") FOR PARKS' LIFE SKILLS DEVELOPMENT - LEVEL 3: ADULT DAY TRAINING ("ADT") PROGRAM AND TRANSPORTATION SERVICES FOR PERSONS WITH DISABILITIES (COLLECTIVELY, "SERVICES AND PROGRAMS"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ACCOUNT TITLED "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED 2021-2026" TO FUND SERVICES AND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED ADMINISTERED BY PARKS; AUTHORIZING THE CITY MANAGER TO CREATE A NEW PROJECT NUMBER FOR THE SERVICES AND PROGRAMS, TO CREATE THE NECESSARY BUDGETING AND ACCOUNTING STRUCTURE TO ACCOUNT FOR THE SERVICE FUNDS IN ACCORDANCE WITH THE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AND TO COMPLY WITH APD REQUIREMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEDICAID WAIVER PROVIDER RENEWAL AGREEMENT ("AGREEMENT") WITH THE APD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, DELEGATIONS OF AUTHORITY, AND MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE SERVICE FUNDS FOR SAID PURPOSES FOR THE PERIOD COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2026 FOR THE SERVICES AND PROGRAMS. ENACTMENT NUMBER: R-21-0206 City of Miami Page 17 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 RE.4 8839 Department of Resilience and Public Works MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A ROADWAY TRANSFER AGREEMENT ("AGREEMENT") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO ACCEPT JURISDICTION OF STATE ROAD ("SR") 934/NORTHEAST BAYSHORE DRIVE/NORTHEAST 82ND STREET FROM SR 934/NORTHEAST 79TH STREET TO NORTH MIAMI AVENUE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACCOMPLISH SAID TRANSFER FROM FDOT'S STATE HIGHWAY SYSTEM TO THE CITY OF MIAMI'S STREET SYSTEM AS STATED IN THE AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "A"; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson ABSENT: Carollo, Reyes City of Miami Page 18 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 RE.5 RESOLUTION 9005 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, AND APPROPRIATING A CONTRIBUTION OF FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) OVER A FOUR (4) YEAR PERIOD FROM THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA"), AS REFERENCED IN MIAMI DDA RESOLUTION NO. 022/2018, ATTACHED AND INCORPORATED AS EXHIBIT "A", FOR THE FLAGLER STREET BEAUTIFICATION AND RECONSTRUCTION PROJECT AND APPROPRIATING SAID FUNDS TO THE CITY OF MIAMI'S ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B30606 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE AND FOR ALL NECESSARY BUDGETARY AND FINANCIAL COMPLIANCE PURSUANT TO FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-21-0207 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes RE.6 RESOLUTION 9058 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO- SPONSORING THE SHOWING OF THE FILM TITLED "PLANTADOS" AT THE CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN AS THE HISTORIC OLYMPIA THEATER ON A DATE TO BE DETERMINED AND APPROVED BY THE CITY MANAGER ("EVENT"); WAIVING CERTAIN CITY FEES AND COSTS ASSOCIATED WITH THE EVENT INCLUSIVE OF FACILITY RENTAL FEES. ENACTMENT NUMBER: R-21-0208 City of Miami Page 19 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes City of Miami Page 20 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 RE.7 RESOLUTION 9016 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDING, ON A REIMBURSEMENT BASIS, IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS FOR FUNDING THROUGH THE AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES' CITY ACQUISITION OF LAND STRATEGY ("ACQUISITION STRATEGY"), ATTACHED AND INCORPORATED AS EXHIBIT "A"; FURTHER ALLOCATING FUNDING, ON A REIMBURSEMENT BASIS, IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS FOR FINANCIAL ASSISTANCE THROUGH THE AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES' AFFORDABLE NEW CONSTRUCTION RENTAL STRATEGY ("RENTAL STRATEGY"), ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR PROJECTS THAT HAVE APPLIED FOR AND HAVE RECEIVED LOW INCOME HOUSING TAX CREDITS; ALL ALLOCATIONS MUST BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY OF MIAMI ("CITY") LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT LIMITED TO THE CITY'S AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES, THE MIAMI FOREVER LIMITED AD VALOREM BONDS FINAL VALIDATION ORDER OF DECEMBER 16, 2019, THE TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS, AND THESE ALLOCATIONS ARE IN ADDITION TO THE AMOUNT PREVIOUSLY ALLOCATED FOR THE PREVIOUSLY ALLOCATED PROJECTS; FURTHER DIRECTING THE CITY MANAGER AND THE ADMINISTRATION TO DEVELOP AND REVISE, AS NECESSARY OR APPROPRIATE, ANY AND ALL NECESSARY DOCUMENTS, RULES, REQUIREMENTS, GUIDELINES, AND REGULATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, IN ORDER TO IMPLEMENT THE FUNDING UNDER THE ACQUISITION STRATEGY AND RENTAL STRATEGY (COLLECTIVELY, "STRATEGIES"), SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; THE FORGOING IS SUBJECT TO THE ADMINISTRATION IDENTIFYING AND PRESENTING TO THE CITY COMMISSION THE SPECIFIC PROJECTS FOR THE STRATEGIES THAT WILL BE RECEIVING BOND FUNDS PURSUANT HERETO; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 21 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item RE.7 was deferred to the June 10, 2021, City Commission Meeting. RE.8 RESOLUTION 9083 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDING ON A REIMBURSEMENT BASIS IN AN ADDITIONAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS TO BLOCK 55 OWNER, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), FOR THE AFFORDABLE HOUSING COMPONENTS OF A 19-STORY, HIGH RISE MIXED USE COMMERCIAL AND RESIDENTIAL COMPLEX PROJECT TO BE LOCATED AT 249 NORTH WEST 6TH STREET, TO BE KNOWN AS "SAWYER'S LANDING" OR "BLOCK 55" ("PROJECT"), BEING DEVELOPED BY THE DEVELOPER UPON FULFILLMENT BY THE DEVELOPER OF ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE COLLECTIVE MEMORANDA TO THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A"; SUCH ALLOCATION TO BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT LIMITED TO THE CITY'S AFFORDABLE HOUSING BONDS PROJECTS STRATEGIES, THE TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, IN ORDER TO ALLOCATE THE CITY'S MIAMI FOREVER BOND FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0209 City of Miami Page 22 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes RE.9 RESOLUTION 9084 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REQUEST BY THE COCONUT GROVE VILLAGE COUNCIL AND AUTHORIZING THE CITY CLERK TO REQUEST THAT THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS PLACE THE SLATE OF CANDIDATES FOR ELECTION TO THE COCONUT GROVE VILLAGE COUNCIL ON THE NOVEMBER 2, 2021 CITY OF MIAMI GENERAL MUNICIPAL ELECTION BALLOT AT THE APPROPRIATE PRECINCT(S), CONTINGENT UPON THE COCONUT GROVE VILLAGE COUNCIL MEETING ALL CRITERIA SET FORTH BY THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS. ENACTMENT NUMBER: R-21-0210 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes RE.10 RESOLUTION 9088 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES ARMY CORP OF ENGINEERS TO ACCELERATE THE COMPLETION OF THE RE-EVALUATION OF LAKE OKEECHOBEE OPERATIONS BASED ON CERTAIN CRITERIA AND PURSUANT TO THE NATIONAL ENVIRONMENTAL POLICY ACT ASSESSMENT FOR THE LAKE OKEECHOBEE SYSTEM OPERATING MANUAL TO IMPROVE WATER QUALITY, PRESERVE THE NATURAL ENVIRONMENT, AND PROTECT OUR WATER SUPPLY; URGING THE ADMINISTRATION OF PRESIDENT JOSEPH BIDEN TO COMPLETE THE FEDERAL FUNDING MATCH FOR EVERGLADES RESTORATION. ENACTMENT NUMBER: R-21-0211 City of Miami Page 23 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes RE.11 RESOLUTION 9089 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL NECESSARY STEPS TO CREATE A DEDICATED ROWING LANE AND MOTORIZED VESSEL EXCLUSION ZONE, FINALIZE THE CREATION AND MAINTENANCE OF A NO -WAKE ZONE, AND ESTABLISH A MOORING FIELD OF NO MORE THAN FIFTY (50) VESSELS WITHIN THE MARINE STADIUM BASIN AND TO PRESENT THE FINALIZED PLAN TO THE CITY COMMISSION FOR CONSIDERATION AND FURTHER ACTION. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item RE.11 was deferred to the June 10, 2021, City Commission Meeting. END OF RESOLUTIONS City of Miami Page 24 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 8454 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS, AND ASSIGNS A NON- EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF MIAMI ("CITY") AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR PAYMENTS TO THE CITY DURING A TERM OF TWENTY (20) YEARS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. RESULT: NO ACTION TAKEN 7 Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.1 was rolled over to the June 10, 2021, City Commission Meeting. SR.2 ORDINANCE Second Reading 8727 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY AND WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS OVER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND REPORT ANNUAL ENERGY AND WATER BENCHMARKING TO THE CITY OF MIAMI; PROVIDING FOR EXEMPTION OF CERTAIN BUILDING TYPES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item SR.2 was deferred to the June 10, 2021, City Commission Meeting. City of Miami Page 25 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 SR.3 ORDINANCE Second Reading 8867 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-87 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/PROFESSIONAL SERVICES AS DEFINED IN F.S. § 287.055, AS AMENDED FROM TIME TO TIME; AWARD OF CERTAIN PROFESSIONAL AGREEMENTS NOT EXCEEDING $500,000.00 BY THE CITY MANAGER", TO PROVIDE A CONSULTANT QUALIFICATION PROCESS, A CONSULTANT WORK PERFORMANCE EVALUATION SYSTEM, INCLUDING THE REQUIREMENTS, TERMS, AND CONDITIONS OF SUCH A SYSTEM, PROCEDURES TO ADDRESS NONCOMPLIANCE, AND THE UPDATING OF CERTAIN TERMINOLOGY THEREIN; FURTHER AMENDING SECTION 18-89 OF THE CITY CODE, TITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS", TO PROVIDE A CONTRACTOR WORK PERFORMANCE EVALUATION SYSTEM, INCLUDING THE REQUIREMENTS, TERMS, AND CONDITIONS OF SUCH A SYSTEM, PROCEDURES TO ADDRESS NONCOMPLIANCE, AND THE UPDATING OF CERTAIN TERMINOLOGY THEREIN; FURTHER TO ESTABLISH A NEW SECTION 18-123 OF THE CITY CODE, TITLED "QUALITY CONTROL PLAN FOR CONSULTANTS AND CONTRACTORS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.3 was rolled over to the June 10, 2021, City Commission Meeting. SR.4 ORDINANCE Second Reading 8892 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS", BY ESTABLISHING A NEW ARTICLE XII, TITLED "FENCE REQUIREMENTS FOR DISTRICT 4", TO CREATE A PILOT PROGRAM FOR FENCING AND LOT MAINTENANCE IN DISTRICT FOUR (4); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.4 was rolled over to the June 10, 2021, City Commission Meeting. City of Miami Page 26 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 SR.5 ORDINANCE Second Reading 8897 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GREEN INITIATIVES/FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA-FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH STATE OF FLORIDA LAWS; TO PROVIDE FOR COMPLIANCE WITH MIAMI- DADE COUNTY LAWS; TO PROVIDE FOR DEFINITIONS; AND TO PROVIDE FOR OTHER GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.5 was rolled over to the June 10, 2021, City Commission Meeting. END OF SECOND READING ORDINANCES City of Miami Page 27 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 9082 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE VI, TITLED "MASSAGE ESTABLISHMENTS," REGULATING THE HOURS OF OPERATION OF STAND ALONE MASSAGE PARLORS LOCATED IN THE CITY OF MIAMI; MORE PARTICULARLY BY CREATING SECTION 31-100, TITLED "DEFINITIONS"; SECTION 31-101, TITLED "MASSAGE ESTABLISHMENTS - PROHIBITED PRACTICES"; SECTION 31-102, TITLED "PENALTIES"; SECTION 31-103, TITLED "CUMULATIVE REMEDIES"; SECTION 31-104, TITLED "IMMUNITY"; SECTION 31-105, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item FR.1 was deferred to the June 10, 2021, City Commission Meeting. FR.2 ORDINANCE First Reading 9094 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD;" MORE PARTICULARLY BY AMENDING SECTIONS 2-1052 AND 2-1053 TO REVISE MEMBERSHIP COMPOSITION AND SELECTION PROCEDURES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item FR.2 was rolled over to the June 10, 2021, City Commission Meeting. City of Miami Page 28 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 FR.3 ORDINANCE First Reading 9101 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES -MISCELLANEOUS"; MORE PARTICULARLY BY ADDING A NEW ARTICLE II AND SECTIONS 37-100 THROUGH 37-111 TO REGULATE MASSAGE ESTABLISHMENTS; PROVIDING FOR DEFINITIONS, REGULATIONS, AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item FR.3 was deferred to the June 10, 2021, City Commission Meeting. END OF FIRST READING ORDINANCES City of Miami Page 29 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 AC.1 9096 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 MAY 27, 2021 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF CHALKS AIRLINE, INC. V. CITY OF MIAMI, CASE NUMBER 17-023207-CA-01, AND CHALKS AIRLINE, INC. AND NAUTILUS ENTERPRISES, LLC V. MIAMI SPORTS AND EXHIBITION AUTHORITY AND CITY OF MIAMI, CASE NUMBER 18-030887-CA-01, BOTH PENDING IN THE ELEVENTH 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 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 VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ARTHUR NORIEGA, V; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND SENIOR ASSISTANT CITY ATTORNEYS CHRISTOPHER A. GREEN, GEORGE K. WYSONG III, AND KERRI L. MCNULTY. 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 CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE CITY COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson ABSENT: Carollo, Reyes END OF ATTORNEY -CLIENT SESSION City of Miami Page 30 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 BU.1 8136 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: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BU.1 was rolled over to the June 10, 2021, City Commission Meeting. END OF BUDGET City of Miami Page 31 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 9059 City Manager's Office ANNUAL BOARD REPORT ORAL PRESENTATIONS TO THE CITY COMMISSION FROM THE FOLLOWING: 1. URBAN DEVELOPMENT REVIEW BOARD RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article L7, Section 2-33(k), Miami City Code, item DL1 was rolled over to the June 10, 2021, City Commission Meeting. DI.2 DISCUSSION ITEM 7084 Commissioners and Mayor A DISCUSSION REGARDING THE DOWNTOWN DEVELOPMENT AUTHORITY. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article LC, Section 2-33(k), Miami City Code, item DL2 was rolled over to the June 10, 2021, City Commission Meeting. DI.3 DISCUSSION ITEM 7091 Commissioners and Mayor A DISCUSSION REGARDING THE CONSOLIDATION OF THE COMMUNITY REDEVELOPMENT AGENCIES. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DL3 was rolled over to the June 10, 2021, City Commission Meeting. END OF DISCUSSION ITEMS City of Miami Page 32 Printed on 06/04/2021 City Commission Marked Agenda May 27, 2021 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE 3698 MAY BE WITHDRAWN Second Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH andMayor-PZ ATTACHMENTS, AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13782 MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson ABSENT: Carollo, Reyes PZ.2 ORDINANCE First Reading 9047 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), REPEALING ORDINANCE NO. 13782, Planning IMPROPERLY ADOPTED BY SMALL-SCALE AMENDMENT PROCEDURES PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, ON JULY 26, 2018, AS PROVIDED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes City of Miami Page 33 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 PZ.3 8849 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NONCONFORMING USE PILOT PROGRAM," TO ALLOW THE RE - ISSUANCE OF A CERTIFICATE OF USE FOR NONCONFORMING USES THAT HAVE LAPSED FOR A PERIOD OF MORE THAN EIGHTEEN (18) MONTHS AND LESS THAN FIVE (5) YEARS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 116 NORTHWEST 52 STREET AND 123 NORTHWEST 51 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: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Watson ABSENT: Carollo, Reyes Note for the Record: Item PZ.3 was deferred to the July 22, 2021, City Commission Meeting. PZ.4 ORDINANCE First Reading 4196 Department of Planning 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 FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item PZ.4 was continued to the June 24, 2021, City Commission Meeting. City of Miami Page 34 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 PZ.5 ORDINANCE First Reading 4201 Department of Planning 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 "T5-O," URBAN CENTER TRANSECT - OPEN, TO "T6-8-O," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: Item PZ.5 was continued to the June 24, 2021, City Commission Meeting. PZ.6 ORDINANCE Second Reading 7226 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE 0.96 ± ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13999 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: A motion was made by Commissioner Watson, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Reyes absent, to grant Shirley Gibson Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.6. City of Miami Page 35 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 Note for the Record: A motion was made by Commissioner Watson, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Reyes absent, to grant Courtney Berrien, Jena Saul and Anthony Vinciguerra Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.6. PZ.7 ORDINANCE Second Reading 7232 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN TRANSECT ZONE - RESTRICTED WITH A NEIGHBORHOOD CONSERVATION DISTRICT - 2 ("NCD-2") OVERLAY, TO "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED WITH A NEIGHBORHOOD CONSERVATION DISTRICT - 2 ("NCD-2") OVERLAY, FOR THE PROPERTIES GENERALLY LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14000 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: A motion was made by Commissioner Watson, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Reyes absent, to grant Shirley Gibson Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.7. Note for the Record: A motion was made by Commissioner Watson, seconded by Vice Chair Russell, and was passed unanimously, with Commissioner Reyes absent, to grant Courtney Berrien, Jena Saul and Anthony Vinciguerra Intervenor status pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.7. City of Miami Page 36 Printed on 06/04/2021 City Commission Marked Agenda May 27, 2021 PZ.8 ORDINANCE Second Reading 8724 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, AMENDING THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" ("MDDRS SAP"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", ATTACHED AND INCORPORATED, THAT PROPOSES TO A) UPDATE THE MDDRS SAP ENTITIES TO REFLECT THE LATEST OWNERSHIP; B) AMEND REGULATIONS ON OUTDOOR DINING AND ART INSTALLATIONS; C) CHANGE THE PERMITTED USES INCLUDED IN ARTICLE 4, TABLE 3; D) MODIFY FA?ADE REQUIREMENTS ALONG NORTHEAST 38TH STREET; E) ESTABLISH A DENSITY AND INTENSITY TRANSFER PROGRAM; AND F) DESIGNATE GATEWAY SITES AND ESTABLISH REGULATIONS FOR GATEWAY SITES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14001 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo NAYS: Watson ABSENT: Reyes PZ.9 ORDINANCE Second Reading 8725 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, APPROVING THE SECOND AMENDED AND Planning RESTATED DEVELOPMENT AGREEMENT ("AGREEMENT") PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN THE MIAMI DESIGN DISTRICT RETAIL STREET ("MDDRS") SPECIAL AREA PLAN ("SAP") APPLICANT ENTITIES DESCRIBED IN EXHIBIT "C", ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI ("CITY") TO GOVERN THE MDDRS SAP COMPRISED OF APPROXIMATELY 22.56 ACRES OF PROPERTY FOR THE PURPOSE OF A) UPDATING THE APPLICANT ENTITIES TO REFLECT THE LATEST OWNERSHIP; B) ESTABLISHING A DENSITY AND INTENSITY TRANSFER PROGRAM; C) UPDATING REGULATIONS FOR ALCOHOL BEVERAGE SALES; AND D) MODIFYING REVIEW OF REQUIRED CROSS -BLOCK PEDESTRIAN CONNECTIONS BETWEEN NORTHEAST 38 STREET AND NORTHEAST 39 STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14002 City of Miami Page 37 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo NAYS: Watson ABSENT: Reyes PZ.10 ORDINANCE First Reading 8945 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O", URBAN CENTER TRANSECT— OPEN, TO "T6-8-O", URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 1020 NORTHWEST 7 AVENUE, 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: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes END OF PLANNING AND ZONING ITEM(S) City of Miami Page 38 Printed or/ 06/04/2021 City Commission Marked Agenda May 27, 2021 NA.1 9142 City Commission NA.2 9143 City Commission NA.3 9144 City Commission ADJOURNMENT NA - NON -AGENDA ITEM(S) DISCUSSION ITEM A DISCUSSION ITEM REGARDING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $250.00, EACH, FROM THE OFFICES OF DISTRICT 1, DISTRICT 2 AND DISTRICT 5 FOR THE BOOKER T. WASHINGTON ART PROGRAM. RESULT: DISCUSSED DISCUSSION ITEM THE CITY COMMISSION PAUSED IN THEIR DELIBERATION FOR A MOMENT OF SILENCE IN REMEMBRANCE OF THE PASSING OF GABINO "GABE" SOTO, FIRE LIEUTENANT, DEPARTMENT OF FIRE RESCUE. LT. SOTO WAS A VETERAN OF THE U.S. ARMY AND BEGAN HIS 19-YEAR CAREER WITH THE CITY OF MIAMI IN APRIL 2002. HE WAS A MEMBER OF THE FIRE STATION 6-A TRT AND FIRE STATION 9-B, AS WELL AS A VALUED MEMBER OF THE SOUTH FLORIDA TASK FORCE 2 US&R TEAM, HAVING GONE OUT ON EIGHT DEPLOYMENTS AND MANY HUMANITARIAN MISSIONS. LT. SOTO IS SURVIVED BY HIS WIFE AND TWO SONS. RESULT: PRESENTED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE AND ISSUE A RIGHT OF WAY PERMIT AND NON-STANDARD RIGHT OF WAY IMPROVEMENTS AGREEMENT RELATED TO SAWYER'S WALK LOCATED NEAR NW 7 STREET BETWEEN NW 2 AVENUE AND NW 3 AVENUE AS DEPICTED IN EXHIBIT A, TO BLOCK 55 OWNER, LLC AND ITS ASSIGNS ("DEVELOPER"), FOR THE PURPOSES OF THE DEVELOPER TO USE FOR CONSTRUCTION STAGING AND FOR MAKING IMPROVEMENTS TO SAWYER'S WALK. ENACTMENT NUMBER: R-21-0212 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Watson ABSENT: Reyes The meeting adjourned at 10:40 p.m. City of Miami Page 39 Printed or/ 06/04/2021