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HomeMy WebLinkAboutCC 2022-09-22 Marked AgendaCity Commission Marked Agenda September 22, 2022 Il City of Miami Marked Agenda City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Ken Russell, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 https://miamifLiqm2.com Thursday, September 22, 2022 9:00 AM City Hall 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes On the 22nd day of September, 2022, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:24 a.m., recessed at 12:20 p.m., reconvened at 3:32 p.m., and adjourned at 4: 09 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 9:39 a.m., and Vice Chair Carollo entered the Commission chambers at 10:08 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY City of Miami Page I Printed on 09/28/2022 City Commission Marked Agenda September 22, 2022 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 12627 PROTOCOL ITEM Honoree Presenter Protocol Item Yunior Santana Mayor Suarez Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Yunior Santana, Theater Manager, responsible for the management of Manuel Artime Theater, Olympia Theater, and the Marine Stadium. Mr. Santana exhibits passion and dedication serving many of the residents and Elected Officials are confident that he will continue to excel and serve the community with distinction. PUBLIC COMMENTS FOR ALL ITEM(S) 12635 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE SEPTEMBER 22, 2022 CITY COMMISSION MEETING. RESULT: PRESENTED AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: 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 2 Printed on 09/28/2022 City Commission Marked Agenda September 22, 2022 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 12505 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 AN ADDENDUM ("AGREEMENT") TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND TMSA ALTIS 5040 LLC FOR THE CITY OF MIAMI'S CONTINUED USE OF APPROXIMATELY NINE THOUSAND TWO HUNDRED EIGHTY SQUARE FEET ("9,280 SQ. FT.") OF OFFICE SPACE LOCATED AT 5040 NORTHWEST 7 STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE PURPOSE OF EXTENDING THE TERM OF THE LEASE BETWEEN THE CITY OF MIAMI ("CITY") AND CURRENT OWNER VALORO MED OWNER, LLC ("LESSOR"), FOR THE OPERATION OF THE INTERNAL AFFAIRS DIVISION OF THE MIAMI POLICE DEPARTMENT ("MPD"), FOR AN INITIAL MONTHLY RENTAL FEE IN AN AMOUNT NOT TO EXCEED APPROXIMATELY TWENTY THREE THOUSAND NINE HUNDRED SEVENTY FOUR DOLLARS ($23,974.00) (APPROXIMATELY $31.00 PER SQUARE FOOT PER YEAR), ALL INCLUSIVE AND WITH ANNUAL INCREASES, FOR A PERIOD OF FIVE (5) YEARS, AS MORE PARTICULARLY SET FORTH IN THE PROPOSAL ATTACHED AND INCORPORATED AS EXHIBIT A ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE MPD'S BUDGET, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH HEREIN AND IN SAID AGREEMENT. ENACTMENT NUMBER: R-22-0352 This matter was ADOPTED on the Consent Agenda. City of Miami Page 3 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 CA.2 RESOLUTION 12425 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENTS ("AGREEMENTS") WITH THE ENGINEERING FIRMS OF MASTER CONSULTING ENGINEERS, INC., DOUGLAS WOOD ASSOCIATES, INC., AND EASTERN ENGINEERING GROUP COMPANY, ALL FLORIDA PROFIT CORPORATIONS (COLLECTIVELY THE "CONSULTANTS"), FOR ADDITIONAL WORK CONCERNING THE PROVISION OF MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES SOLICITED UNDER REQUEST FOR QUALIFICATIONS ("RFQ") NO. 16-17-018, WITH AN INCREASE TO THE EXISTING CAPACITY OF EACH OF THE AGREEMENTS IN AN AMOUNT NOT -TO -EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00), THEREBY INCREASING THE TOTAL CAPACITY OF EACH OF THE AGREEMENTS FROM AN AMOUNT NOT -TO - EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO AN AMOUNT NOT -TO -EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00); ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENTS WITH THE CONSULTANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0353 This matter was ADOPTED on the Consent Agenda. City of Miami Page 4 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 CA.3 RESOLUTION - Item Pulled from Consent 12486 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO FLORIDA ENGINEERING AND DEVELOPMENT CORP. ("FED"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION TO BID ("ITB") NO. 20-21-004, TO PROVIDE CONSTRUCTION SERVICES FOR THE OVERTOWN GREENWAY AT NW 11TH STREET (FROM NW 7TH AVENUE TO NW 12TH AVENUE) - PROJECT NO. B-173648, WITH A CONTRACT VALUE IN THE NOT -TO -EXCEED AMOUNT OF $882,353.40, PLUS A TEN PERCENT (10%) OWNER'S CONTINGENCY ALLOWANCE IN THE NOT -TO -EXCEED AMOUNT OF $88,235.34, FOR A TOTAL NOT -TO -EXCEED CONTRACT AWARD VALUE OF $970,588.74, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENTS PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH FED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item CA.3 was deferred to the October 13, 2022, City Commission Meeting. City of Miami Page 5 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 CA.4 12368 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF AGREEMENT AND CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNIVERSITY OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE, INC., D/B/A INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT, FOR THE REIMBURSEMENT OF OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED $128,654.92, WITH NO MATCH FUNDS FROM THE CITY, FOR MIAMI POLICE DEPARTMENT ("MPD") OFFICERS CONDUCTING TRAFFIC ENFORCEMENT DETAILS AND COMMUNITY EDUCATION INITIATIVES CONSISTENT WITH THE PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID FUNDS. ENACTMENT NUMBER: R-22-0354 This matter was ADOPTED on the Consent Agenda. CA.5 RESOLUTION 12510 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 145 ALBANY AVENUE, LLC ("LESSOR"), FOR THE CITY'S USE OF APPROXIMATELY TWO THOUSAND SEVEN HUNDRED AND FIFTY-EIGHT (2,758) RENTABLE SQUARE FEET OF WAREHOUSE/OFFICE SPACE, LOCATED AT 2858 NW 79TH AVENUE, MIAMI, FLORIDA 33122 FOR THE OPERATION OF THE INTERNAL AFFAIRS DIVISION OF THE CITY'S POLICE DEPARTMENT, WITH A MONTHLY RENTAL FEE OF APPROXIMATELY FIVE THOUSAND SEVEN HUNDRED AND FORTY-SIX DOLLARS ($5,746) ($25 PER SQUARE FOOT PER YEAR), WITH ANNUAL INCREASES FORA TERM OF FIVE (5) YEARS, AS MORE PARTICULARLY DESCRIBED IN THE PROPOSAL ATTACHED AND INCORPORATED AS EXHIBIT A; ALLOCATING FUNDS FROM THE CITY POLICE DEPARTMENT'S BUDGET, WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. ENACTMENT NUMBER: R-22-0355 This matter was ADOPTED on the Consent Agenda. City of Miami Page 6 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 CA.6 12548 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A THIRD DONATION FROM THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("WYNWOOD BID") IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO ESTABLISH A SPECIAL REVENUE PROJECT TITLED: "THE WYNWOOD BID SECURITY SYSTEM PHASE THREE;" ALLOCATING SAID FUNDS TO THE MIAMI POLICE DEPARTMENT'S ("MPD") SPECIAL REVENUE FUND ACCOUNT NUMBER 12000.191501.466000.0.0, FOR THE PROVISION OF THIRTY (30) CAMERAS AND SEVEN (7) AUTOMATED LICENSE PLATE READERS AS A THIRD PHASE EXPANSION PROJECT WITHIN THE WYNWOOD BID AREA AND INTEGRATION INTO MPD'S REAL TIME CRIME CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO APPROVE THE EXPENDITURE OF FUNDS ALLOCATED TO THE PROJECT AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DISPERSAL OF PROJECT FUNDS. ENACTMENT NUMBER: R-22-0356 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA City of Miami Page 7 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 12436 Department of Housing and Community Development PH.2 12437 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS ("CDBG-CV3") FUNDS IN THE AMOUNT OF $2,075,000.00 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S SMALL BUSINESS EMERGENCY LOAN PROGRAM II TO THE DEPARTMENT OF PARKS AND RECREATION FOR ELIGIBLE PARK IMPROVEMENT ACTIVITIES AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.1 was deferred to the October 13, 2022, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $800,000.00 IN THE ECONOMIC DEVELOPMENT CATEGORY FROM DISTRICT 3 TO THE DEPARTMENT OF PARKS AND RECREATION TO BE USED FOR PARK IMPROVEMENT ACTIVITIES IN DISTRICT 3; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.2 was deferred to the October 13, 2022, City Commission Meeting. City of Miami Page 8 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PH.3 RESOLUTION 12429 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "CARDINAL PLAZA", 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; 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-22-0357 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla PH.4 RESOLUTION 12441 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING THE PROPERTIES LOCATED AT 5601, 5615, AND 5645 SOUTHWEST 8 STREET, MIAMI, FLORIDA 33134 AS A BROWNFIELD AREA WITHIN THE CITY OF MIAMI, FLORIDA, PURSUANT TO CHAPTER 376.80(2)(C), FLORIDA STATUTES MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.4 was deferred to the November 17, 2022, City Commission Meeting. City of Miami Page 9 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PH.5 RESOLUTION 12539 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, 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 2 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) TO REBUILDING TOGETHER MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("REBUILDING TOGETHER"), IN SUPPORT OF SAFE AND HEALTHY HOMES IN THE AREA DESIGNATED "LITTLE BAHAMAS OF COCONUT GROVE"; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0358 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla City of Miami Page 10 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PH.6 12545 Commissioners and Mayor RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING GRANT FUNDING IN AN AMOUNT NOT TO EXCEED TWO MILLION, TWO HUNDRED THOUSAND DOLLARS ($2,200,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS TO GREATER ST. PAUL A.M.E. CHURCH, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), SO THAT DEVELOPER CAN CAUSE TO BE REHABILITATED A MIXED -INCOME HOUSING DEVELOPMENT ON TWO PARCELS THAT WILL CONTAIN TWO (2) CITY - ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN FIFTY PERCENT (50%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") AND EIGHT (8) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN EIGHTY PERCENT (80%) OF AMI AS PUBLISHED ANNUALLY BY HUD ("PROJECT"), PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC") ("HCLC APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND THE HCLC APPROVAL, 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, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND ARPA FUNDS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 11 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.6 was deferred to the October 13, 2022, City Commission Meeting. City of Miami Page 12 Printed on 09/28/2022 City Commission Marked Agenda September 22, 2022 PH.7 12543 Commissioners and Mayor RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING GRANT FUNDING IN AN AMOUNT NOT TO EXCEED FOUR MILLION, FIVE HUNDRED THOUSAND DOLLARS ($4,500,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), SO THAT DEVELOPER CAN CAUSE TO BE CONSTRUCTED A NEW MIXED -INCOME HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN TWENTY TWO (22) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN FIFTY PERCENT (50%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") AND FIVE (5) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME IS EQUAL TO OR LESS THAN ONE HUNDRED PERCENT (100%) OF AMI AS PUBLISHED ANNUALLY BY HUD ("PROJECT"), PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT APPROVAL"), AND SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC") ("HCLC APPROVAL"), AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN, IN THE CONSULTANT APPROVAL, AND IN THE HCLC APPROVAL, PROVIDED THAT THE DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL; SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE CONSULTANT APPROVAL AND THE HCLC APPROVAL, 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, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND ARPA FUNDS AND SUBJECT TO THE DEVELOPER FULFILLING ALL OF THE TERMS AND CONDITIONS TO BE SET FORTH IN THE CONSULTANT APPROVAL AND HCLC APPROVAL, IN ORDER TO ALLOCATE THE CITY'S ARPA FUNDING TO THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 13 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.7 was deferred to the October 13, 2022, City Commission Meeting. PH.8 RESOLUTION 12541 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY FOR A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH THE BAY OF PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC. ("BRIGADE 2506") FOR THE USE OF TOWER THEATER LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI, FLORIDA TO BETTER OPERATE THE THEATER WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo City of Miami Page 14 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PH.9 RESOLUTION 12540 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) AND SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED RESTRICTIVE COVENANTS, WITH AFFORDABLE HOUSING RESTRICTIONS AND SECTION 29-B(C) RELATED RESTRICTIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY") AND THE BAY OF PIGS VETERANS ASSOCIATION, 2506 BRIGADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BRIGADE 2506"), OR A SUBSIDIARY OF BRIGADE 2506 OF WHICH BRIGADE 2506 POSSESSES AT LEAST A FIFTY-ONE PERCENT (51%) OWNERSHIP INTEREST AND WHOSE LEGAL EXISTENCE IS ACCEPTABLE TO THE CITY IN ITS SOLE AND ABSOLUTE DISCRETION, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND A MUSEUM ON THE CITY - OWNED PARCEL OF LAND THAT IS CURRENTLY OCCUPIED BY THE TOWER THEATER PARKING LOT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO THE TERMS AND RESTRICTIONS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo END OF PUBLIC HEARINGS City of Miami Page 15 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 RE.1 12330 Office of the City Attorney RE.2 12377 Office of the City Attorney RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED JULY 15, 2015 FOR CASE NUMBER CE2015003889 FOR PROPERTY ADDRESS 1030 NORTHWEST 45 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0359 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Russell, Diaz de la Portilla RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED JULY 5, 2016 FOR CASE NUMBER CE2015013517 FOR PROPERTY ADDRESS 3639 NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0360 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes ABSENT: Russell City of Miami Page 16 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 RE.3 12483 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED SEPTEMBER 16, 2015 FOR CASE NUMBER CE2015004960 AND THE CODE ENFORCEMENT LIEN RECORDED OCTOBER 18, 2018 FOR CASE NUMBER CE2018012239 ON PROPERTY ADDRESS 785 NORTHEAST 70 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-22-0361 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Russell, Diaz de la Portilla City of Miami Page 17 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 RE.4 12369 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE AUDIT OF FOUR (4) VACANT POSITIONS OF THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT BY CONVERTING ONE (1) VACANT ASSISTANT CHIEF OF POLICE POSITION TO A FIRST ASSISTANT CHIEF OF POLICE CLASSIFICATION THAT WILL ASSIST THE CHIEF OF POLICE IN DIRECTING THE POLICE DEPARTMENT; CONVERTING ONE (1) VACANT UNCLASSIFIED CHIEF OF STAFF POSITION TO A SWORN EXECUTIVE OFFICER CLASSIFICATION THAT WILL BE MORE SUITABLE IN ACHIEVING THE MISSION AND GOALS IN THE POLICE DEPARTMENT; CONVERTING ONE (1) ADMINISTRATIVE ASSISTANT I POSITION TO A GRANTS FINANCIAL ANALYST CLASSIFICATION TO MANAGE THE POLICE DEPARTMENT'S GRANT AWARDS TOTALING APPROXIMATELY $26.5 MILLION; AND CONVERTING ONE (1) SCHOOL CROSSING GUARD SUPERVISOR POSITION TO A CRIME SCENE INVESTIGATOR I CLASSIFICATION; AUTHORIZING THE CITY MANAGER TO MODIFY THE PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2021-2021 IN THE AMOUNT OF UP TO $180,000.00, AS REQUIRED PURSUANT TO RESOLUTION NO. R-21-0402 ADOPTED SEPTEMBER 23, 2021 AND RESOLUTION NO. R-21- 0408 ADOPTED OCTOBER 1, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2021- 2022 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0362 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 18 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 RE.5 12448 Department of Procurement RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF THE CITY OF MIAMI ("CITY") PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT NOS. 16-17- 063 FOR CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS, 17-18-026 FOR CIVIL ENGINEERING SERVICES FOR THE WEST GROVE ROADWAY IMPROVEMENTS, 17-18-031 FOR CIVIL ENGINEERING SERVICES FOR THE MIAMI RIVER GREENWAY CURTIS PARK EAST, 18-19-012 FOR MISCELLANEOUS CONSTRUCTION ENGINEERING AND INSPECTION SERVICES, 20-21-005 FOR MISCELLANEOUS TRANSPORTATION AND TRAFFIC ENGINEERING SUPPORT SERVICES, AND 20-21-011 FOR MISCELLANEOUS ENGINEERING SERVICES (JOINTLY "CONTRACTS"), FROM A & P CONSULTING TRANSPORTATION ENGINEERS CORP., A FLORIDA PROFIT CORPORATION ("APCTE"), TO CHA CONSULTING, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("CHA"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF THE CONTRACTS WITH CHA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE MANAGER TO ISSUE CHA THE APPROPRIATE NOTICE TO PROCEED ("NTP") FOR EACH OF THE CONTRACTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND PRIOR BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0363 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 19 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 RE.6 RESOLUTION 12484 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("LICENSE"), BETWEEN DT RESIDENTIAL SOUTH, LLC ("LICENSOR") AND THE CITY OF MIAMI ("CITY"), FOR THE USE OF CERTAIN SPACE ON THE ROOF AND IN THE DISTRIBUTED ANTENNA SYSTEM ROOM ("DAS ROOM") OF THE BUILDING LOCATED AT 400 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA 33128 ("LICENSE AREA") FOR THE INSTALLATION, OPERATION, AND MAINTENANCE, AT CITY'S SOLE COST AND EXPENSE, OF CERTAIN COMMUNICATIONS EQUIPMENT IN THE LICENSED AREA FOR THE CITY'S OPERATION AND MAINTENANCE OF RADIO COMMUNICATION SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID LICENSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO AUTHORIZE THE PROPOSED USE. ENACTMENT NUMBER: R-22-0364 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes RE.7 RESOLUTION 12524 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE TWENTY-FIVE PERCENT (25%) OF ALL RENT REVENUES GENERATED FROM THE MIAMI FREEDOM PARK STADIUM LEASE AND COMMERCIAL LEASE TO THE ANTI- POVERTY INITIATIVE ("API") PROGRAM FUND OF THE CITY OF MIAMI ON AN ANNUAL BASIS FOR THE DURATION OF THE STADIUM LEASE AND COMMERCIAL LEASE; AUTHORIZING THE FUNDING TO BE ALLOCATED AND APPROPRIATED ACCORDING TO THE ANTI -POVERTY INITIATIVE PROGRAM GUIDELINES AND DISTRIBUTED TO EACH COMMISSION DISTRICT AND THE MAYOR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-22-0365 City of Miami Page 20 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes RE.8 RESOLUTION 12564 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING EXECUTION OF A PARTIAL RELEASE OF THE AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B", IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON THE PROPERTY GENERALLY LOCATED AT 380 NORTHEAST 32 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND ACCEPTANCE OF NO LESS THAN FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) PRIOR TO THE RELEASE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item RE.8 was deferred to the October 13, 2022, City Commission Meeting. RE.9 RESOLUTION 12563 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR A PRIVATE PROPERTY PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW THE PROPERTY AT 460 NORTHWEST 36TH COURT, MIAMI, FLORIDA TO HOST TEMPORARY EVENTS CONSISTING OF THE SALE OF CHRISTMAS TREES AND SPARKLERS BEGINNING NOVEMBER 20, 2022 AND ENDING DECEMBER 31, 2022. ENACTMENT NUMBER: R-22-0366 City of Miami Page 21 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 RE.10 12562 Commissioners and Mayor MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPORTIONING THE REMAINING MIAMI FOREVER BOND LIMITED AD VALOREM ("MIAMI FOREVER BOND") FUNDS ALLOCATED TO PARKS AND CULTURAL FACILITIES IN THE TOTAL NOT TO EXCEED OF AMOUNT OF FIFTY-TWO MILLION, SIX HUNDRED FIFTY-ONE THOUSAND, SEVEN HUNDRED SEVENTY-ONE DOLLARS ($52,651,771.00) TO EACH COMMISSION DISTRICT AS INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE COMMISSIONER OF EACH DISTRICT TO ALLOCATE AND APPROPRIATE BY FUTURE RESOLUTION(S) TO ELIGIBLE PROJECTS; ALL ALLOCATIONS OF MIAMI FOREVER BOND FUNDS BY THE CITY COMMISSION TO ELIGIBLE PROJECTS ARE SUBJECT TO THE CITY OF MIAMI TAKING ANY AND ALL NECESSARY ACTIONS TO AMEND THE MULTI -YEAR CAPITAL PLAN AND COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND AUTHORIZATIONS, INCLUDING BUT NOT LIMITED TO, FEDERAL LAWS, STATE LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MIAMI FOREVER BOND VALIDATION ORDER. ENACTMENT NUMBER: R-22-0367 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes END OF RESOLUTIONS City of Miami Page 22 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 11999 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE Building XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY BY AMENDING SECTIONS 62-602 AND 62-616; WITH RESPECT TO THE MURAL REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO INCLUDE THE AREAS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AND TO ESTABLISH A TIME LIMITATION AND REQUIREMENT FOR SPECIFICITY FOR APPEALS OF ACTIONS OF THE CITY MANAGER'S DESIGNEE RELATED TO MURALS AND SPECIFY WHICH PARTIES HAVE A RIGHT OF APPEAL FOR MURALS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. FR.2 12282 Commissioners and Mayor MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CODIFYING AND SUPPLEMENTING THE AFFORDABLE HOUSING TRUST FUND, AS IT WAS PREVIOUSLY ESTABLISHED BY RESOLUTION NO. 07-0203, BY AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE"; MORE PARTICULARLY BY ESTABLISHING A NEW ARTICLE XIII OF THE CITY CODE, TITLED "AFFORDABLE HOUSING TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 23 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 FR.3 ORDINANCE First Reading 11135 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION 2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item FR.3 was deferred to the October 13, 2022, City Commission Meeting. FR.4 ORDINANCE First Reading 12215 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS - GENERALLY; EXEMPTION," AND CHAPTER 36/SECTION 36-5 OF THE CITY CODE, TITLED "NOISE/SAME - HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," TO ONLY EXEMPT CITY -SPONSORED EVENTS AT CITY FACILITIES OR PROPERTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 24 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 FR.5 ORDINANCE First Reading 7221 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNT- HOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER; PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE APPLICABLE PROCUREMENT METHOD THAT SELECTS OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE REMAINING DURATION OF THE PILOT PROGRAM WITH CERTAIN LIMITED EXCEPTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo City of Miami Page 25 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 FR.6 ORDINANCE First Reading 10658 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STARS OF CALLE OCHO ADVISORY COMMITTEE"; MORE SPECIFICALLY BY AMENDING SECTION 2- 1329 OF THE CITY CODE, TITLED "STARS OF CALLE OCHO WALK OF FAME CELEBRITY AND COMMUNITY RECOGNITION ADVISORY COMMITTEE —ESTABLISHMENT, PURPOSE AND POWERS AND DUTIES," BY MAKING THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION RESPONSIBLE FOR ALL MATTERS CONCERNING THE STARS ALONG THE CALLE OCHO WALK OF FAME AND PROVIDING FOR THE CITY COMMISSION'S CONFIRMATION OF ALL NOMINEES FOR SUCH A STAR; FURTHER AMENDING, SECTION 2-1330 OF THE CITY CODE, TITLED "MEMBERSHIP AND QUALIFICATIONS, MEETINGS AND QUORUM," BY CHANGING THE NUMBER OF STARS OF CALLE OCHO ADVISORY COMMITTEE BOARD MEMBERS AND THEIR NOMINATION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes FR.7 ORDINANCE First Reading 12148 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION," PROVIDING FOR FURTHER PENALTIES AND ENFORCEMENT OPTIONS FOR PROPERTY OWNERS THAT ALLOW HISTORICALLY DESIGNATED STRUCTURES TO DECAY TO THE POINT OF REQUIRING DEMOLITION; CONTAINING A SEVERANCE CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 26 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 FR.8 ORDINANCE First Reading 12281 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," BY PROVIDING FOR AN EXEMPTION TO ALLOW FOOD TRUCK OPERATIONS IN A LIMITED CAPACITY AT DEFINED INTERMODAL TRANSPORTATION AREAS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes FR.9 ORDINANCE First Reading 12567 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 58 ACRES OF LAND WITHIN THE PROPERTIES LOCATED AT 1400, 1500, 1550, 1600, 1800, AND 1822 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS "JORGE MAS CANOSA PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-33, TITLED "NAMING OF JORGE MAS CANOSA PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 27 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 FR.10 ORDINANCE First Reading 12445 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK AND MAURICE FERRE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes FR.11 ORDINANCE First Reading 12577 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10-70 TO AMEND THE QUALIFYING DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item FR.11 was deferred to the October 13, 2022, City Commission Meeting. END OF FIRST READING ORDINANCES City of Miami Page 28 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 BC.1 12424 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 PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Mercedes Rodriguez ENACTMENT NUMBER: R-22-0368 NOMINATED BY: Commissioner Alex Diaz de la Portilla MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: A motion was made by Vice Chair Carollo, seconded by Commissioner Reyes, and was passed unanimously, to appoint Mercedes Rodriguez as a member of the Planning, Zoning and Appeals Board; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, by a four fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment of Mercedes Rodriguez as a member of the Planning, Zoning and Appeals Board. END OF BOARDS AND COMMITTEES City of Miami Page 29 Printed on 09/28/2022 City Commission Marked Agenda September 22, 2022 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 11670 Department of Resilience and Public Works DI.2 11128 Department of Solid Waste A DISCUSSION ITEM FOR THE CITY COMMISSION REGARDING A RESOLUTION PASSED BY THE CLIMATE RESILIENCE COMMITTEE RECOMMENDING TO ADOPT A POLICY FOR CAPITAL PROJECTS THAT ADDRESS STORMWATER MANAGEMENT OR FLOOD MITIGATION. TO CONSIDER AND ADDRESS AS APPROPRIATE, HEAT MITIGATION, HEAT AND STORMWATER MONITORING, GREENHOUSE GAS REDUCTION, AND FUTURE MOBILITY (WITH AN EMPHASIS ON NON -CARBON - EMITTING MODES OF TRANSPORTATION). RECOMMENDING THE CITY MANAGER TO REQUIRE THE FOLLOWING FOR APPROPRIATE CAPITAL PROJECTS: NATURE-BASED/LOW- IMPACT DEVELOPMENT BE INCORPORATED IN THE SCOPE OF WORK (SOW); TO INCLUDE LANDSCAPE ARCHITECT WITH NATURE -BASED INFRASTRUCTURE EXPERIENCE AND PERSONNEL WITH ADAPTATION PLANNING EXPERIENCE BE INCLUDED IN THE QUALIFICATION OF THE SOW; AND WATERFRONT EDGE DESIGN GUIDELINES (WEDG) AND ENVISION CERTIFICATION GUIDELINES BE CONSIDERED IN CAPITAL PROJECT DESIGN. RESULT: DISCUSSED DISCUSSION ITEM MAY BE WITHDRAWN A DISCUSSION REGARDING THE BULKY TRASH COLLECTION COST STUDY REPORT. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item DI.2 was deferred to the October 13, 2022, City Commission Meeting. City of Miami Page 30 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 DI.3 DISCUSSION ITEM 12507 Department of Resilience and Public Works A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING A RESOLUTION OF THE MIAMI CLIMATE RESILIENCE COMMITTEE, RECOMMENDING TO THE MIAMI CITY COMMISSION, AN ORDINANCE AMENDING CHAPTER 38/ARTICLE VII/SECTION 38- 249 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY/ MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY," SPECIFICALLY BY REMOVING SUBSECTION (G) TO ELIMINATE THE PROHIBITION OF PLANTING MANGROVES ALONG THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY. RESULT: DISCUSSED DI.4 DISCUSSION ITEM 12549 Department of Human Services A DISCUSSION OF THE MIAMI CITY COMMISSION CONCERNING THE HOMELESS TRANSITION ZONE LOCATION. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo END OF DISCUSSION ITEMS City of Miami Page 31 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PZ.1 12292 Department of Planning PZ.2 12195 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CITY OF MIAMI CODE OF ORDINANCES, AS AMENDED, THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE ONE (1) 326.33 FOOT LONG AND SIX-FOOT WIDE PLATTED UTILITY EASEMENT, BOUNDED BY NORTHEAST 64 TERRACE TO THE NORTH, FLORIDA EAST COAST RAILWAY TO THE EAST, NORTHEAST 62 STREET TO THE SOUTH, AND NORTHEAST 2 AVENUE TO THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0369 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTY GENERALLY LOCATED AT 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0370 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla City of Miami Page 32 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PZ.3 12288 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF 6925 BISCAYNE, LLC, REVERSING / AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-017 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 6901 BISCAYNE BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND / OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.3 was deferred to the October 13, 2022, City Commission Meeting. City of Miami Page 33 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PZ.4 12289 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ. REVERSING /AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R- 22-018 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.4 was deferred to the October 13, 2022, City Commission Meeting. City of Miami Page 34 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PZ.5 12290 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF BILL'S NURSERY, INC., REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-019 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 172 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.5 was deferred to the October 13, 2022, City Commission Meeting. City of Miami Page 35 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PZ.6 ORDINANCE First Reading 12036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning ATTACHED AND INCORPORATED AS EXHIBIT "C", BETWEEN THE CITY OF MIAMI AND THE MOST REVEREND THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESES OF MIAMI, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AS CONTEMPLATED IN A SETTLEMENT AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "D", TO GOVERN DEVELOPMENT ON THE PROPERTY LOCATED AT APPROXIMATELY 3601, 3667, AND 3675 SOUTH MIAMI AVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTY"), WHICH IS ZONED CIVIC INSTITUTIONAL, "Cl" TRANSECT ZONE; AUTHORIZING THE EXISTING CIVIC INSTITUTIONAL USES LOCATED ON A PORTION OF THE PROPERTY, SPECIFICALLY 3601 AND 3667 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", TO BE EXPANDED BY UP TO, AND NOT TO EXCEED, 144,000 SQUARE FEET BEYOND THE EXISTING FLOOR AREA ON SITE BY RIGHT AND AUTHORIZING A PORTION OF THE PROPERTY, SPECIFICALLY 3675 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "B", TO BE DEVELOPED WITH AN EIGHT (8) STORY BUILDING AT A MAXIMUM HEIGHT OF EIGHTY- SEVEN FEET (87'), AND TO HAVE AN ASSISTED LIVING FACILITY USE ONLY IF DEVELOPED IN SUBSTANTIAL COMPLIANCE WITH THE PLANS WITH APPROXIMATELY 189,575 SQUARE FEET OF FLOOR AREA, ATTACHED AS EXHIBIT "D" OF THE DEVELOPMENT AGREEMENT; THE PROPERTY MAY BE FURTHER DEVELOPED WITH THOSE USES AND DENSITY PERMITTED WITHIN THE CIVIC INSTITUTIONAL, "Cl" ZONING TRANSECT, PURSUANT TO TABLE 3, ARTICLE 4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UNDER THE EXISTING ZONING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla City of Miami Page 36 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PZ.7 ORDINANCE First Reading 12520 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING APPENDIX P: WYNWOOD NORTE NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-2") OF THE MIAMI 21 CODE, MORE SPECIFICALLY BY AMENDING APPENDIX P SECTION 5, TITLED "SPECIFIC TO ZONES", TO MODIFY RESIDENTIAL DENSITY CALCULATION REQUIREMENTS FOR T4 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.7 was deferred to the October 13, 2022, City Commission Meeting. PZ.8 ORDINANCE Second Reading 12008 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING APPENDIX E, BRICKELL CITY CENTRE SPECIAL AREA PLAN ("BCC SAP") OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO APPROVE THE FOURTH AMENDMENT TO THE PREVIOUSLY APPROVED "BCC SAP"; TO MAKE PROVISION FOR THE ONE BCC SIGNATURE OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT INCLUDES LARGER TOWER FLOORPLATES FOR THE PROPERTY GENERALLY LOCATED AT 799 BRICKELL PLAZA, 700 BRICKELL AVENUE, AND 710 BRICKELL AVENUE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14106 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes City of Miami Page 37 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 PZ.9 ORDINANCE Second Reading 12064 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), RECOMMENDING APPROVAL OF A THIRD Planning AMENDMENT TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC. ("APPLICANT"), AFFILIATED PARTIES, AND THE CITY OF MIAMI, FLORIDA ("CITY"), BY MODIFIYING THE EXISTING SAP REGULATING PLAN, AS AMENDED AND DESIGN GUIDELINES TO REFLECT CERTAIN REVISED BUILDING PARAMETERS FOR THE ONE BCC SIGNATURE OFFICE CONCEPT, LOCATED AT APPROXIMATELY 700 BRICKELL AVENUE, 710 BRICKELL AVENUE AND 799 BRICKELL PLAZA, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MAKE PROVISION FOR THE ONE BCC SIGNATURE OFFICE DEVELOPMENT, AN ALTERNATE CONCEPT FOR THE ONE BCC PARCEL, WHICH MAY UTILIZE CERTAIN DESIGN FLEXIBILITIES THAT INCLUDES LARGER TOWER FLOORPLATES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14107 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes END OF PLANNING AND ZONING ITEM(S) City of Miami Page 38 Printed or/ 09/28/2022 City Commission Marked Agenda September 22, 2022 FL - FUTURE LEGISLATION FL.1 12489 Department of Building ADJOURNMENT ORDINANCE AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 / ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "BUILDINGS," "IN GENERAL," PROVIDING FOR AN ADJUSTMENT OF TEMPORARY OCCUPANCY EXTENSION FEES; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION The meeting adjourned at 4: 09 p.m. City of Miami Page 39 Printed or/ 09/28/2022