Loading...
HomeMy WebLinkAboutCC 2023-01-26 Marked AgendaCity Commission Marked Agenda January 26, 2023 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 Vacant, 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://miamitLiqm2.com Thursday, January 26, 2023 9:00 AM City Hall 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, and Commissioner Reyes On the 26th day of January 2023, 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 10:06 a.m., recessed at 12:01 p.m., reconvened at 3:51 p.m., and adjourned at 6:47p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 10:22 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City of Miami Page 1 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 13307 PROTOCOL ITEM Honoree Presenter Protocol Item Katherine Martinez of Camillus House Commissioner King Certificate of Merit Willy Bermello Commissioner Reyes Proclamation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Katherine Martinez, Senior Vice President of Programs at Camillus House. Since 2004, Ms. Martinez has been devoted to addressing the homeless conditions in the City of Miami. In 2013, Ms. Martinez joined Camillus House as the Emergency Housing Director and was promoted to Director of Emergency and Community Housing. In that role, she was responsible for overseeing the Homeless Prevention Program, the Downtown Enhancement Team Employment Program and Project Lazarus, a specialized outreach program serving the chronically homeless on the streets. Ms. Martinez is a dedicated community partner whose work is invaluable in elevating the quality of life in the City of Miami. Elected Officials paused in their deliberations to commend her dedication and continued commitment to our most vulnerable. 2) Mayor Suarez and Commissioners presented a proclamation to Miami architect Willy A. Bermello of Bermello Ajamil & Partners. Mr. Bermello has been a member of the City of Miami Urban Development Review Board providing his guidance and leadership through his proficiency and experience and has contributed to the evolution and transformation of Miami over the course of 32 years. He was one of the early adopters of sustainable design and is renowned around the globe for his forward -thinking and bold designs. Elected Officials paused in their deliberations to honor and commend Mr. Willy A. Bermello for his invaluable contributions to our community and wish hint well in retirement and future endeavors and thereby proclaimed January 26, 2023, as "Willy A. Bermello Day" in the City of Miami. City of Miami Page 2 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PUBLIC COMMENTS FOR ALL ITEM(S) 13417 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JANUARY 26, 2023 CITY COMMISSION MEETING. RESULT: PRESENTED ORDER OF THE DAY AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) 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 02/03/2023 City Commission Marked Agenda January 26, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Diaz de Ia Portilla, Reyes ABSENT: Carollo CA.1 RESOLUTION 13098 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 GRANT OF EASEMENT ("EASEMENT"), FOR THE BENEFIT OF THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM LANCELOT MIAMI RIVER, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GRANTOR"), FOR A PERPETUAL NON- EXCLUSIVE EASEMENT ON A PORTION OF THE GRANTOR - OWNED PROPERTY IDENTIFIED AS 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-038-0030 ("PROPERTY"), CONSISTING OF APPROXIMATELY SEVENTY TWO (72) SQUARE FEET AND A VERTICAL CLEARANCE OF APPROXIMATELY TWENTY FIVE (25) FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SOLELY FOR THE PURPOSE OF THE OPERATION AND MAINTENANCE OF EXISTING STORMWATER UTILITY FACILITIES LOCATED WITHIN THE EASEMENT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0039 This matter was ADOPTED on the Consent Agenda. City of Miami Page 4 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 CA.2 RESOLUTION 13099 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 GRANT OF EASEMENT ("EASEMENT"), FOR THE BENEFIT OF THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM CH RIVERSIDE LLC, A DELAWARE LIMITED LIABILITY COMPANY ("GRANTOR"), FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON A PORTION OF THE GRANTOR -OWNED PROPERTY IDENTIFIED AS 300 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-038-0035 ("PROPERTY"), CONSISTING OF APPROXIMATELY FOUR HUNDRED THREE (403) SQUARE FEET AND A VERTICAL CLEARANCE OF APPROXIMATELY TWENTY FIVE (25) FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SOLELY FOR THE PURPOSE OF THE OPERATION AND MAINTENANCE OF EXISTING STORMWATER UTILITY FACILITIES LOCATED WITHIN THE EASEMENT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0040 This matter was ADOPTED on the Consent Agenda. CA.3 RESOLUTION 13153 Department of Real Estate and Asset Management; Department of Fire - Rescue A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO MIAMI-DADE COUNTY ("COUNTY") FOR A PUBLIC PURPOSE CONVEYANCE OF A PORTION OF CERTAIN COUNTY -OWNED LAND ADJACENT TO THE CITY OF MIAMI'S MIAMARINA AT BAYSIDE, IDENTIFIED IN THE AERIAL OVERLAY ATTACHED AND INCORPORATED AS EXHIBIT "A" ("PROPERTY"), TO THE CITY FOR USE BY THE DEPARTMENT OF FIRE RESCUE; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPERTY AND TO NEGOTIATE AND EXECUTE SUCH AGREEMENTS, APPLICATIONS, AND OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE CONVEYANCE OF THE PROPERTY TO THE CITY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-23-0041 This matter was ADOPTED on the Consent Agenda. City of Miami Page 5 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 CA.4 13097 Department of Fire - Rescue CA.5 13086 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONSTRUCTION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), PERMITTING THE CITY TO CONSTRUCT, AT ITS OWN EXPENSE, 160 LINEAR FEET OF GUARDRAIL WITHIN FDOT'S RIGHT-OF-WAY TO PROTECT THE PROPERTY KNOWN AS FIRE STATION 6, LOCATED AT 701 NORTHWEST 36TH STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, OR RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE 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, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0042 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "MIAMI SEATBELT ENFORCEMENT PROJECT FY 2023"; ACCEPTING A SUBGRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $85,000.00 WITH NO LOCAL MATCH FUNDS REQUIRED; APPROPRIATING SAID FUNDS TO THE MIAMI POLICE DEPARTMENT TO PROVIDE RESOURCES FOR MOTOR VEHICLE SAFETY INITIATIVES AND EDUCATIONAL CAMPAIGN TO REDUCE SEATBELT VIOLATIONS AND INCREASE HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE SUBGRANT AWARD. ENACTMENT NUMBER: R-23-0043 This matter was ADOPTED on the Consent Agenda. City of Miami Page 6 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 CA.6 RESOLUTION 13103 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000.00) ("GRANT") FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") WITH NO CITY OF MIAMI ("CITY") MATCH, TO PROVIDE EXTENDED OUTREACH AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE COUNTY'S JUDICIAL AND HEALTH SYSTEMS, WITH SAID SERVICES TO BE PROVIDED BY THE HOMELESS SERVICES DIVISION OF THE CITY'S DEPARTMENT OF HUMAN SERVICES; ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "MEMORANDUM OF AGREEMENT (MOA) PROGRAM, PC-2223- MOA" FOR THE APPROPRIATION OF THE GRANT FUNDS, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER RELATED DOCUMENTS, EXTENSIONS, MODIFICATIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, CONDITIONED UPON THE AVAILABILITY OF CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO TWO ADDITIONAL ONE-YEAR RENEWALS TO THE AGREEMENT AND OTHER DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-23-0044 This matter was ADOPTED on the Consent Agenda. City of Miami Page 7 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 CA.7 RESOLUTION 13105 Department of Human Services CA.8 13154 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($135,000.00) ("GRANT") FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") FOR A TWELVE (12) MONTH PERIOD, WITH NO CITY OF MIAMI ("CITY") MATCHING FUNDS REQUIRED, TO SUPPORT THE OUTREACH STAFF SALARIES AND FRINGE BENEFITS OF THE CITY'S DEPARTMENT OF HUMAN SERVICES' ("DEPARTMENT") HOMELESS SERVICES DIVISION; ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "OUTREACH SALARY MATCH PROGRAM PC-2223-STAFF-3" FOR THE APPROPRIATION OF THE GRANT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WITH THE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER RELATED DOCUMENTS, EXTENSIONS, MODIFICATIONS, AND RENEWALS ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, CONDITIONED UPON THE AVAILABILITY OF CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE UP TO TWO CONSECUTIVE ONE- YEAR RENEWALS TO THE AGREEMENT AND ANY OTHER DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-23-0045 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2022-2023 VICTIMS OF CRIME ACT ('VOCA') GRANT" CONSISTING OF SAID GRANT, IN AN AMOUNT NOT TO EXCEED $571,677.00, WITH NO MATCHING FUNDS REQUIRED, TO PROVIDE FUNDING FOR PERSONNEL SERVICES AND OPERATIONAL EXPENSES OF EIGHT (8) FULL-TIME TEMPORARY ADVOCATE POSITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AS WELL AS ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE AND ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-23-0046 This matter was ADOPTED on the Consent Agenda. City of Miami Page 8 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 CA.9 RESOLUTION 13285 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING THE 10 FOOT PUBLIC ALLEY LOCATED ON THE WEST SIDE OF THE PROPERTY AT 220 NORTHWEST 27 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 2000 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF ASG WYNWOOD LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. ENACTMENT NUMBER: R-23-0047 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA City of Miami Page 9 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 13171 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO THE SECTION 29-B(C) OF CHARTER OF CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("COUNTY"), FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON A PORTION OF THE CITY -OWNED PROPERTY IDENTIFIED AS 444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-038-0020 ("PROPERTY"), CONSISTING OF APPROXIMATELY ONE HUNDRED TWENTY FIVE (125) SQUARE FOOT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SOLELY TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0048 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de Ia Portilla, Reyes ABSENT: Carollo City of Miami Page 10 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PH.2 RESOLUTION 13013 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS 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 ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND LAW ENFORCEMENT & TECHNOLOGY FEDERAL CREDIT UNION, FOR USE OF APPROXIMATELY 1,016 PER SQUARE FEET OF OFFICE SPACE INSIDE THE MIAMI POLICE DEPARTMENT HEADQUARTERS LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FORA MONTHLY USE FEE OF $1,862.67 ($22.00 PER SQUARE FOOT) INCREASING ANNUALLY BY $1.00 PER SQUARE FOOT, FOR AN INITIAL TERM OF FIVE (5) YEARS, AND AN OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE (1) YEAR RENEWAL OPTIONS, WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. ENACTMENT NUMBER: R-23-0049 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes City of Miami Page 11 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PH.3 12771 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE PROVISION OF A NO COST CLOUD -BASED SOFTWARE SOLUTION TO MANAGE AND SCHEDULE POLICE EXTRA DUTY ASSIGNMENTS, FOR A PERIOD OF ONE (1) YEAR, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR, FROM ROLLKALL TECHNOLOGIES, LLC ("ROLLKALL"), A DELAWARE LIMITED LIABILITY COMPANY, QUALIFIED TO DO BUSINESS IN THE STATE OF FLORIDA, FOR THE CITY OF MIAMI'S POLICE DEPARTMENT ("POLICE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH ROLLKALL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE 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, AND ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes Note for the Record: Item PFL3 was deferred to the February 9, 2023, City Commission Meeting. City of Miami Page 12 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PH.4 RESOLUTION 13009 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) 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 ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO CHRIST EPISCOPAL CHURCH, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CHRIST EPISCOPAL CHURCH "), IN SUPPORT OF THEIR FEEDING PROGRAM; 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-23-0050 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes City of Miami Page 13 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PH.5 RESOLUTION 13133 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND ($500,000.00) ("GRANT") TO CENTER FOR BLACK INNOVATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CFBI"), FOR THE IMPLEMENTATION OF ITS D.A. DORSEY PROJECT AND COVID-19 FAMILY FIRST EDUCATION AND STEM PROJECT, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CFBI AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0051 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 14 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PH.6 RESOLUTION 13192 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) 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 SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 5515 NORTHWEST 1 COURT, 276 NORTHWEST 53 STREET, 1461 NORTHWEST 60 STREET, 5435 NORTHWEST 1 COURT, 779 NORTHWEST 57 STREET, AND 169 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE REQUIREMENTS OF 24 CFR PART 92 ALSO KNOWN AS THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0052 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes City of Miami Page 15 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PH.7 RESOLUTION 11509 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00), TO CIRCLE OF BROTHERHOOD, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CIRCLE OF BROTHERHOOD"), IN ORDER TO IMPLEMENT CIRCLE OF BROTHERHOOD'S COVID-19/PANDEMIC COMMUNITY WELLNESS AND RECOVERY INITIATIVE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CIRCLE OF BROTHERHOOD SUBJECT TO CIRCLE OF BROTHERHOOD PROVIDING THE REQUESTED INFORMATION TO THE SATISFACTION OF THE CITY AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Adopt RESULT: FAILED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes NAYS: Diaz de la Portilla END OF PUBLIC HEARINGS City of Miami Page 16 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 13100 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED ON SEPTEMBER 28, 2022, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1556387, FOR THE PROVISION OF FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIR SERVICES, FROM THE APPARENT SOLE RESPONSIVE AND RESPONSIBLE BIDDER, JOBBERS' EQUIPMENT WAREHOUSE, INC., A FLORIDA PROFIT CORPORATION ("JOBBERS"), FOR IFB GROUP NOS. 6, 8, 9, 11, AND 14, ON AN AS NEEDED BASIS, FOR AN INITIAL TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS CITY OF MIAMI ("CITY") USER DEPARTMENT ACCOUNTS AND SUCH OTHER VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE 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 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, ALL 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-23-0053 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes City of Miami Page 17 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 RE.2 RESOLUTION 13254 Department of Human Services RE.3 13068 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT SETTLEMENT MONIES THE CITY OF MIAMI ("CITY") HAS OR WILL RECEIVE PURSUANT TO THE CITY'S PARTICIPATION IN THE FLORIDA MEMORANDUM OF UNDERSTANDING ("MOU"), A UNIFIED PLAN FOR THE SETTLEMENT OF THE ACTION TITLED IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION, MDL NO. 2804 (N.D. OHIO) ("OPIOID LITIGATION"); CREATING AND ESTABLISHING A SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS AND/OR DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID OPIOID LITIGATION SETTLEMENT MONIES; DIRECTING THE CITY MANAGER, BY SEPARATE RESOLUTION, TO BUDGET, ALLOCATE, AND APPROPRIATE SETTLEMENT MONIES FOR APPROVED USES AS OUTLINED IN THE ALLOCATION AGREEMENT AND THE INTERLOCAL AGREEMENT, ALL SUBJECT TO THE CITY COMMISSION'S REVIEW AND APPROVAL OF A PLAN FOR THE ALLOCATION OF PROCEEDS RECEIVED FROM ANY AND ALL SETTLEMENTS RELATED TO ANY AND ALL OPIOID LITIGATION INVOLVING THE CITY AS REQUIRED BY RESOLUTION NO. R-21-0376 ADOPTED ON SEPTEMBER 13, 2021. ENACTMENT NUMBER: R-23-0054 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY LOCATED AT 6300 NORTHEAST 4 COURT, MIAMI, FLORIDA, CASE NUMBER CE2018007981 RECORDED ON MAY 15, 2019, 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-23-0056 City of Miami Page 18 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 RE.4 13069 Office of the City Attorney RE.5 13266 Office of the City Attorney 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, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY LOCATED AT 2199 NORTHWEST SOUTH RIVER DRIVE MIAMI, FL, CASE NUMBER CE2012017388 RECORDED ON AUGUST 11, 2016, 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item RE.4 was deferred to the February 9, 2023, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2018024764 ON PROPERTY ADDRESS 101 NORTHEAST 2 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 LIEN; 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-23-0057 City of Miami Page 19 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 RE.6 12883 Office of the City Attorney RE.7 13253 Office of the City Attorney MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY LOCATED AT 1010 SOUTHWEST 10 AVENUE, MIAMI, FLORIDA; CASE NUMBER 2020015082 RECORDED ON OCTOBER 28, 2020; CASE NUMBER 2015015087 RECORDED ON AUGUST 15, 2015; AND CASE NUMBER 2010005945 RECORDED ON OCTOBER 13, 2010, 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-23-0058 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF NECESSARY, AGAINST VIRGINIA KEY OUTDOOR CENTER, LLC REGARDING THE PROPERTY LOCATED AT 3801 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA, TO COLLECT MONIES OWED PURSUANT TO THE LEASE AGREEMENT DATED MAY 8, 2015, AS AMENDED. ENACTMENT NUMBER: R-23-0059 City of Miami Page 20 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes RE.8 RESOLUTION 13269 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND HIGHTOWN REALTY GROUP LLC FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 145 SOUTHWEST 71 AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR A PURCHASE PRICE OF FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($425,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE ACQUISITION; ALLOCATING FUNDS FROM OCI PROJECT NO. 40-B213414, DISTRICT 4 PARK AND AFFORDABLE HOUSING LAND ACQUISITION, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SIXTY THOUSAND DOLLARS ($460,000.00) TO COVER THE COST OF THE ACQUISITION INCLUDING SURVEYS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED CLOSING COSTS, ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-23-0060 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 21 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 RE.9 RESOLUTION 13203 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION BY 4/5THS VOTE CO -DESIGNATING NORTHWEST 32ND STREET BETWEEN 7TH AVENUE AND 7TH PLACE, MIAMI, FLORIDA, AS "FATHER JOSE LUIS MENENDEZ STREET;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-23-0061 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes RE.10 RESOLUTION 12308 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, WAIVING and Mayor THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR A PRIVATE OR PUBLIC PROPERTY PURSUANT TO SECTION 62- 521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO WAIVE THE NUMBER OF EVENTS AND PERMITS ALLOWED FOR "MIAMI'S WINTERLAND — A HOLIDAY SPECTACLE," TO BE HELD AT LEGION PARK, 6447 NORTHEAST 7 AVENUE AND SURROUNDING ADDRESSES 6443 BISCAYNE BOULEVARD, 621, 645, 675 AND 685 NORTHEAST 64 TERRACE FROM DECEMBER 1, 2022 THROUGH DECEMBER 31, 2022. RE.11 13290 Office of the City Attorney MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, AGAINST VEW LIVE, LLC REGARDING MONIES VEW LIVE, LLC OWES UNDER THE BAYFRONT PARK USE AGREEMENT. ENACTMENT NUMBER: R-23-0062 City of Miami Page 22 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 RE.12 13087 Office of the City Attorney RE.13 13310 City Manager's Office MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF NECESSARY, AGAINST RESIDENTIAL TENANTS OF THE OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA, TO OBTAIN POSSESSION OF THE PROPERTY, AND SEEK ANY OTHER LEGAL REMEDIES IN COMPLIANCE WITH THE LEASE AGREEMENTS. ENACTMENT NUMBER: R-23-0063 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 16-0303, ADOPTED ON JUNE 23, 2016, RELATING TO FUTURE LEGISLATION AND AMENDMENTS TO THE CITY OF MIAMI CODE, OR TEXT AMENDMENTS TO THE MIAMI 21 CODE, SPONSORED OR CO -SPONSORED BY THE CITY ADMINISTRATION, IN ITS ENTIRETY; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item RE.13 was deferred to the February 9, 2023, City Commission Meeting. City of Miami Page 23 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 RE.14 13316 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY"), APPROVING THE VIRGINIA KEY BEACH PARK TRUST'S ("TRUST") SEPARATION WITH GUY FORCHION AND APPROVING THE TRUST'S APPOINTMENT OF NEIL HALL AS THE INTERIM EXECUTIVE DIRECTOR UNDER THE TERMS AND CONDITIONS AGREED UPON BY THE TRUST. ENACTMENT NUMBER: R-23-0064 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, Diaz de Ia Portilla, Reyes END OF RESOLUTIONS City of Miami Page 24 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 12927 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/USE REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 38-57 OF THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PARKS," TO RAISE THE FINE FOR ALLOWING DOGS OFF THEIR LEASH TO $500.00; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14137 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes SR.2 ORDINANCE Second Reading 11559 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes END OF SECOND READING ORDINANCES City of Miami Page 25 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 FR - FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 13191 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCIAL INTEGRITY PRINCIPLES," MORE SPECIFICALLY AMENDING THE RESERVE POLICIES, FINANCIAL OVERSIGHT AND REPORTING, EVALUATION COMMITTEES, BASIC FINANCIAL POLICIES, AND OTHER PROVISIONS OF SECTION 18-542 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes FR.2 ORDINANCE First Reading 13139 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO LIMIT WHEN MEMBERS OF THE PUBLIC MAY DONATE SPEAKING TIME TO OTHER MEMBERS OF THE PUBLIC; 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, Diaz de la Portilla, Reyes END OF FIRST READING ORDINANCE City of Miami Page 26 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 BU.1 13186 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED END OF BUDGET City of Miami Page 27 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 DI.1 13008 City Manager's Office DI.2 12930 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION OF THE MIAMI CITY COMMISSION WITH THE LGBTQ+ ADVISORY BOARD REGARDING CITY OF MIAMI'S HRC MEI SCORE AND SUGGESTED POLICY AMENDMENTS TO INCREASE SCORE RESULT: DISCUSSED DISCUSSION ITEM A DISCUSSION REGARDING TAKING ANY AND ALL ACTIONS IN RELATION TO ESTABLISHING THE CITY OF MIAMI'S LEGISLATIVE PRIORITIES FOR THE 2023 FLORIDA LEGISLATIVE SESSION AND THE 117TH UNITED STATES CONGRESS. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes Note for the Record: Item DI.2 was deferred to the February 9, 2023, City Commission Meeting. END OF DISCUSSION ITEMS City of Miami Page 28 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 12858 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE ("ASSEMBLAGE A"); FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3475, 3479 AND 3481 HIBISCUS STREET, 3475 AND 3435 WILLIAM AVENUE; FROM "SINGLE FAMILY RESIDENTIAL/ MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3452, 3440, 3430 AND 3460 THOMAS AVENUE AND 3456 ELIZABETH STREET (ASSEMBLAGE B"); AND FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET, AND 3645 AND 3633 DAY AVENUE ("ASSEMBLAGE C") MIAMI, FLORIDA, (COLLECTIVELY, "THE ASSEMBLAGE") MORE PARTICULARLY DESCRIBED IN "COMPOSITE 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: Christine King, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes Note for the Record: Item PZ.1 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 29 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PZ.2 ORDINANCE First Reading 12859 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM: "T3-O" SUB -URBAN TRANSECT ZONE — OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE -OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE; MAINTAINING THE ZONING CLASSIFICATION OF "T3-O" SUB -URBAN TRANSECT ZONE — OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3735 WASHINGTON AVENUE, AND MAINTAINING THE ZONING CLASSIFICATION OF "T5-O" URBAN CENTER ZONE— OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3710 GRAND AVENUE ("ASSEMBLAGE A"); CHANGING THE ZONING CLASSIFICATION OF "T3-R" SUB -URBAN TRANSECT ZONE — RESTRICTED TO "T4-O" GENERAL URBAN TRANSECT ZONE — OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTIES GENERALLY LOCATED AT 3475, 3479, AND 3481 HIBISCUS STREET, 3475 AND 3435 WILLIAM AVENUE, 3452, 3440, 3430, AND 3460 THOMAS AVENUE, AND 3454 AND 3456 ELIZABETH STREET, AND CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE — RESTRICTED AND "T5-O" URBAN CENTER TRANSECT ZONE — OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3449 HIBISCUS STREET ("ASSEMBLAGE B"); AND CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN TRANSECT ZONE - OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET AND 3645 AND 3633 DAY AVENUE ("ASSEMBLAGE C"), MIAMI, FLORIDA, (COLLECTIVELY THE "ASSEMBLAGE") MORE PARTICULARLY DESCRIBED IN "COMPOSITE EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 30 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.2 was deferred to the March 9, 2023, City Commission Meeting. PZ.3 ORDINANCE First Reading 12860 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING APPENDIX A, SECTION A.2, TITLED "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICTS 2 (NCD-2)", TO MODIFY THE EXISTING MIXED USE CULTURAL DISTRICT BOUNDARY, CREATE NEW USES DEFINITIONS, INTRODUCE DEVELOPMENT AND PARKING FLEXIBILITIES, AND CREATE NEW REGULATIONS AND DEVELOPMENT GUIDELINES FOR AFFORDABLE HOUSING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.3 was deferred to the March 9, 2023, City Commission Meeting. City ofMiami Page 31 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PZ.4 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS/DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; 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, Diaz de Ia Portilla, Reyes PZ.5 ORDINANCE First Reading 10771 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; 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: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 32 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PZ.6 12901 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-049 REVERSING THE ZONING ADMINISTRATOR'S REVOCATION 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 107 NORTHWEST 8 AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 1507-001637 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0065 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, Diaz de Ia Portilla, Reyes City of Miami Page 33 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PZ.7 12835 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING /AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 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 2155 SOUTHWEST 22 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: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) BUT RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes City of Miami Page 34 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PZ.7 12835 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 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 2155 SOUTHWEST 22 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: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes NAYS: Diaz de la Portilla City of Miami Page 35 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 PZ.7 12835 Department of Planning PZ.8 13249 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING /AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 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 2155 SOUTHWEST 22 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: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes Note for the Record: Item PZ.7 was deferred to the February 9, 2023, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL, FILED BY PENNY TANNENBAUM OF INTENDED DECISION PW022-247 ISSUED ON NOVEMBER 29, 2022, FOR THE MEDIAN LOCATED ACROSS FROM 1750 SOUTH BAYSHORE LANE, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.8 was deferred to the March 9, 2023, City Commission Meeting. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 36 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 FL - FUTURE LEGISLATION FL.1 12838 Office of Zoning ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF USE IN CERTAIN LIMITED INSTANCES WHERE A PROPERTY OR BUILDING ON A PROPERTY IS SUBJECT TO PENDING CODE COMPLIANCE OR BUILDING VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 37 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 NA.1 13382 Office of the City Clerk NA.2 13406 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Agustin Barrera ENACTMENT NUMBER: R-23-0055 NOMINATED BY: Commissioner Manolo Reyes MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A SETTLEMENT AGREEMENT ("SETTLEMENT") BETWEEN THE CITY OF MIAMI AND THE HEIRS OF HAYDEE PEREZ, ET AL., CASE NO. 2019-030891-CA-01, PENDING BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PROVIDING, AMONG OTHER TERMS, THAT THE HEIRS WILL PROBATE THE MATTER AND PAY THE SPECIAL ASSESSMENTS, COURT COSTS AND ATTORNEY FEES, AND THE MITIGATED AMOUNT UPON THE SALE OF THE PROPERTY AND THAT FAILURE TO PROBATE, SELL, AND PAY THE LIENS SHALL CAUSE THE ORIGINAL LIEN AMOUNTS TO BE REINSTATED AND THE CIVIL ACTION TO PROCEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. ENACTMENT NUMBER: R-23-0066 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 38 Printed on 02/03/2023 City Commission Marked Agenda January 26, 2023 NA.3 13407 City Commission DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED IN REMEMBRANCE OF FORMER RETIRED EMPLOYEE AND AFSCME LOCAL 1907 UNION PRESIDENT, CHARLIE COX; RECOGNIZING HIS DEDICATED YEARS OF SERVICE TO THE CITY OF MIAMI. RESULT: DISCUSSED NA.4 ORDINANCE First Reading 12839 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA ("MIAMI 21 CODE"), AS AMENDED, BY AMENDING APPENDIX C — MIDTOWN OVERLAY DISTRICT, SECTION 627.2.6, ENTITLED "BUILDING PLACEMENT AND BUILDABLE AREA", AND SECTION 627.2.7, ENTITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS", AND SECTION 627.2.12, ENTITLED "SURFACE PARKING AND PARKING GARAGES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ADJOURNMENT MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes Note for the Record: Item NA.4 appeared on the agenda as Future Legislation (FL.2). The item was moved to the regular agenda and voted upon by the City Commission as a First Reading Ordinance. The meeting adjourned at 6: 47 p.m. City of Miami Page 39 Printed on 02/03/2023