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HomeMy WebLinkAboutCC 2016-09-22 Marked AgendaCity of Miami City Hall 3500 Pan American Drive Marked Agenda Miami, FL 33133 v�rvvw.miamigov.cov.com City Commission Tomas Rega/ado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Thursday, September 22, 2016 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission. PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA-PERSONALAPPEARANCES PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS AC - ATTORNEY-CLIENT SESSIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 2:00 PM. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS City ofMiami Page 1 Printed on 1 01312 01 6 City Commission D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS FUTURE LEGISLATION Marked Agenda September 22, 2016 City ofMiami Page 2 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Vice Chair Russell, Commissioner Carollo, Commissioner Suarez and Chair Hardemon On the 22nd day of September 2016, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:08 a.m., recessed at 12:07 p.m., reconvened at 2:03 p.m., recessed at 4:02 p.m., reconvened at 4:12 p.m. and adjourned at 6:58 p.m. Note for the Record: Vice Chair Russell entered the Commission chambers at 9:09 a.m., Commissioner Gort entered the Commission chambers at 9:10 a.m., Commissioner Carollo entered the Commission chambers at 9:11 a.m., and Commissioner Suarez entered the Commission chambers at 9:20 a.m. Fill WfO1:1:1*14Z11il Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PRESENTATIONS AND PROCLAMATIONS PRA PRESENTATION 16-01328 Honoree Sebastian & Brandon Martinez Brandyss Howard 16-01328 Protocol Item.pdf :1:7*1=12r11=117 Presenter Protocol Item Mayor Regalado Commendation Mayor Regalado & Certificate of Chair Hardemon Appreciation 1) Mayor Regalado presented a proclamation and recognized Sebastian Martinez, an 8 -year-old who is the CEO and designer for Are You Kidding, a stylish kid entrepreneurial sock company founded by two young brothers. Are You Kidding has had the most successful campaign to date in the Live Like Bella initiative by selling 13,000 pairs of socks. Sebastian Martinez's sprit of entrepreneurship and community service has greatly contributed to the citizens of the City of Miami. 2) Mayor Regalado presented a proclamation and recognized Brandon Martinez, the Director of Sales for Are You Kidding, a stylish kid entrepreneurial sock company founded by two young brothers. Are You Kidding has had the most successful campaign to date in the Live Like Bella initiative by selling 13,000 pairs of socks. Brandon Martinez's spirit of entrepreneurship and community service has greatly contributed to the citizens of the City of Miami. 3) Mayor Regalado and Chair Hardemon presented a Certificate of Appreciation to Brandyss Howard, paying tribute for her planning and execution of the Overtown Back to School Event and thanked Ms. Howard for her commitment to community service initiatives in the City of Miami. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City ofMiami Page 3 Printed on 1 01312 01 6 City Commission Regular Meeting of July 14, 2016 MOVED: Ken Russell Marked Agenda September 22, 2016 SECONDED: Wifredo (Willy) Gort Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo and Hardemon ABSENT. Commissioner(s) Suarez END OF APPROVING MINUTES MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES ORDER OF THE DAY City ofMiami Page 4 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 CONSENT AGENDA CA.1 RESOLUTION 16-01162 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER Department of TO ACCEPT TWELVE (12) RIGHT-OF-WAY DEEDS OF DEDICATION FOR Public Works THE PROPERTIES DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. 16-01162 Summary Form.pdf, 16-01162 Back -Up Documents.pdf, 16-01162 Legislation.pdf, 16-01162 ExhibitA.pdf R-16-0466 MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Russell and Suarez CA.2 RESOLUTION 16-01166 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 13, 2016, PURSUANT TO INVITATION FOR BID NO. Department of 609394, FROM TEMPTROL AIR CONDITIONING, INC., THE SOLE Procurement RESPONSIVE AND RESPONSIBLE BIDDER, FORAIR CONDITIONING REPAIR AND MAINTENANCE SERVICES, CITYWIDE, ON AN AS NEEDED BASIS, FORAN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. 16-01166 Summary Form.pdf, 16-01166 Memo - Manager's Approval.pdf, 16-01166 Bid Tabulation.pdf, 16-01166 Survey.pdf, 16-01166 Corporate Detail.pdf, 16-01166 Bid Response.pdf, 16-01166 Invitation For Bid.pdf, 16-01166 Legislation.pdf :ai[di�LLy/ This Matter was ADOPTED on the Consent Agenda. CA.3 RESOLUTION 16-01155 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE City ofMioIni Page 5 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 Department ofPolice BIDS RECEIVED ON JUNE 1, 2016, PURSUANT TO INVITATION FOR BID NO. 615389, FROM ROBBIE'S FEED & SUPPLY, INC., (GROUP A) FOR THE PROVISION OF POLICE HORSE FEED AND SUPPLEMENTS, AND ROYAL CANIN U.S.A., INC., (GROUP B) FOR THE PROVISION OF DOG FOOD, THE RESPONSIVE AND RESPONSIBLE BIDDERS ON A GROUP BY GROUP BASIS PURSUANT TO THE BID SPECIFICATIONS, ON AN AS NEEDED CONTRACTUAL BASIS, FORA PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE MIAMI POLICE DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT THE TIME OF NEED; AUTHORIZING ADDITIONAL SERVICE SUPPLIERS TO BE ADDED TO THE CONTRACTS; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE CONTRACTS, IN A FORM ACCEPTABLE TO THE CITYATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. 16-01155 Summary Form.pdf, 16-01155 Memo - Manager'sApproval.pdf, 16-01155 Bid Tabulation.pdf, 16-01155 Corporate Detail.pdf, 16-01155 Bid Response - Bobbies Feed & Supplies Inc.pdf, 16-01155 Bid Response - Royal Canin USA Inc.pdf, 16-01155 Invitation For Bid.pdf, 16-01155 Legislation.pdf R-16-0448 This Matter was ADOPTED on the Consent Agenda. CAA RESOLUTION 16-00855 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF DONNIER Office of the City CHERISME, AND HIS COUNSEL, SUBJECT TO THE CONDITIONS Attorney IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $115,100.00, INCLUDING $100.00 FORA SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENTAND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $115,000.00 FROM THE INTERNAL SERVICE FUND, INDEX CODE NO. 50001.301001.524000.0000.00000; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $100.00 FOR THE SEPARATE GENERAL RELEASE FROM THE NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 16-00855 Memo -Office of the City Attorney.pdf, 16-00855 Memo- Budget Sign-Off.pdf, 16-00855 Legislation.pdf R-16-0449 This Matter was ADOPTED on the Consent Agenda. CA.5 RESOLUTION City ofMioIni Page 6 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 16-01265 District I - Commissioner W/redo (Willy) Gort CA.6 16-01302 Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING ANEW SPECIAL REVENUE PROJECT ENTITLED: "WAGNER CREEK/SEYBOLD CANAL DREDGING/RESTORATION PROJECT'; AUTHORIZING THE CITY MANAGER TO ACCEPT AN ADDITIONAL LEGISLATIVE APPROPRIATION REIMBURSEMENT GRANT AWARD AND TO APPROPRIATE FUNDS, IN AN AMOUNT NOT TO EXCEED $250,000.00 ("GRANT'), FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), FOR THE WAGNER CREEK/SEYBOLD CANAL DREDGING/RESTORATION PROJECT ("PROJECT'); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FDEP AGREEMENT NO. S0774, AMENDMENT NO. 2, ("SECOND AMENDED AWARD AGREEMENT'), IN A FORM ACCEPTABLE TO THE CITYATTORNEY, AND ANY AMENDMENTS, MODIFICATIONS, EXTENSIONS, OR RENEWALS THEREOF, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT THE GRANT, TO COMPLY WITH THE SECOND AMENDED AWARD AGREEMENT, AND TO IMPLEMENT THE PROJECT. 16-01265 Legislation.pdf, 16-01265 Exhibit.pdf, 16 -01265 -Submittal -Brett Bibeau-Miami River Commission Letter in Support of CA.5, RE.3, D1.1.pdf R-16-0450 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO CHAPTER 2014-228, LAWS OF FLORIDA, DESIGNATING STATE ROAD 968/WEST FLAGLER STREET/SOUTHWEST 1 STREET BETWEEN SOUTHWEST 6TH AVENUE AND SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, AS "GUILLERMO ZAMORA BOULEVARD"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 16-01302 Back -Up from Law Dept.pdf, 16-01302 Legislation.pdf R-16-0451 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED AYES: Francis Suarez Frank Carollo Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon END OF CONSENT AGENDA City ofMiami Page 7 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 PERSONALAPPEARANCES PA.1 PRESENTATION 16-01247 PERSONAL APPEARANCE BY MRS. LOUISE BAKER OF THE OLIVIYA BAKERACADEMY, CORP. REGARDING THE ISSUANCE OF THEIR CERTIFICATE OF USE. 16-01247 E -Mail - Personal Appearance.pdf PRESENTED PA.2 PRESENTATION 16-01325 PERSONAL APPEARANCE BY MS. GRACE SOLARES TO ADDRESS THE ISSUE OF THE PUBLIC SPEAKING "SIMULTANEOUSLY" WITH THE PRESENTATION OF THE MATTER THAT IS BEFORE THE COMMISSION. 16-01325 E -Mail - Personal Appearance.pdf PRESENTED END OF PERSONAL APPEARANCES PUBLIC HEARING PHA RESOLUTION 16-01175 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY FOUR-FIFTHS (4/5TNS) AFFIRMATIVE VOTE, Department ofPolice PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF TWENTY-FIVE (25) PVP COMMUNICATIONS WIRELESS MOTORCYCLE HELMET COMMUNICATION KITS WITH RELATED EQUIPMENT FROM SHANNON GEORGIA DIERINGER D/B/A BLUE LINE COMMUNICATIONS, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS FORA PERIOD OF ONE (1) YEAR, RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL FINDING OF SOLE SOURCE BY THE CHIEF PROCUREMENT OFFICER AND APPROVED BY THE CITY MANAGER, FORAN INITIAL PURCHASE PRICE OF $38,639.25; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND ACCOUNT CODE NO. 12500.191602.55200, PROJECT NO. 19-690002, AWARD NO. 1019 AND TASK NO. 07.18; WITH FUTURE PURCHASES TO BE ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT THE TIME OF NEED. City ofMioIni Page 8 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 16-01175 Summary Form.pdf, 16-01175 Notice to the Public.pdf, 16-01175 Memo - Manager's Approval.pdf, 16-01175 Memo - Request for Sole Source Finding.pdf, 16-01175 Affidavit.pdf, 16-01175 Back -Up Documents.pdf, 16-01175 Market Research.pdf, 16-01175 Corporate Detail.pdf, 16-01175 Back -Up from Law Dept.pdf, 16-01175 Legislation.pdf, 16-01175 Exhibit.pdf R-16-0452 MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon PH.2 RESOLUTION 16-01252 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, District 4- AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, Commissioner AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE Francis Suarez NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS, ON A REIMBURSEMENT BASIS, FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 15500.112000.882000, IN A TOTAL AMOUNT NOT TO EXCEED $48,000.00, TO VENTURE HIVE, LLC, TO RUN TWO (2) TEEN TECH PROGRAMS, A TWELVE (12) WEEK AFTER SCHOOL PROGRAM AND A ONE (1) WEEK WINTER BREAK PROGRAM ATATO BE DETERMINED CITY PARK AND RECREATION FACILITY WITHIN DISTRICT 4; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANTAGREEMENT WITH VENTURE HIVE, LLC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 16-01252 Notice to the Public.pdf, 16-01252 Corporate Detail.pdf, 16-01252 Back -Up from Law Dept.pdf, 16-01252 Legislation.pdf, 16-01252 Exhibit.pdf R-16-0453 MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon PH.3 RESOLUTION 16-00821 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 9 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 Department of ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED 'BATTERSEA Public Works WOODS", A REPLAT AND A SUBDIVISION 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, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGERAND CITY CLERK TO EXECUTE THE PLAT; PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 16-00821 Summary Form.pdf, 16-00821 Notice to the Public.pdf, 16-00821 Legislation.pdf, 16-00821 Attachment 1.pdf, 16-00821 ExhibitA.pdf, 16 -00821 -Submittal -John Snyder -Letter with Petitions.pdf, 16 -00821 -Submittal -John Snyder -Presentation regarding Battersea Woods.pdf, 16 -00821 -Submittal -Paul Figg-Presentation to City Commission.pdf, 16 -00821 -Submittal -Commissioner Russell-Miami21-Appendix A -Neighborhood Conservation Districts.pdf, 16 -00821 -Submittal -John Snyder -Petitions, Analysis and Remarks Packet.pdf, 16 -00821 -Submittal -Larissa Ozols-Platting of Battersea Woods Joint Presentation.pdf, 16-00821-Submittal-Johannah Brown -Presentation Report.pdf, 16 -00821 -Submittal -Deborah Dolson-Statement regarding Battersea Woods.pdf, 16 -00821 -Submittal -John Dolson-Triumph of Terminology over Common Sense.pdf, 16 -00821 -Submittal -Commissioner Ken Russell-Emails RE Battersea Woods.pdf, 16 -00821 -Submittal -Commissioner Ken Russell-Miami21 Article 7 -Procedures and Noncomformities.pdf, 16 -00821 -Submittal -Commissioner Ken Russell -Email to City Attorney Victoria Mendez.pdf, 16 -00821 -Submittal -Commissioner Ken Russell -Email for IT Search for research purposes.pdf, 16 -00821 -Submittal -Commissioner Ken Russell -Letter to Commissioners RE Battersea Woods and Victoria Mendez.pdf, 16 -00821 -Submittal -Commissioner Ken Russell -Back-up Documents RE Battersea Woods and Victoria Mendez.pdf, 16 -00821 -Submittal -Debbie Dolson-Information Packet.pdf, 16-00821-Submittal-Renita Samuels-Dixon-Miami21 Zoning Code Types.pdf, 16 -00821 -Submittal -Cindy Snyder -Letters and Petitions.pdf, 16 -00821 -Submittal -Anne Cote -Populations Schedule and Photos RE Battersea Woods.pdf, 16 -00821 -Submittal -Larissa Ozols- Property Appraisers Office Information and Miami21 Code Sections.pdf, 16 -00821 -Submittal -John Snyder -Letter and Corrective Warranty Deed.pdf, 16 -00821 -Submittal -Glenn Patron-Comments.pdf, 16 -00821 -Submittal -Adele Myers -Letter and Email.pdf, 16-00821-Submittal-Renita Samuels -Dixon -MDC Property Appraisers Info -3506 Solana Road.pdf, 16 -00821 -Submittal -John Dolson-Letter.pdf MOVED: Ken Russell SECONDED: Francis Suarez UNANIMOUS Motion that this matter be DENIED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon City ofMiami Page 10 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 END OF PUBLIC HEARING FIRST READING ORDINANCES FRA ORDINANCE First Reading 16-00929 TO BE DEFERRED District 5 - Commissioner Keon AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Hardemon CHAPTER 62/ARTICLE 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" BY AMENDING THE BOUNDARIES OF THE GEOGRAPHICAL AREA IN WHICH MURALS ARE PERMITTED AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FORAN EFFECTIVE DATE. 16-00929 Legislation.pdf, 16-00929 Exhibit A.pdf MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item FRA was continued to the October 27, 2016 Planning and Zoning Commission Meeting. FR.2 ORDINANCE First Reading 16-01267 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT", MORE PARTICULARLY BY CREATING A CITY OF MIAMI ("CITY') RESIDENT PREFERENCE REQUIREMENT FOR ALL DEVELOPMENTS RECEIVING FUNDS OR BENEFITS FROM THE CITY TO DEVELOP AFFORDABLE OR WORKFORCE HOUSING WITHIN THE CITY, AND CREATING A PREFERENCE TO CITY RESIDENTS FOR RENTAL OR SALE OF THE AFFORDABLE AND WORKFORCE HOUSING UNITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANK CAROLLO COMMISSIONER FRANCIS SUAREZ 16-01267 Legislation.pdf City ofMiami Page 11 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon FR.3 ORDINANCE First Reading 16-01212 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF Honorable Mayor MIAMI, FLORIDA, AS AMENDED, ENTITLED Tomas Regalado "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT", MORE PARTICULARLY BY MODIFYING SECTION 2-213, ENTITLED "PILOT PROGRAM FOR DISTRESSED DEVELOPMENT SITES", REACTIVATING THE PILOT PROGRAM FOR EXTENDING CERTAIN PREVIOUSLY APPROVED DEVELOPMENT ORDERS UNTIL DATE CERTAIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 16-01212 Legislation.pdf MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item FR.3 was continued to the October 27, 2016 Planning and Zoning Commission Meeting. END OF FIRST READING ORDINANCES RESOLUTIONS REA RESOLUTION 16-01156 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Department ofPolice RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER APPROVING THE RETROACTIVE SELECTION OF TRANE US, INC. FOR THE CHILLER PLANT UPGRADE PROJECTAT THE CITY OF MIAMI POLICE DEPARTMENT HEADQUARTER BUILDING, FORATOTALAMOUNT NOT TO EXCEED $469,386.00. 16-01156 Summary Form.pdf, 16-01156 Memo - Manager's Approval.pdf, 16-01156 Scope of Work.pdf, 16-01156 Corporate Detail.pdf, 16-01156 Legislation.pdf, 16-01156 Exhibit.pdf City ofMioIni Page 12 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 R-16-0455 MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RE.2 RESOLUTION 16-01173 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED ON JULY 26, 2016, PURSUANT TO INVITATION FOR BID Department of NO. 616407, FROM THE TWO RESPONSIVE AND RESPONSIBLE Procurement VENDORS, SUDDEN SERVICE, INC. (PRIMARY), AND NATIONAL LIFT TRUCK SERVICE, INC. (SECONDARY), TO PROVIDE FORKLIFTAND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS, ON AN AS NEEDED CONTRACTUAL BASIS, FORA PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS CITY DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT THE TIME OF NEED; AUTHORIZING ADDITIONAL VENDORS TO BE ADDED TO THE CONTRACT; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITYATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. 16-01173 Summary Form.pdf, 16-01173 Memo - Manager's Approval.pdf, 16-01173 Bid Tabulation.pdf, 16-01173 Corporate Detail.pdf, 16-01173 Bid Response - Sudden Service, LLC.pdf, 16-01173 Bid Response - National Lift Truck Services.pdf, 16-01173 Invitation For Bid.pdf, 16-01173 Legislation.pdf R-16-0456 MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RE.3 RESOLUTION 16-01208 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE SERVICES Department of AGREEMENT ("AGREEMENT") WITH CH2M HILL CONSTRUCTORS, INC. Capital Improvement ("CI -12M"), FOR THE CONTINUED PROVISION OF PROJECT Programs/Transport MANAGEMENT, TECHNICAL PROCUREMENT ASSISTANCE, AND ation CONSTRUCTION SUPPORT SERVICES FOR THE WAGNER CREEK AND SEYBOLD CANAL WATERWAYS RESTORATION PROJECT, IN AN AMOUNT NOT TO EXCEED $90,000.00, THEREBY INCREASING THE CURRENT TOTAL AGREEMENT AMOUNT FROM $3,409,588.19 TOA TOTAL NOT TO EXCEED AMOUNT OF $3,499,588.19; ALLOCATING City ofMioIni Page 13 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 REA 16-01298 Office of the City Attorney RE.5 FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM PROJECT NO. B-50643; FURTHER AUTHORIZING A TWENTY-ONE (21) MONTH INCREASE IN THE AGREEMENT TERM; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 16-01208 Summary Form.pdf, 16-01208 Memo - Departmental.pdf, 16-01208 Back -Up Documents.pdf, 16-01208 Agreement.pdf, 16-01208 Pre-Legislation.pdf, 16-01208 Legislation.pdf, 16-01208 Exhibit.pdf, 16 -01208 -Submittal -Brett Bibeau-Miami River Commission Letter in Support of CA.5, RE.3, D1.1.pdf MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITYATTORNEY TO CONTINUE PRESENT RULE CHALLENGE PROCEEDINGS BEFORE THE FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS AND TO TAKE ALL FUTURE LEGALACTION NECESSARY, INCLUDING INITIATING ANYAND ALL LITIGATION, IN LAW OR IN EQUITY, TO CHALLENGE THE VALIDITY OF THE RECENTLY PROPOSED AMENDMENTS TO FLORIDA'S HUMAN HEALTH -BASED WATER QUALITY STANDARDS. 16-01298 Memo - Office of the City Attorney.pdf, 16-01298 Memo - Budget Sign-Off.pdf, 16-01298 Legislation.pdf, 16-01298 Exhibit A.pdf, 16-01298 Exhibit B.pdf R-16-0458 MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RESOLUTION 16-00922 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Department ofParks INTERLOCAL MANAGEMENT AGREEMENT ("AGREEMENT"), IN and Recreation SUBSTANTIALLY THE ATTACHED FORM, WITH THE DEPARTMENT OF OFF-STREET PARKING A/K/A MIAMI PARKING AUTHORITY ("MPA"), AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI ("CITY"), FOR City ofMiomi Page 14 Prinked on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 RE.6 16-00948 Wynwood Business Improvement District (BID) Board THE MANAGEMENTAND OPERATION OF THE PARKING FACILITIES SERVICING CITY -OWNED AND OPERATED PARKS FORA PERIOD OF FIVE (5) YEARS, COMMENCING RETROACTIVELY ON AUGUST 1, 2016, WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL PERIOD OF FIVE (5) YEARS, FOR A TOTAL TERM THAT SHALL NOT EXCEED TEN (10) YEARS, WITH THE SAME TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT; FURTHER PROVIDING THAT EITHER PARTY SHALL HAVE THE RIGHT TO TERMINATE SAID AGREEMENTATANY TIME UPON PROVIDING NO LESS THAN ONE HUNDRED TWENTY (120) DAYS PRIOR NOTIFICATION OF TERMINATION IN WRITING. 16-00922 Summary Form.pdf, 16-00922 Back -Up Documents.pdf, 16-00922 Back -Up from Law Dept.pdf, 16-00922 Legislation.pdf, 16-00922 Exhibit.pdf MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item RE. 5 was continued to the October 27, 2016 Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXTENDING THE BOUNDARIES OF THE SPECIAL ASSESSMENT DISTRICTAREA KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") TO MATCH THE BOUNDARIES OF THE NEIGHBORHOOD REVITALIZATION DISTRICT - 1 AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FORA PERIOD OFTEN (10) YEARS SUBJECT TO THE APPROVAL OFA MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR THE NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, THE WYNWOOD BID EXECUTIVE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS AND WYNWOOD BID BOARD MEMBERS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL ACTIONS AND PROCEDURES NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. 16-00948 Memo - Wynwood BID.pdf, 16-00948 Legislation.pdf, 16-00948 ExhibitA-1.pdf, 16-00948 ExhibitA-2.pdf, 16-00948 Exhibit B-1.pdf, 16-00948 Exhibit B-2.pdf R-16-0459 MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS City ofMiami Page 15 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RE.7 RESOLUTION 16-01258 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE TO AMEND FLORIDA District 4- SECTION 506.5131, FLORIDA STATUTES, TO PROVIDE MUNICIPALITIES Commissioner THE AUTHORITY TO REGULATE LOST, STOLEN ORABANDONED Francis Suarez SHOPPING CARTS; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 16-01258 BackUp from Law Dept.pdf, 16-01258 Legislation.pdf R-16-0460 MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RE.8 RESOLUTION 16-01201 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO District I - THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING Commissioner THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Wi/redo (Willy) Gort ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. 1; AMENDING SECTION 12, ENTITLED "FILLING VACANCIES FOR MAYORAND CITY COMMISSION," TO PROVIDE THAT PERSON APPOINTED BY THE CITY COMMISSION ORA CANDIDATE ELECTED INA SPECIAL ELECTION FOR THE PURPOSE OF FILLING A VACANCY IN THE OFFICE OF MAYORAND CITY COMMISSION SHALL SERVE FOR THE REMAINDER OF THE UNEXPIRED TERM; CALLING FORAND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 7,2017; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 16-01201 Legislation.pdf, 16-01201 Exhibit.pdf R-16-0461 MOVED: Francis Suarez City ofIlioIni Page 16 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RE.9 RESOLUTION 16-01303 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO AMEND THE ORDER OF BUSINESS AND RULES District 5 - OF PROCEDURE OF THE CITY COMMISSION AGENDA, PURSUANT TO Commissioner Keon SECTION 2-33(c)(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Hardemon AMENDED ("CITY CODE"), TO ALLOW ANY MEMBER OF THE PUBLIC TO SPEAK ON ANY MATTER THAT MAY BE ACTED UPON BY THE CITY COMMISSION AFTER THE MAYORAL VETOES AGENDA SECTION HAS BEEN CONSIDERED AND PRIOR TO THE CONSIDERATION OF THE REMAINDER OF THE AGENDA; FURTHER DIRECTING THE CITY ADMINISTRATION TO AMEND THE CITY COMMISSION AGENDA REQUIRING THE CITY COMMISSION TO VOTE ON THE PUBLIC HEARINGS SECTION AFTER THE PUBLIC COMMENT PERIOD HAS CONCLUDED; FURTHER DIRECTING THE CITY ADMINISTRATION TO AMEND THE CITY COMMISSION AGENDA REQUIRING THATAT LEAST ONE (1) OF THE PUBLIC HEARINGS HELD FOR PROPOSED ORDINANCES THAT CHANGE THE ACTUAL LIST OF PERMITTED, CONDITIONAL, OR PROHIBITED USES WITHIN AZONING CATEGORY, OR CHANGE THE ACTUAL ZONING MAP DESIGNATION OF A PARCEL OR PARCELS OF LAND INVOLVING TEN (10) CONTIGUOUS ACRES OR MORE BE HELD AFTER 5:00 P.M., UNLESS THE CITY COMMISSION, BY MAJORITY PLUS ONE (1) VOTE, ELECTS TO CONDUCT THE HEARING AT ANOTHER TIME OF THE DAY; FURTHER DIRECTING THE CITY ADMINISTRATION TO DRAFT AN AMENDMENT TO SECTION 2-33(j) OF THE CITY CODE TO ELIMINATE THE "CONSENT AGENDA" FROM THE CITY COMMISSION AGENDA; APPROVING THAT THE CITY COMMISSION SHALL CONSIDERALL ITEMS IN A GIVEN SECTION OF THE AGENDA IN ONE (1) VOTE UNLESS A SPECIFIC ITEM IS REQUESTED TO BE PULLED FOR FURTHER DISCUSSION; FURTHER DIRECTING THE CITY MANAGER TO AMEND ALL APPLICABLE CITY ADMINISTRATIVE POLICY MANUALS TO COMPORT WITH THE PROVISIONS OF THIS RESOLUTION. 16-01303 Legislation.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RE.10 RESOLUTION 16-01304 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY City ofMiami Page 17 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 District 5 - Commissioner Keon Hardemon 2:00 P.M. TIME CERTAIN ACA 16-01316a Office of the City Attorney ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 4 OF THE CHARTER, ENTITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION," TO PROVIDE A RESIDENCY REQUIREMENT FOR CANDIDATES PRIOR TO QUALIFYING FOR THE OFFICE OF MAYOR AND OFFICE OF CITY COMMISSIONER. 16-01304 Legislation.pdf DISCUSSED Note for the Record: A motion was made by Commissioner Gort, seconded by Chair Hardemon, to pass Item RE.10, which FAILED by the following vote: AYES: Gort, Hardemon / NOES: Carollo, Russell / ABSENT: Suarez. END OF RESOLUTIONS ATTORNEY-CLIENT SESSIONS ATTORNEY-CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILLANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD., V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (ORAS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITYATTORNEY, VICTORIA MENDEZ; DEPUTY CITYATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER GREEN AND DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILLANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. City ofMioIni Page 18 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 AC.2 16-01317a Office of the City Attorney 16-01316a Memo - Office of the City Attorney.pdf, 16-01316a Notice to the Public.pdf DEFERRED Note for the Record: Item ACA was deferred to the September 29, 2016 Special City Commission Meeting. ATTORNEY-CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILLANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION; VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION, CASE NO. 3D15-2824, BEFORE THE THIRD DISTRICT COURT OF APPEAL, AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (ORAS SOON THEREAFTERAS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS, AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. 16-01317a Memo - Office of the City Attorney.pdf, 16-01317a Notice to the Public.pdf 0490I 7:INIC Note for the Record: Item AC.2 was deferred to the September 29, 2016 Special City Commission Meeting. END OF ATTORNEY-CLIENT SESSIONS BOARDS AND COMMITTEES City ofMiami Page 19 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 BC.1 16-01232 Office of the City Clerk BC.2 16-01269 Office of the City Clerk N *111] 11,11111119 IC 11 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE AUGUST 23, 2016 ELECTION RESULTS OF CERTAIN INDIVIDUALS AS ELECTED MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Mae Christian Nicole Crooks Anitrice "Joy" McKinnis Reginald Munnings La'shown Naylor NOMINATED BY: Elected Elected Elected Elected Elected 16-01232 OAB CCMemo.pdf, 16-01232 OAB Election Results and Ratification.pdf, 16-01232 OAB Current_Board_Members.pdf R-16-0462 MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Russell and Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Irby McKnight Mayor Tomas Regalado Berlinda Faye -Dixon Chair Keon Hardemon Jean Fincher Chair Keon Hardemon Schevette Glinton Chair Keon Hardemon City ofMiami Page 20 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 16-01269 OAB CCMemo - Appointed Members.pdf, 16-01269 OAB Qualifying Chart.pdf, 16-01269 OAB Applications.pdf, 16-01269 OAB Current_Board_Members.pdf R-16-0463 MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo and Hardemon ABSENT: Commissioner(s) Suarez END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DIA DISCUSSION ITEM 16-00593 DISCUSSION REGARDING NIGHTLY BED AVAILABILITY FOR HOMELESS RESIDENTS. District 2 - Commissioner Ken Russell 16-00593 E -Mail - Discussion Item.pdf, 16 -00593 -Submittal -Brett Bibeau-Miami River Commission Letter in Support of CA.5, RE.3, D1.1.pdf DISCUSSED D1.2 DISCUSSION ITEM 16-01305 DISCUSSION REGARDING SELECTING AN INDEPENDENT ATTORNEY TO STUDY THE ISSUES RELATED TO THE DOCUMENTS REQUESTED District - FROM CITYATTORNEY VICTORIA MENDEZ, AND THE PLANNING AND Commissioner Ken ZONING DEPARTMENT, ON THE PROPOSED BATTERSEA PLAT. Russell DISCUSSED (D1.2) RESOLUTION 16-01305a A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON SEPTEMBER 29, 2016, AT 9:00 A.M., AT MIAMI CITY HALL FOR THE PURPOSE OF DISCUSSING THE CITYATTORNEY. R-16-0446 MOVED: Ken Russell SECONDED: Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo and Suarez NOES: Commissioner(s) Hardemon City ofMioIni Page 21 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 D1.3 DISCUSSION ITEM 16-01055 UPDATE ON MOU BETWEEN CITY OF MIAMI AND MIAMI-DADE COUNTY REGARDING TRAFFIC CALMING DEVICES ON NON -ARTERIAL ROADS District 4 - Commissioner Francis Suarez 16-01055 E -Mail - Discussion Item.pdf, 16-01055 Intergovernmental Agency Agreement with MDC.pdf, 16-01055 FDOT Complete Streets Initiative.pdf DISCUSSED END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 ORDINANCE First Reading 14-00655zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6 -8-R "URBAN CORE TRANSECT ZONE - RESTRICTED" TO T6 -48a-0 "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 240 SE 14th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami and A. Vicky Leiva, Esquire, on behalf of Babylon International, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on January 6, 2016, by a vote of 7-4. PURPOSE: This will change the zoning classification for the above property from T6 -8-R "Urban Core Transect Zone - Restricted" to T6 -48a-0 "Urban Core Transect Zone -Open". Item includes a covenant. 14-00655zc PZAB 01-06-16 Analysis & Application.pdf, 14-00655zc 02-25-16 CC FR Fact Sheet.pdf, 14-00655zc 03-24-16 CC FR Fact Sheet.pdf, 14-00655zc 09-22-16 CC FR Fact Sheet.pdf, 14-00655zcAnalysis, Maps & PZAB Reso.pdf, 14-00655zc Supporting Docs.pdf, 14-00655zc Legislation (v2).pdf, 14-00655zc Exhibit.pdf MOVED: Ken Russell SECONDED: Frank Carollo City ofMiami Page 22 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 PZ.2 UNANIMOUS Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon ORDINANCE First Reading 15-00975zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6 -12-L "URBAN CORE TRANSECT ZONE - LIMITED" TO T6-12-0 "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3701 and 3737 Biscayne Boulevard and 306 and 316 NE 38th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of MacArthur Properties III, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-2. PURPOSE: This will allow a zoning classification change for the above properties from T6 -12-L to T6-12-0. 15-00975cz - Notice Report.pdf, 15-00975zc PZAB 9-2-15 Supporting Documentation.pdf, 15-00975zc 10-22-15 CC FR Fact Sheet.pdf, 15-00975zc 11-19-15 CC FR Fact Sheet.pdf, 15-00975zc 01-28-16 CC FR Fact Sheet.pdf, 15-00975zc 04-28-16 CC FR Fact Sheet.pdf, 15-00975zc 06-23-16 CC FR Fact Sheet.pdf, 15-00975zc 09-22-16 CC FR Fact Sheet.pdf, 15-00975zcAnalysis, Maps & PZAB Reso.pdf, 15-00975zc Application & Supporting Docs.pdf, 15-00975zc Legislation (v2).pdf, 15-00975zc Exhibit.pdf, 15-00975zc-Submittal-Melissa Tapanes-Letter to Francisco Garcia.pdf MOVED: Ken Russell SECONDED: Francis Suarez UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ.2 was continued to the October 27, 2016 Planning and Zoning Commission Meeting. PZ.3 ORDINANCE First Reading 09-008631u1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 23 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .75±ACRES, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3801 Biscayne Boulevard and 455 Northeast 38th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 09-00863zc1. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on February 17, 2016, by a vote of 6-1. PURPOSE: This will change the above properties from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial". 09-00863lu1 PZAB 09-18-13 Supporting Docs.pdf, 09-00863lu1 PZAB 12-02-15 Supporting Documentation.pdf, 09-00863lu1 PZAB 01-20-16 Analysis, Maps & Application.pdf, 09-00863lu1 PZAB 02-17-16 Analysis, Maps & Application.pdf, 09-00863lu1 03-24-16 CC FR Fact Sheet.pdf, 09-00863lu1 04-28-16 CC FR Fact Sheet.pdf, 09-00863lu1 06-23-16 CC FR Fact Sheet.pdf, 09-00863lu1 09-22-16 CC FR Fact Sheet.pdf, 09-00863lu1 Analysis, Maps & PZAB Reso.pdf, 09-00863lu1 Supporting Docs.pdf, 09-00863lu1 Legislation (v2).pdf, 09-00863lu1 Exhibit.pdf MOVED: Ken Russell SECONDED: Francis Suarez UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ.3 was continued to the October 27, 2016 Planning and Zoning Commission Meeting. PZA ORDINANCE First Reading 09-00863zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF City ofMiami Page 24 Prinked on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 APPROXIMATELY .75±ACRES, AS DESCRIBED IN "EXHIBITA", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM T4 -R, "GENERAL URBAN ZONE - RESTRICTED", TO T5-0, "URBAN CENTER ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3801 Biscayne Boulevard and 455 Northeast 38th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the proposed zoning change as presented, but recommended approval of the proposed zoning change with the condition that the entire subject area be rezoned to T5 -L. See companion File ID 09-00863lu1. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on February 17, 2016, by a vote of 6-1. PURPOSE: This will change the zoning for a portion of the above properties from 74-R" General Urban Zone - Restricted to 75-0" Urban Center Zone - Open. 09-00863zc1 PZAB 09-18-13 Supporting Docs.pdf, 09-00863zc1 PZAB 12-02-15 Supporting Documentation.pdf, 09-00863zc1 PZAB 01-20-16 Analysis, Maps & Application.pdf, 09-00863xc1 PZAB 02-17-16 Analysis, Maps & Application.pdf, 09-00863zc1 03-24-16 CC FR Fact Sheet.pdf, 09-00863zc1 04-28-16 CC FR Fact Sheet.pdf, 09-00863zc1 06-23-16 CC FR Fact Sheet.pdf, 09-00863zc1 09-22-16 CC FR Fact Sheet.pdf, 09-00863zc1 Analysis, Maps & PZAB Reso.pdf, 09-00863zc1 Supporting Docs.pdf, 09-00863zc1 Legislation (v2).pdf, 09-00863zc1 Exhibit.pdf MOVED: Ken Russell SECONDED: Francis Suarez UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZA was continued to the October 27, 2016 Planning and Zoning Commission Meeting. PZ.5 ORDINANCE First Reading 15-00973lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY City ofMiami Page 25 Prinked on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 0.68 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 30, 48, 54, 62 NW 34th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial; however, staff would recommend approval for the property located at 30 NW 34th Street. See companion File ID 15-00973zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial as a result of two failed votes to approve on September 16, 2015. PURPOSE: This will change the land use designation for the above properties from "Duplex Residential" to "Low Density Restricted Commercial". 15-00973lu PZAB 09-16-15 Supporting Documentation.pdf, 15-00973lu 11-19-15 CC FR Fact Sheet.pdf, 15-00973lu 03-24-16 CC FR Fact Sheet.pdf, 15-00973lu 09-22-16 CC FR Fact Sheet.pdf, 15-00973lu Analysis, Maps & PZAB Reso.pdf, 15-00973lu Application & Supporting Docs.pdf, 15-00973lu Legislation (v2).pdf, 15-00973lu ExhibitA.pdf MOVED: Francis Suarez SECONDED: Keon Hardemon Motion that this matter be REMANDED TO PLANNING, ZONING AND APPEALS BOARD PASSED by the following vote. AYES: Commissioner(s) Russell, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Gort PZ.6 ORDINANCE First Reading 15-00973zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-0 "SUB -URBAN TRANSECT ZONE - OPEN" TO T4-0 "GENERAL URBAN TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 26 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 PZ.7 LOCATION: Approximately 30, 48, 54, and 62 NW 34 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 9, 10 and 11 (30 NW 34th Avenue) and denial of Lots 12, 13 and 14 (48, 24 and 62 NW 34th Street). See companion File ID 15-009731u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 16, 2015, by a vote of 7-1 PURPOSE: This will allow a zoning classification change for the above properties from T3-0 to T4-0. 15-00973zc PZAB 09-16-15 Supporting Documentation.pdf, 15-00973zc 11-19-15 CC FR Fact Sheet.pdf, 15-00973zc 03-24-16 CC FR Fact Sheet.pdf, 15-00973zc 09-22-16 CC FR Fact Sheet.pdf, 15-00973zc Analysis, Maps & PZAB Reso.pdf, 15-00973zc Application & Supporting Docs.pdf, 15-00973zc Legislation (v2).pdf, 15-00973zc Exhibit A.pdf MOVED: Francis Suarez SECONDED: Keon Hardemon Motion that this matter be REMANDED TO PLANNING, ZONING AND APPEALS BOARD PASSED by the following vote. AYES: Commissioner(s) Russell, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Gort ORDINANCE Second Reading 15-00974lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 0.17 ACRES OF REAL PROPERTY WHICH IS THE EASTERN PORTION OF A PROPERTY COMPRISED OF APPROXIMATELY 0.40 ACRES LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 27 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 Design West, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00974zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 21, 2015, by a vote of 11-0. PURPOSE: This will change the Land Use Designation of the eastern portion of the above property from "Duplex Residential" to "Low Density Restricted Commercial". 15-00974lu PZAB 09-16-15 Supporting Documentation.pdf, 15-00974lu PZAB 10-21-15 Supporting Documentation.doc.pdf, 15-00974lu 12-10-15 CC FR Fact Sheet.pdf, 15-00974lu 0 1 -28-16 CC SR Fact Sheet.pdf, 15-00974lu 02-25-16 CC SR Fact Sheet.pdf, 15-00974lu 03-24-16 CC SR Fact Sheet.pdf, 15-00974lu 04-28-16 CC SR Fact Sheet.pdf, 15-00974lu 06-23-16 CC SR Fact Sheet.pdf, 15-00974lu 07-29-16 CC SR Fact Sheet.pdf, 15-00974lu 09-22-16 CC SR Fact Sheet.pdf, 15-00974lu Analysis, Maps & PZAB Reso.pdf, 15-00974lu Application & Supporting Docs.pdf, 15-00974lu Legislation (v2).pdf, 15-00974lu Exhibit.pdf, 15 -009741u -Submittal -Elvis Cruz -Article 7 Miami 21.pdf, 15-00974lu-Submittal-Steven Wernick-Buena Vista Letter of Support.pdf, 15-00974lu-Submittal-Steven Wernick-Proposed Zoning Map.pdf, 15-00974lu-Submittal-Steven Wernick-Presentation.pdf, 15-00974lu-Submittal-Steven Wernick-Miami 21 Goals and Guiding Principals.pdf, 15 -009741u -Submittal -Steven Wernick-Letters of Support.pdf, 15-00974lu-Submittal-Steven Wernick-Historic Commercial Use of Property and Configuration. pdf, 15-00974lu-Submittal-Steven Wernick-Existing Neighborhood Conditions.pdf, 15-00974lu-Submittal-Deborah Wright -Letter of Opposition to Olga Zamora.pdf, 15-00974lu-Submittal-Susan Braun -Letter from Pedro Maldonado.pdf, 15-00974lu-Submittal-Akerman-Letter Packet for 4201 NW 2nd AVE.pdf 13634 MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon PZ.8 ORDINANCE Second Reading 15-00974zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3 -L "URBAN TRANSECT ZONE - LIMITED" TO T4 -L "GENERAL City ofMiami Page 28 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 URBAN CENTER TRANSECT ZONE - LIMITED" AND T4 -L "GENERAL URBAN CENTER TRANSECT ZONE - LIMITED" TO T4-0 "GENERAL URBAN CENTER TRANSECT ZONE - OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 NW 2 Avenue, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-009741u. Item does not include a covenant. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on October 21, 2015, by a vote of 11-0. PURPOSE: This will allow a Zoning Classification change from T3 -L "Urban Transect Zone- Limited" to T4 -L "General Urban Center Transect Zone - Limited" and T4 -L "General Urban Center Transect Zone - Limited" to T4-0 "General Urban Center Transect Zone - Open" for the above property. 15-00974zc PZAB 09-16-15 Supporting Documentation.pdf, 15-00974zc PZAB 10-21-15 Supporting Documentation.doc.pdf, 15-00974zc 12-10-15 CC FR Fact Sheet.pdf, 15-00974zc Legislation (v2).pdf, 15-00974zc 01-28-16 CC SR Fact Sheet.pdf, 15-00974zc 02-25-16 CC SR Fact Sheet.pdf, 15-00974zc 03-24-16 CC SR Fact Sheet.pdf, 15-00974zc 04-28-16 CC SR Fact Sheet.pdf, 15-00974zc 06-23-16 CC SR Fact Sheet.pdf, 15-00974zc 06-23-16 CC SR Exhibit 1.pdf, 15-00974zc 06-23-16 CC SR Analysis, Maps & PZAB Reso.pdf, 15-00974zc 07-29-16 CC SR Fact Sheet.pdf, 15-00974zc 09-22-16 CC SR Fact Sheet.pdf, 15-00974zc Analysis, Maps & PZAB Reso.pdf, 15-00974zc Application & Supporting Docs.pdf, 15-00974zc Legislation (v3).pdf, 15-00974zc ExhibitA.pdf, 1 5-00974zc-Su bm ittal- Elvis Cruz -Article 7 Miami 21.pdf, 15-00974zc-Submittal-Steven Wernick-Buena Vista Letter of Support.pdf, 15-00974zc-Submittal-Steven Wernick-Proposed Zoning Map.pdf, 15-00974zc-Submittal-Steven Wernick-Presentation.pdf, 15-00974zc-Submittal-Steven Wernick-Miami 21 Goals and Guiding Principals.pdf, 15-00974zc-Submittal-Steven Wernick-Letters of Support.pdf, 15-00974zc-Submittal-Steven Wernick-Historic Commercial Use of Property and Configuration. pdf, 15-00974zc-Submittal-Steven Wernick-Existing Neighborhood Conditions.pdf, 15-00974zc-Submittal-Deborah Wright -Letter of Opposition to Olga Zamora.pdf, OBSOLETE, 15-00974zc-Submittal-Akerman-Letter Packet for 4201 NW 2nd AVE.pdf 13635 MOVED: Francis Suarez SECONDED: Ken Russell UNANIMOUS City ofMiami Page 29 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 PZ.9 16-00831 lu PZ.10 Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 0.15±ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 1197 SOUTHWEST 19TH AVENUE, MIAMI, FLORIDA FROM "SINGLE FAMILY RESIDENTIAL" TO 'PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1197 SW 19 AVE [Commissioner Francis Suarez - District 4] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 16-00831zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 6, 2016, by a vote of 8-0. PURPOSE: This will change the Land Use designation of the property from "Single -Family Residential" to "Public Parks and Recreation". 16-00831lu 07-06-16 PZAB Supporting Docs.pdf, 16-00831lu 09-22-16 CC FR Fact Sheet.pdf, 16-00831 lu Analysis, Maps & PZAB Reso.pdf, 16-00831lu Legislation (v2).pdf, 16-00831lu Exhibit.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon ORDINANCE First Reading 16-00831zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3 -R, "SUB -URBAN TRANSECT ZONE - RESTRICTED", TO CS, "CIVIC SPACE ZONE", FORTH E PROPERTY LOCATED AT APPROXIMATELY 1197 SOUTHWEST 19 AVENUE, MIAMI, FLORIDA; City ofMiami Page 30 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. LOCATION: Approximately 1197 SW 19 Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 16-008311u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 6, 2016, by a vote of 8-0. PURPOSE: This will change the zoning designation for the above property from T3 -R, "Sub -Urban Transect Zone - Restricted" to CS, "Civic Space/Park Transect Zone". 16-00831zc 07-06-16 PZAB Supporting Docs.pdf, 16-00831zc 09-22-16 CC FR Fact Sheet.pdf, 16-00831zc Analysis, Maps & PZAB Reso.pdf, 16-00831zc Legislation (v2).pdf, 16-00831zc Exhibit.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon PZ.11 ORDINANCE Second Reading 16-00659zt 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") BYAMENDING ARTICLE 3, SECTION 3.3.1, ENTITLED "LOTS AND FRONTAGES"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 31 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 SPONSOR(S): Commissioner Francis Suarez APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 18, 2016, by a vote of 6-1. PURPOSE: This ordinance will amend Article 3, Section 3.3.1 entitled, "Lots and Frontages" of the Zoning Ordinance. 16-00659zt 05-18-16 PZAB Supporting Docs.pdf, 16-00659zt 07-29-16 CC FR Fact Sheet.pdf, 16-00659zt 07-29-16 CC Legislation (v2).pdf, 16-00659zt 09-08-16 CC FR Fact Sheet.pdf, 16-00659zt 09-22-16 CC SR Fact Sheet.pdf, 16-00659zt PZAB Reso.pdf, 16-00659zt Legislation (v2).pdf, OBSOLETE 13636 MOVED: Francis Suarez SECONDED: Keon Hardemon UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon PZ.12 ORDINANCE Second Reading 16-00657zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BYAMENDING APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS TO MODIFY REGULATIONS RELATED TO THE NORTH MIAMI AVENUE SETBACK, ON -STREET LOADING, PARKING STANDARDS, CROSS -BLOCK PASSAGES, STREET TREE PUBLIC BENEFIT CONTRIBUTION REQUIREMENTS, NOTICE REQUIREMENTS, AND TO REFORMAT THE ORGANIZATION OF THE REGULATIONS; CONTAINING THE REGULATIONS SET FORTH THEREIN; MAKING FINDINGS OF FACTAND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. City ofMiami Page 32 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 SPONSOR(S): Commissioner Francis Suarez APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 15, 2016, by a vote of 10-0. PURPOSE: This ordinance will amend the adopted NRD-1 portion of Appendix J entitled, "Neighborhood Revitalization Districts" to modify regulations related to On -Street Loading, Parking Standards, Cross -Block Passage Regulations, Street Tree Public Benefit contribution requirement, Notice Requirement and to reformat organization of the document in efforts to improve intent and effectiveness. 16-00657zt1 05-18-16 PZAB Supporting Docs.pdf, 16-00657zt1 06-15-16 PZAB Supporting Docs.pdf, 16-00657zt1 07-29-16 CC FR Fact Sheet.pdf, 16-00657zt1 07-29-16 CC FR Legislation (v2).pdf, 16-00657zt1 07-29-16 CC FR Exhibit.pdf, 16-00657zt1 09-08-16 CC FR Fact Sheet.pdf, 16-00657zt1 09-08-16 FR Complete Legislation (v3).pdf, 16-00657zt1 09-22-16 CC SR Fact Sheet.pdf, 16-00657zt1 PZAB Reso.pdf, 16-00657zt1 Legislation (v3).pdf, OBSOLETE, OBSOLETE, OBSOLETE MOVED: Frank Carollo SECONDED: Ken Russell UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ.12 was continued to the October 27, 2016 Planning and Zoning Commission Meeting. PZ.13 ORDINANCE First Reading 16-01068zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BYAMENDING ARTICLE 1, ENTITLED "DEFINITIONS", SUBSECTION 1.1(H), ENTITLED "INDUSTRIAL", TO INCLUDE CONCRETE BATCHING PLANTS; BY AMENDING ARTICLE 6, TABLE 13; AND BY AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTAL REGULATIONS", TO ADD SECTION 6.5, ENTITLED "INDUSTRIAL USES" AND SUBSECTION 6.5.1, ENTITLED "CONCRETE BATCHING PLANTS", TO ESTABLISH REGULATIONS FOR CONCRETE BATCHING PLANTS IN D2 "INDUSTRIAL" TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 33 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 SPONSOR(S): Commissioner Wifredo ("Willy") Gort APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 7, 2016, by a vote of 9-0. PURPOSE: This will modify Article 1 of the Miami 21 Zoning Code, more specifically by modifying the definition of "Storage and Distribution" in Article 1, subsection 1.1(h) "Industrial" by adding "Concrete Batching Plants". This will also amend Article 6 of the Miami 21 Zoning Code to establish regulations for Concrete Batching Plants only in D2 "Industrial" Transect Zones, through the Warrant process. 16-01068zt 09-07-16 PZAB Supporting Docs.pdf, PZAB RESOLUTION, 16-01068zt 09-22-16 CC FR Fact Sheet.pdf, 16-01068zt Supporting Docs & PZAB Reso.pdf, 16-01068zt Legislation (v2).pdf, 16-01068zt Exhibit.pdf MOVED: Wifredo (Willy) Gort SECONDED: Ken Russell Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo and Hardemon ABSENT: Commissioner(s) Suarez PZ.14 RESOLUTION 16-00633cua A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AFFIRMING THE ZONING ADMINISTRATOR'S REVOCATION, DATED AUGUST 13, 2015, OF CERTIFICATE OF USE NO. 1504-000862 FORTH E PROPERTY LOCATED AT APPROXIMATELY 2321 SOUTHWEST 16TH AVENUE AND 2323 SOUTHWEST 16TH AVENUE, MIAMI, FLORIDA. City ofMiami Page 34 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 LOCATION: Approximately 2321 SW 16th Ave and 2323 SW 16th Ave [Commissioner Frank Carollo - District 3] CERTIFICATE OF USE APPLICANT(S): Jorge A. and Rosa Montes APPELLANT(S) TO PLANNING, ZONING AND APPEALS BOARD: Hoss Hernandez, Esquire on behalf of Jorge A. and Rosa Montes APPELLANT(S) TO CITY COMMISSION: Hoss Hernandez, Esquire on behalf of Jorge A. and Rosa Montes FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended revocation of the Certificate of Use. PLANNING, ZONING AND APPEALS BOARD: Denied the appeal on May 18, 2016, by a vote of 7-0. Cross-reference File ID 16-00633cu. PURPOSE: Appealing the decision of the Planning, Zoning and Appeals Board. 16-00633cua 07-29-16 CC Fact Sheet.pdf, 16-00633cua 09-22-16 CC Fact Sheet.pdf, 16-00633cua Appeal Letter & Supporting Docs.pdf, 16-00633cua PZAB Reso.pdf, 16-00633cua Legislation (v2).pdf, 16-00633cua Legislation (v3).pdf MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PZ.14 was continued to the October 27, 2016 Planning and Zoning Commission Meeting. PZ.15 RESOLUTION 16-00741 ha A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY BRIAN T. JAMES AND NATHALIE CADET JAMES, AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED THE RECLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 184 NORTHEAST 45 STREET, MIAMI, FLORIDA FROM A NON-CONTRIBUTING STRUCTURE TO A CONTRIBUTING STRUCTURE, WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT. City ofMiami Page 35 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 LOCATION: Approximately - [Commissioner * - District *] APPELLANT(S): -, Esquire, on behalf of - APPLICANT(S): -, Esquire, on behalf of - FINDING(S): PLANNING DEPARTMENT: Recommended - of the appeal and - of the designation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: -the designation on - by a vote of -. PURPOSE: The approval of this appeal will exclude the property located at approximately - as part of the historic designation of the - Historic District. 16-00741 ha 06-23-16 CC Fact Sheet.pdf, 16-00741 ha 06-23-16 Analysis.pdf, 16-00741 ha Legislation (v2).pdf, 16-00741 ha Legislation (v3).pdf, 16-00741 ha HEPB Reso.pdf, 16-00741 ha -Submittal -Schiller Jerome-BVEHNA opposed to the appeal of the HEP Board decision.pdf, 16-00741ha-Submittal-Ben Fernandez -Supporting Documents.pdf, 16-00741 ha 07-29-16 CC Fact Sheet.pdf, 16-00741 ha 09-22-16 CC Fact Sheet.pdf, 16-00741 ha Appeal Letter.pdf, 16-00741 ha Analysis & HEPB Reso.pdf, 16-00741 ha Legislation (v5).pdf, 16-00741 ha Legislation (v6).pdf, 16-00741 ha -Submittal -Ben Fernandez -Declaration of Restrictive Covenants.pdf, 16-00741 ha -Submittal -Dean Lewis -Expert Opinion Letter for 184 NE 45 ST.pdf, 16-00741 ha -Submittal -Megan Schmitt -Buena Vista East Historic District Resurvey Analysis.pdf R-16-0464 MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon PZ.16 RESOLUTION 16-00930ha A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY DOUGLAS C. BOEKER, MELANIE BOEKER, JUDY MILLER, CAROLINE R. MEEK, OBDULIO MENENDEZ, MARIA DE LOS A. MENENDEZ, ANTHONY M. O'ROURKE, SAHARA M. PORTALES, JESUS I. MENENDEZ, SANDRA I. MENENDEZ, CHRISTOPHER CULBERT, KARA CULBERT, AND MARIA T. FERNANDEZ AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL OF A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE NEW CONSTRUCTION OF A SINGLE-FAMILY HOME AT 545 NORTHEAST 55 TERRACE, MIAMI, FLORIDA WITHIN THE MORNINGSIDE HISTORIC DISTRICT. City ofMiami Page 36 Printed on 1 01312 01 6 City Commission City ofMiami Marked Agenda September 22, 2016 LOCATION: Approximately XXXXX [Commissioner Keon Hardemon - District 5] APPLICANT(S): XXXXX APPELLANT(S): XXXXX, property owner FINDING(S): PRESERVATION OFFICE: Recommended XXXXXI. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: XXXXX. PURPOSE: This will allow the demolition of a contributing resource, and new construction of a single-family home. 16-00930ha 07-29-16 CC Fact Sheet.pdf, 16-00930ha 09-09-16 CC Fact Sheet.pdf, 16-00930ha 09-22-16 CC Fact Sheet.pdf, 16-00930haAppeal Letter.pdf, 16-00930ha Staff Analysis & HEPB Reso.pdf, 16-00930ha COA Application.pdf, 16-00930ha (v2).pdf, 16-00930ha (v3).pdf, 16-00930ha-Submittal-Neisen Kasdin-Presentation by Neisen Kasdin 545 NE 55 Terrace.pdf, 16-00930ha-Submittal-Neisen Kasdin-Letter from Melanie and Douglas Broeker.pdf, 16-00930ha-Submittal-Neisen Kasdin-Summary of Communications with adjacent neighbors of the project.pdf, 16-00930ha-Submittal-Neisen Kasdin-Plans for Villa Riva Project.pdf, 16-00930ha-Submittal-Elvis Cruz -Guidelines, Fact Sheet and Letters.pdf R-16-0465 MOVED: Ken Russell SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT Page 37 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 END OF DISTRICT 1 DISTRICT 2 VICE CHAIR KEN RUSSELL D2.1 DISCUSSION ITEM 16-01219 DISCUSSION ON FUNDING AND ACTIVATING VIRGINIA KEY. District 2 - Commissioner Ken Russell 16-01219 E -Mail - Discussion Item.pdf DEFERRED Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item D2.1 to the October 13, 2016 Regular Commission Meeting. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 FUTURE LEGISLATION FLA ORDINANCE First Reading 16-00896 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN PARK WEST AREA, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL City ofMiami Page 38 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 PROPOSED BY THE DOWNTOWN DEVELOPMENT AUTHORITY; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCILAND THE CITY OF MIAMI PLANNING ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDERATTACHED HERETOAS "EXHIBITA", THEAPPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORTAND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACTAND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTALS DIRECTING THE CITY MANAGER TO TAKE ALLACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FORA TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 60 -DAY PUBLIC COMMENT PERIOD: September 14, 2016 - November 12, 2016 APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 7, 2016, by a vote of 9-1. PURPOSE: This will amend the Downtown Development of Regional Impact ("DRI") by authorizing an Increment III Development Order. 16-00896 09-07-16 PZAB Supporting Docs.pdf, 16-00896 09-22-16 FL-PZ.1 Legislation DRAFT.pdf, Submittal into the record 9/7/16 NO ACTION TAKEN NON -AGENDA ITEM(S) NA.1 RESOLUTION 16-01374 A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON SEPTEMBER 29, 2016, AT 11:00 A.M., AT MIAMI CITY HALL, FOR THE PURPOSE OF DISCUSSING TWO (2) PRIVATE ATTORNEY-CLIENT SESSIONS CONDUCTED UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES. R-16-0454 MOVED: Wifredo (Willy) Gort SECONDED: Francis Suarez City ofMiami Page 39 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo and Hardemon ABSENT: Commissioner(s) Suarez NA.2 DISCUSSION ITEM 16-01422 DISCUSSION BY COMMISSIONER GORT REGARDING SUPPORT FOR THE CHARITABLE ART EVENT ENTITLED "STREET ART FOR MANKIND (SAM)", A NOT-FOR-PROFIT ORGANIZATION WHOSE MISSION IS TO STOP CHILD SLAVERY THROUGH ART. 16 -01422 -Submittal -Street Art for Mankind SAM Presentation.pdf DISCUSSED NA.3 ATTORNEY-CLIENT SESSION 16-01423 A SPECIAL MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED FOR THURSDAY, SEPTEMBER 29, 2016, AT THE CITY OF MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE ATTORNEY-CLIENT SESSION WILL BE CONDUCTED UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILLANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLYA PARTY. THIS PRIVATE MEETING WILL BEGIN ATAPPROXIMATELY 11:00 A.M. (ORAS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITYATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN AND DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILLANNOUNCE THE TERMINATION OF THE City ofMiami Page 40 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 ATTORNEY-CLIENT SESSION. 11690,mll=I C NAA ATTORNEY-CLIENT SESSION 16-01424 A SPECIAL MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED FOR THURSDAY, SEPTEMBER 29, 2016, AT THE CITY OF MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE ATTORNEY-CLIENT SESSION WILL BE CONDUCTED UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILLANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE FOLLOWING CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION; VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION, CASE NO. 3D15-2824, BEFORE THE THIRD DISTRICT COURT OF APPEAL, AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLYA PARTY. THIS PRIVATE MEETING WILL BEGIN ATAPPROXIMATELY 11:00 A.M. (ORAS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS, AND ASSISTANT CITYATTORNEYS KERRI L. MCNULTYAND FORREST L. ANDREWS. ACERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. DISCUSSED NA.5 ATTORNEY-CLIENT SESSION City ofMiami Page 41 Printed on 1 01312 01 6 City Commission Marked Agenda September 22, 2016 16-01385 Office of the City Attorney NA.6 16-01383 Office of the City Attorney UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILLANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF: SECURITIES AND EXCHANGE COMMISSION V. CITY OF MIAMI, FLORIDA AND MICHAEL BOUDREAUX, CASE NO. 13 -CV -22600, PENDING IN THE UNITED STATED DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLYA PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO, THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHERA. GREEN; THOMAS SCOTT, ESQ.; AND SCOTT COLE, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THIS SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. DISCUSSED ATTORNEY-CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILLANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF: INTERSTATE PROPERTY HOLDINGS, LLC V. CITY OF MIAMI, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 15-008371 CA 25, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (ORAS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN City ofMioIni Page 42 Printed on 1 01312 01 6 City Commission ADJOURNMENT Marked Agenda September 22, 2016 RUSSELL, COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO AND FRANCIS SUAREZ; THE ACTING CITY MANAGER, FERNANDO CASAMAYOR; THE CITYATTORNEY, VICTORIA MENDEZ; DEPUTY CITYATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER GREEN AND ASSISTANT CITY ATTORNEY FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILLANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. DISCUSSED END OF NON -AGENDA ITEM(S) The meeting adjourned at 6:58 p.m. City ofMiami Page 43 Printed on 1 01312 01 6