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Home My WebLink AboutCC 2018-06-08 AgendaCity of Miami City Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Y OF AC At� * INCORPORAiFD \1896 400,01, �U R 1/ Meeting Agenda Friday, June 08, 2018 10:30 AM Special Meeting City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Agenda June 8, 2018 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR-FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT AGENDA OFFICE/MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY PROPOSITION BEFORE THE CITY COMMISSION IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * * * * * * * * * * * * * City of Miami Page 2 Printed on 61112018 City Commission Meeting Agenda June 8, 2018 Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 305-250-5361, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City of Miami Page 3 Printed on 6/1/2018 City Commission Meeting Agenda June 8, 2018 10:30 AM INVOCATION AND PLEDGE RESOLUTIONS SP.1 RESOLUTION 4103 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of p ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO PREPARE A Real Estate and PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, Asset FLORIDA ("CHARTER") FOR CONSIDERATION AT THE SPECIAL Management ELECTION SCHEDULED FOR AUGUST 28, 2018, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO EXECUTE BOTH AN ESCROW AGREEMENT ("ESCROW") AND THE FIFTH MODIFICATION ("FIFTH MODIFICATION") TO THE LEASE AND DEVELOPMENT AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND ESJ JI LEASEHOLD, LLC ("ESJ') FOR 19.35 ACRES OF CITY -OWNED WATERFRONT PROPERTY, AMENDING CERTAIN TERMS OF THE EXISTING LEASE, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING MATERIAL TERMS: ADDITIONAL IMPROVEMENTS ON THE 19.35 ACRES OF CITY -OWNED WATERFRONT PROPERTY; MODIFICATION TO THE CURRENT REMAINING LEASE TERM ("TERM") OF APPROXIMATELY FORTY THREE (43) YEARS AND EXTENDING THE TERM TO 2099 WITH AN ADDITIONAL OPTION OF FIFTEEN (15) YEARS TO EXTEND THE LEASE TO 2114; PAYMENT OF ADDITIONAL ANNUAL RENT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) INCREASING, ONCE THE PROPOSED HOTEL HAS STABILIZED, TO THE GREATER OF ONE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($171507000.00) OR FIVE PERCENT (5%) OF ANNUAL GROSS REVENUES FROM A FIFTY MILLION DOLLAR ($50,000,000.00) HOTEL, WITH A ONE HUNDRED THIRTY (130) FOOT MAXIMUM HEIGHT, SUBJECT TO CITY APPROVALS AND SUCCESSFUL LAND USE AND ZONING CHANGES, AS NECESSARY; PROVIDING PARKING, RETAIL/RESTAURANT, AND MEETING ROOM SPACE; PROVIDING IMPROVEMENTS, REPAIRS, AND MAINTENANCE TO THE ICHIMURA-MIAMI JAPANESE GARDENS IN THE AMOUNT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00); PROVIDING A CONTRIBUTION OF FIVE HUNDRED THOUSAND DOLLARS ($5007000.00)7 PAID OVER A TEN (10) YEAR PERIOD, FOR LOW INCOME HOUSING RENOVATIONS IN BLIGHTED AREAS OF THE CITY; ESTABLISHING A REPAIRS RESERVE ACCOUNT; IMPLEMENTING A THREE PERCENT (3%) TRANSFER FEE OF GROSS SALE PROCEEDS; IMPLEMENTING A REFINANCING FEE OF ONE PERCENT (1%) OF LOAN PROCEEDS; PROVIDING A RENT CREDIT TO ESJ IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FOR REIMBURSEMENT OF COSTS RELATED TO SHORELINE STABILIZATION AND IMPROVEMENTS NEEDED AS A RESULT OF EROSION FROM HURRICANE DAMAGE IN 2017; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City of Miami Page 4 Printed on 61112018 City Commission Meeting Agenda June 8, 2018 SP.2 RESOLUTION 4102 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A Department of PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, Real Estate and AS AMENDED ("CHARTER"); SPECIFICALLY PROPOSING TO AMEND SECTION Asset 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE - Management GENERALLY", TO AUTHORIZE THE CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO EXECUTE BOTH AN ESCROW AGREEMENT ("ESCROW") AND THE FIFTH MODIFICATION ("FIFTH MODIFICATION") TO THE LEASE AND DEVELOPMENT AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY') AND ESJ JI LEASEHOLD, LLC ("ESJ") FOR 19.35 ACRES OF CITY - OWNED WATERFRONT PROPERTY, AMENDING CERTAIN TERMS OF THE EXISTING LEASE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING MATERIAL TERMS: ADDITIONAL IMPROVEMENTS ON THE 19.35 ACRES OF CITY -OWNED WATERFRONT PROPERTY; MODIFICATION TO THE CURRENT REMAINING LEASE TERM ("TERM") OF APPROXIMATELY FORTY THREE (43) YEARS AND EXTENDING THE TERM TO 2099, WITH AN ADDITIONAL OPTION OF FIFTEEN (15) YEARS TO EXTEND THE LEASE TO 2114; PAYMENT OF ADDITIONAL ANNUAL RENT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) INCREASING, ONCE A PROPOSED HOTEL HAS STABILIZED, TO THE GREATER OF ONE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($1,150,000.00) OR FIVE PERCENT (5%) OF ANNUAL GROSS REVENUES FROM THE PROPOSED FIFTY MILLION DOLLAR ($50,000,000.00) HOTEL, WITH A ONE HUNDRED THIRTY (130) FOOT MAXIMUM HEIGHT, SUBJECT TO CITY APPROVALS AND SUCCESSFUL LAND USE AND ZONING CHANGES, AS NECESSARY; PROVIDING PARKING, RETAIL/RESTAURANT, AND MEETING ROOM SPACE; PROVIDING IMPROVEMENTS, REPAIRS, AND MAINTENANCE TO THE ICHIMURA-MIAMI JAPANESE GARDENS IN THE AMOUNT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00); PROVIDING A CONTRIBUTION OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), PAID OVER A TEN (10) YEAR PERIOD, FOR LOW INCOME HOUSING RENOVATIONS IN BLIGHTED AREAS OF THE CITY; ESTABLISHING A REPAIR RESERVE ACCOUNT; IMPLEMENTING A THREE PERCENT (3%) TRANSFER FEE OF GROSS SALE PROCEEDS; IMPLEMENTING A REFINANCING FEE OF ONE PERCENT (1%) OF LOAN PROCEEDS; PROVIDING A RENT CREDIT TO ESJ IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FOR REIMBURSEMENTS OF COSTS RELATED TO SHORELINE STABILIZATION AND IMPROVEMENTS NEEDED AS A RESULT OF EROSION FROM HURRICANE DAMAGE IN 2017; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A SPECIAL ELECTION TO BE HELD ON AUGUST 28, 2018; 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; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ESCROW AND FIFTH MODIFICATION, SUBJECT TO APPROVAL BY THE ELECTORATE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO DELIVER TO THE CITY ATTORNEY WITHIN SEVEN (7) DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION, THE EXECUTED FIFTH AMENDMENT TO BE HELD IN ESCROW BY THE CITY ATTORNEY; AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY ON BEHALF OF THE CITY TO COMPLY WITH THE ESCROW; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 5 Printed on 61112018 City Commission Meeting Agenda June 8, 2018 SP.3 RESOLUTION 4236 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) FROM PARKS IMPACT FEES IN THE CITYWIDE PARK LAND ACQUISITION PROJECT NO. 40-1340507 TO THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-131735157 HADLEY PARK SYNTHETIC TURF AND PARK IMPROVEMENTS ("PROJECT"), FOR THE PURPOSE OF MAKING CAPACITY ENHANCING CAPITAL IMPROVEMENTS AT THE CITY OF MIAMI'S ("CITY") CHARLES HADLEY PARK, LOCATED 1300 NORTHWEST 50TH STREET, MIAMI, FLORIDA ("HADLEY PARK"); AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ADMINISTRATION TO AMEND THE CITY'S MULTI- YEAR CAPITAL PLAN FOR FISCAL YEAR 2017-2018 ACCORDINGLY AND TO USE ANY LEGALLY AVAILABLE RESOURCES TO EXPEDITE, UNDERTAKE, CONSTRUCT, AND EFFECTUATE THE CAPACITY ENHANCING CAPITAL IMPROVEMENTS FOR THE PROJECT AT HADLEY PARK. SPONSOR(S): Chair Keon Hardemon END OF SPECIAL MEETING City of Miami Page 6 Printed on 6/1/2018