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HomeMy WebLinkAboutCC 2018-09-27 Marked AgendaCity of Miami r � r �NCIIA /AAiEI Marked Agenda City Commission Francis Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two 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 Thursday, September 27, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City Hall Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the 27th day of September 2018, 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 9:05 a.m., recessed at 12:20 p.m., reconvened at 2:20 p.m., recessed at 4:28 p.m., reconvened at 4:40p.m., and adjourned at 7.46p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:07 a.m., Vice Chair Russell entered the Commission chambers at 9:19 a.m., and Commissioner Carollo entered the Commission chambers at 11:47 a.m. ALSO PRESENT.• Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA 4855 PROTOCOL ITEM Honoree Presenter Protocol Item The Miami Times, 2018 Russwurm Trophy Mayor Suarez Proclamation Recipient Ukrainian Holodomor Genocide Mayor Suarez & Comm. Reyes Proclamation Observance City of Miami Page 1 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 RESULT: PRESENTED 1) Mayor Suarez and Commissioner Reyes presented a Proclamation honoring and observing the 85' Anniversary of the Ukrainian Genocide of 1932-1933. Saturday, November 24, 2018 marks the eighty-fifth anniversary of the Ukrainian Holodomor, a Genocide in which ten million innocent men, women and children lost their lives after self -proclaiming themselves against the Soviet economic, political and social oppression. Ukrainians died at the rate of 28, 000 per day with nearly a third of the victims being children below the age of ten; and numerous Ukrainian farm owners were forced to labor in an effort to continue the export of grain, while being deprived from its consumption. Under the global theme `Ukraine Remembers, the World Acknowledges,' the City of Miami would like to bring awareness to the Ukrainian Genocide, Holodomor, of 1932-1933, as a tragic and heinous crime against humanity, and respect those who lives were lost. Elected Officials paused in their deliberations of governance, therefore, proclaiming Saturday, November 24, 2018 as "Ukrainian Holodomor Genocide Observance Day" in the City of Miami. 2) Mayor Suarez presented a Proclamation paying tribute and celebrating the Miami Times. The Miami Times was founded in 1923 by the Reeves family with the overarching goal of educating, informing, entertaining and updating residents in our community. The Miami Times continues to operate by the Reeves family and is the oldest, and largest Black newspaper in South Florida. On Thursday, June 28' 2018, The Miami Times was awarded the John B. Russwurm trophy, the most prestigious honor for Black newspapers in our nation, by the National Newspaper Publishers Association in Norfolk, Virginia. The National Newspaper Publishers Association received over 1,000 entries from newspapers that are committed to excellence in their respective fields for the Russwurm trophy, making 2018 the most competitive year experienced by the organization; and when judging The Miami Times, the judges placed the newspaper first for Best Special Section, and Best Layout and Design, second for Best News Pictures, Best Circulation Promotion, Best Original Advertising, Best Youth Section, and Best Church Section, and third for Best Use of Photographs, General Excellence, and Women's/Lifestyle Section, and Best Entertainment Section. Elected Ojficials paused in their deliberations of governance, therefore, proclaiming, Thursday, September 27, 2018 as "The Miami Times Day" in the City of Miami. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Special Meeting - Jun 8, 2018 10:30 AM MOTION TO: Approve RESULT: APPROVED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo City of Miami Page 2 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 AM.2 City Commission - Planning and Zoning - Jun 28, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) MV - MAYORAL VETOES NO 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 items) for City Commission consideration.) END OF MAYORAL VETOES City of Miami Page 3 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 PA-PERSONALAPPEARANCES PA.1 PERSONAL APPEARANCE 4709 A PERSONAL APPEARANCE BY RONALD BOOK REGARDING THE HOMELESS TRUST. RESULT: PRESENTED PA.2 PERSONAL APPEARANCE 4837 A PERSONAL APPEARANCE BY CITY MANAGER EMILIO T. GONZALEZ ON OUR DIGITAL TRANSFORMATION AT THE CITY OF MIAMI. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item PA.2 was deferred to the Oetober 11, 2018, Regular Commission Meeting. END OF PERSONAL APPEARANCES Citv ofMiami Page 4 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo CA.1 RESOLUTION 4696 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO CONDUCT ASSESSMENT AND REMEDIATION, IF NECESSARY, ON CITY OF MIAMI ("CITY') OWNED PROPERTY LOCATED AT 1050 MACARTHUR CAUSEWAY, MIAMI, FLORIDA WITHOUT ANY FEE OR COST TO THE CITY; FURTHER AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0406 This matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 4360 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Attorney ON BEHALF OF JOSE GONZALEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $175,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY'), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $174,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-18-0407 This matter was ADOPTED on the Consent Agenda. Citv ofMiami Page 5 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 CA.3 RESOLUTION 4710 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Equal ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Opportunity & EXECUTE A TITLE VI/NONDISCRIMINATION ASSURANCE Diversity Programs AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY'S ADOPTION OF AN UPDATED TITLE VI/NONDISCRIMINATION PROGRAM PLAN ("PLAN") AS REQUIRED FOR THE CITY'S RECERTIFICATION AS A LOCAL AGENCY PURSUANT TO FDOT'S LOCAL AGENCY PROGRAM FOR FEDERAL AND STATE FUNDING OF CITY CAPITAL PROJECTS, INCLUSIVE OF THE PROVISION OF THE CITY'S NEW EQUAL OPPORTUNITY AND DIVERSITY PROGRAM ADMINISTRATOR WHO SERVES AS THE PLAN'S COORDINATOR FOR THE CITY, AS WELL AS SUCH OTHER ADDITIONAL REVISIONS TO THE LANGUAGE OF THE CITY'S CURRENT PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER AGREEMENTS OR DOCUMENTS REQUIRED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY'S COMPLIANCE WITH FEDERAL, STATE, AND LOCAL NONDISCRIMINATION LAWS AND AUTHORITIES AS MAY BECOME NECESSARY. ENACTMENT NUMBER: R-18-0408 This matter was ADOPTED on the Consent Agenda. CAA RESOLUTION 4684 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE Department of PROJECT TITLED "HIGH VISIBILITY ENFORCEMENT"; Police AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF AGREEMENT AND CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNIVERSITY OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE, INC., D/B/A INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT FOR REIMBURSEMENT OF OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED $92,576.00 FOR MIAMI POLICE DEPARTMENT OFFICERS CONDUCTING TRAFFIC ENFORCEMENT DETAILS AND COMMUNITY EDUCATION INITIATIVES CONSISTENT WITH THE PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-18-0409 This matter was ADOPTED on the Consent Agenda. Citv ofMiami Page 6 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 CA.5 RESOLUTION 4687 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BID RECEIVED JUNE 25, 2018, PURSUANT TO INVITATION Parks and FOR BID NO. 862381, FROM CARLON INC., A FLORIDA FOR Recreation PROFIT CORPORATION, D/B/A BROWARD NELSON FOUNTAIN SERVICE, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF BULK CARBON DIOXIDE ("CO2") GAS, ON A STAY FILL PROGRAM, FOR THE DEPARTMENT OF PARKS AND RECREATION ("PARKS"), ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS FROM THE PARKS GENERAL FUND, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO ADD SUPPLIERS TO THE CONTRACT AS DEEMED NECESSARY BY THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0410 This matter was ADOPTED on the Consent Agenda. Citv ofMiami Page 7 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 CA.6 RESOLUTION - Item Pulled from Consen' 4725 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Parks and ACCEPT A DONATION OF TWO (2) SOCCER MINI PITCHES Recreation ("MINI PITCHES'), WHICH HAVE AN ESTIMATED TOTAL VALUE ABSENT: OF ONE HUNDRED TWENTY THOUSAND DOLLARS Note for the Record. Item CA.6 was continued to the October 25, 2018, Planning ($120,000.00) AND ARE TO BE INSTALLED, FROM THE UNITED Meeting. STATES SOCCER FEDERATION FOUNDATION, INC., A FOREIGN NOT FOR PROFIT CORPORATION ("FOUNDATION") IN JUAN PABLO DUARTE PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS, INSTALLATION, AND RELEASE AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATIONS. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Russell, Reyes ABSENT: Carollo Note for the Record. Item CA.6 was continued to the October 25, 2018, Planning and Zoning Commission Meeting. CA.7 RESOLUTION 4828 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Fire- ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Rescue ACCEPT THE GRANT AWARDED BY THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES ("STATE") AND THE CITY OF MIAMI ("CITY'), IN AN AMOUNT NOT TO EXCEED $400,000.00, TO ASSIST WITH THE PURCHASE OF A MOBILE COMMAND VEHICLE FOR THE DEPARTMENT OF FIRE -RESCUE THAT WILL FACILITATE EMERGENCY RESPONSE AND ASSISTANCE SERVICES PROVIDED TO THE RESIDENTS AND VISITORS OF THE CITY, PROJECT NO. 40B -173216A; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID GRANT. ENACTMENT NUMBER: R-18-0411 This matter was ADOPTED on the Consent Agenda. A►1Blue] &deL69A►kr_Cr]A►1910 Citv ofMiami Page 8 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PH - PUBLIC HEARINGS PH.1 RESOLUTION 4177 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION FOR Community and PROGRAM YEAR 2018-2019 COMMUNITY DEVELOPMENT Economic BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF ABSENT: $788,856.60 AND THE AMOUNT OF $150,145.77 FROM PREVIOUS Development YEAR'S PROGRAM INCOME, FOR A TOTAL AMOUNT OF $939,002.37 IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING OCTOBER 1, 2018; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0398 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo PH.2 RESOLUTION 4789 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE and Mayor CODE OF THE CITY, AS AMENDED ("CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FORTY SIX THOUSAND EIGHT HUNDRED FORTY DOLLARS ($346,840.00) TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR ALL"), IN SUPPORT OF SUNSHINE FOR ALL'S MEALS ON WHEELS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0412 Citv ofMiami Page 9 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo PH.3 RESOLUTION 4498 A RESOLUTION OF THE MIAMI COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE and Mayor VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, AYES: CONFIRMING, AND APPROVING THE CITY MANAGER'S Note for the Reeord: For directive refereneing Item PH. 3, please see Item NA.2. RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI (OR TO ITS LIMITED AGENCY AND INSTRUMENTALITY BAYFRONT PARK MANAGEMENT TRUST) TO ENTER INTO A BAYFRONT PARK USE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC. ("USER") FOR THE PRESENTATION OF AN ANNUAL ULTRA MUSIC FESTIVAL FOR A PERIOD OF (_) YEARS, WITH ONE (1) (_) YEAR OPTION TO RENEW, WITH AN ANNUAL TWO MILLION DOLLAR ($2,000,000.00) GUARANTEED MINIMUM PAYMENT TO THE CITY OF MIAMI, WITH THE TERMS AND CONDITIONS SET FORTH IN THE USE AGREEMENT; FURTHER AUTHORIZING THE BAYFRONT PARK EXECUTIVE DIRECTOR/CITY MANAGER, AS APPLICABLE, TO EXECUTE THE BAYFRONT PARK USE AGREEMENT WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BAYFRONT PARK MANAGEMENT TRUST. MOTION TO: Deny RESULT: ITEM WAS DENIED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Reeord: For directive refereneing Item PH. 3, please see Item NA.2. Citv ofMiami Page 10 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 PH.4 RESOLUTION 4509 TO BE INDEFINITELY DEFERRED City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE AYES: VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, ABSENT: APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, 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 CITY MANAGER TO EXECUTE THE HOST CITY AGREEMENT AND THE PARK USE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BY AND BETWEEN THE CITY OF MIAMI, THE BAYFRONT PARK MANAGEMENT TRUST, SOUTH FLORIDA RACING, LLC., AND FORMULA ONE WORLD CHAMPIONSHIP LIMITED, FOR A TEN (10) YEAR CONTRACT FOR THE RUNNING OF THE FORMULA 1 MIAMI GRAND PRIX STARTING IN OCTOBER OF 2018 WITH A FAN FESTIVAL AT BAYFRONT PARK AND COMMENCING WITH FORMULA ONE GRAND PRIX RACING FROM OCTOBER 2019 THROUGH OCTOBER 2029 WITH AN OPTION FOR A FURTHER TEN (10) YEAR EXTENSION AND WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo END OF PUBLIC HEARINGS Citv ofMiami Page 11 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 4493 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED, TITLED "LOCAL BUSINESS TAX AND AYES: MISCELLANEOUS BUSINESS REGULATIONS," SPECIFICALLY ABSENT: BY CREATING ARTICLE IV, TITLED "SHOPPING CARTS," REQUIRING THE MAINTENANCE OF A SYSTEM TO RETAIN SHOPPING CARTS WITHIN THE PREMISES OF COMMERCIAL ESTABLISHMENTS AND THE COLLECTION OF SHOPPING CARTS FOUND TO BE OFF PREMISES AND ON PUBLIC PROPERTY BY THE CITY OF MIAMI ("CITY'), MORE PARTICULARLY BY ESTABLISHING DEFINITIONS, PROVIDING FOR THE ADMINISTRATION OF THE PROGRAM AND ENFORCEMENT, METHODS OF COMPLIANCE, IDENTIFICATION MARKINGS ON CARTS, VIOLATIONS, UNCOLLECTED CARTS, EXEMPTIONS, REMOVAL, STORAGE, AND DISPOSAL OF CARTS FOUND ON PUBLIC PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13788 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Citv ofMiami Page 12 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 SR.2 ORDINANCE Second Reading 4588 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Off -Street Parking CHAPTER 35/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, "MOTOR SECONDER: FLORIDA, AS AMENDED, TITLED VEHICLES AND Board/Miami TRAFFIC/PARKING RATES," MORE PARTICULARLY BY Parking Authority AMENDING SECTIONS 35-191 THROUGH 35-196 TO UPDATE RATES AND FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissione AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item SR.2 was deferred to the October 11, 2018, Regular Commission Meeting. END OF SECOND READING ORDINANCES Citv ofMiami Page 13 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 3225 TO BE WITHDRAWN Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF AYES: MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED ABSENT: "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING NEW SECTION 62-647 OF THE CITY CODE, ENTITLED "UNDERLINE PUBLIC BENEFITS TRUST FUND; INTENT," SECTION 62-648 OR THE CITY CODE, ENTITLED "ESTABLISHED," AND SECTION 62-649 OF THE CITY CODE, ENTITLED "FINANCIAL REPORT," ESTABLISHING THE UNDERLINE PUBLIC BENEFITS TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo FR.2 ORDINANCE First Reading 4826 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 10, ARTICLE 5 OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, ENTITLED "CODE RELIEF PROGRAM," AYES: TO ALLOW FOR AN EXTENSION OF THE PROGRAM FOR ABSENT: LEGALIZATION OF EXISTING BUILDINGS; PROVIDING FOR DEFINITIONS; PROVIDING METHODS OF LEGALIZATION OF EXISTING BUILDINGS; ALLOWING FOR MITIGATION OF FINES DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Citv ofMiami Page 14 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 FR.3 ORDINANCE First Reading 4620 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY Resilience and OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") ENTITLED Public Works "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS ABSENT: DEPARTMENT"; FURTHER AMENDING CHAPTER 22.5/ARTICLE VI OF THE CITY CODE, ENTITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL"; FURTHER AMENDING CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CITY CODE, ENTITLED "STREETS AND SIDEWALKS/GENERAL/ PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, OR SIDEWALK OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES"; FURTHER AMENDING CHAPTER 54/ARTICLE II/SECTIONS 54-43 AND 54-56 OF THE CITY CODE, ENTITLED "CONSTRUCTION, EXCAVATION AND REPAIR/PERMIT FEE FOR STREET EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING OF PARKWAY OR SHOULDER AREA, BUILDING LINE AND GRADE SURVEY, SIDEWALK CONSTRUCTION SURVEY, DRIVEWAY CONSTRUCTION, FLUME EXCAVATION, UTILITY PLACEMENT; UNDERGROUND UTILITY SERVICE CONNECTION EXCAVATION, GROUNDWATER MONITORING WELLS; PERMIT RENEWAL; AFTER -THE -FACT PERMIT, AND REINSPECTION FEES; WAIVER OF FEES" AND "CONSTRUCTION, RECONSTRUCTION OR REPAIR OF STREET IMPROVEMENTS REQUIRED WHEN ADJACENT PROPERTY IS IMPROVED BY CONSTRUCTION OF $100,000.00 OR MORE IN VALUE OR EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA; RESTRICTION"; AND FURTHER AMENDING CHAPTER 62/ARTICLE VI OF THE CITY CODE, ENTITLED "ZONING AND PLANNING FEES," TO ADJUST CERTAIN FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, RIGHT-OF- WAY PERMITS, AND FOR THE PROCESSING AND REVIEW OF OTHER DOCUMENTS CONDUCTED BY THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Citv ofMiami Page 15 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 FRA ORDINANCE First Reading 4839 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: CHAPTER 10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY Commissioners Wifredo (Willy) Gort, Commissioner AYES: OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "IN GENERAL," and Mayor TO AMEND THE CODE AND PROVIDE FOR THE EXPEDITED END OF FIRST READING ORDINANCES OVERNIGHT REVIEW OF BUILDING PLANS BY THE BUILDING DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo END OF FIRST READING ORDINANCES Citv ofMiami Page 16 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 RE - RESOLUTIONS RE.1 RESOLUTION 4682 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF and Mayor THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE AYES: GRANT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FIVE ABSENT: THOUSAND DOLLARS ($5,000.00) TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR NOTRE DAME D'HAITI CATHOLIC CHURCH IN SUPPORT OF ITS BACK TO SCHOOL EVENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0414 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo RE.2 RESOLUTION 4683 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF Commissioners THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE and Mayor GRANT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FIVE ABSENT: THOUSAND DOLLARS ($5,000.00) TO BREAKTHROUGH MIAMI, INC. FOR ITS ACADEMIC ENRICHMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0415 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Citv ofMiami Page 17 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 RE.3 RESOLUTION 4553 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Midtown ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED Community BUDGET OF THE MIDTOWN COMMUNITY REDEVELOPMENT Redevelopment AGENCY ("CRA"), ATTACHED AND INCORPORATED AS EXHIBIT Agency "A", IN THE AMOUNT OF $6,628,202.00 FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018, AS APPROVED BY THE CRA'S BOARD OF COMMISSIONERS. =101/_TfaI IT, l:1ill kiill 01IT, 1-l:11:M:aiE-1111z'I MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Reyes ABSENT: Russell, Carollo REA RESOLUTION 4557 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ATTORNEY TO TAKE NO FURTHER ACTION AND TO and Mayor STAY THE SETTLEMENT AGREEMENT ENTERED INTO BETWEEN ALTERNATIVE PROGRAMS, INC., AND THE CITY OF MIAMI IN CIRCUIT COURT CASE NUMBER 2017 -012398 -CA -01 (32) FOR A PERIOD OF EIGHTEEN (18) MONTHS. :11Z/_TebIiv�I:1Ll11111Ll[11] M1-3:11:M:aU-11111I IN MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Citv ofMiami Page 18 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 RE.5 RESOLUTION 4200 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING AND ESTABLISHING A ONE (1) Resilience and YEAR PILOT PROGRAM FOR PARKLETS ("PILOT") TO BE Public Works ADMINISTERED BY THE CITY OF MIAMI ("CITY") DEPARTMENT NAYS: OF RESILIENCE AND PUBLIC WORKS ("DEPARTMENT"); ESTABLISHING CRITERIA FOR PERMITTED LOCATIONS, GENERAL PHYSICAL REQUIREMENTS, FABRICATION, AND CONSTRUCTION AND INSTALLATION STANDARDS; PROVIDING FOR AN APPLICATION FEE; ESTABLISHING A PROCESS FOR THE EVALUATION AND REVIEW OF APPLICATIONS; REQUIRING EXECUTION OF A PARKLET PERMIT AS A CONDITION PRECEDENT TO CONSTRUCTION, INSTALLATION, AND OPERATION OF A PARKLET; DELEGATING AUTHORITY FOR EXECUTION OF PARKLET PERMITS TO THE CITY MANAGER OR DESIGNEE; ESTABLISHING A MAXIMUM NUMBER OF FIVE (5) PARKLETS UNDER THE PILOT, SUBJECT TO THE AUTHORITY OF THE CITY MANAGER OR DESIGNEE FOR AUTHORIZATION OF AN ADDITIONAL FIVE (5) PARKLETS, UPON GOOD CAUSE SHOWN BY THE DEPARTMENT; ESTABLISHING SUCH OTHER TERMS AND CONDITIONS PURSUANT TO THE PARKLET REVOCABLE LICENSE AS DEEMED NECESSARY; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0427 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort NAYS: Carollo, Reyes Citv ofMiami Page 19 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 RE.6 RESOLUTION 2525 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S Estate and Asset RECOMMENDATION APPROVING THE FINDINGS OF THE Management SELECTION COMMITTEE THAT VIRGINIA KEY, LLC, NAYS: ("PROPOSER") IS THE TOP RANKED PROPOSER FOR Note for the Record. REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF Commission Meeting. MIAMI -OWNED WATERFRONT PROPERTY FOR Note for the Record. MARINAS/RESTAURANT/STORE USES LOCATED AT and NA. 7. APPROXIMATELY 3301, 3605, 3501, 3311, & 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("RFP"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL TO TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) INCREASED ANNUALLY BY THE GREATER OF 3% OR CPI ("BASE RENT"); TOTALING APPROXIMATELY TWO HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES; APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00) PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINA IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNTIL SAID FAVORABLE REFERENDUM HAS OCCURRED AND A CONTRACT IS ENTERED INTO, AS REQUIRED BY THE CITY CHARTER. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes NAYS: Hardemon Note for the Record. Item RE.6 was deferred to the December 13, 2018, Regular Commission Meeting. Note for the Record. For directives referencing Item RE.6, please see Items NA.6 and NA. 7. Citv ofMiami Page 20 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 RE.7 RESOLUTION 2526 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM Estate and Asset SPECIAL ELECTION ON FOR THE PURPOSES OF Management SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF NAYS: MIAMI ("CITY') FOR THEIR APPROVAL OR DISAPPROVAL OF Note for the Record. THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL Commission Meeting. THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 Note for the Record. ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR and NA. 7. A 45 -YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; 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; AUTHORIZING AND 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 PURSUANT TO APPLICABLE LAW. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes NAYS: Hardemon Note for the Record. Item RE. 7 was deferred to the December 13, 2018, Regular Commission Meeting. Note for the Record. For directives referencing Item RE. 7, please see Items NA.6 and NA. 7. Citv ofMiami Page 21 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 RE.8 RESOLUTION 4685 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BIDS RECEIVED MAY 23, 2018, PURSUANT TO INVITATION Innovation and FOR BID NO. 823382, FOR TELECOMMUNICATION WIRING, Technology WIRELESS RADIO AND ANTENNA INSTALLATION SERVICES ABSENT: FROM QUALITY WIRING, INC., THE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE INNOVATION AND TECHNOLOGY DEPARTMENT ("IT"), ON AN AS -NEEDED BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS FROM THE IT GENERAL FUND AND OTHER FUNDING SOURCES, 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 ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0428 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo RE.9 RESOLUTION 4834 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE COLLECTIVE BARGAINING Human Resources AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2020, AND THE MEMORANDUM OF UNDERSTANDING CONCERNING THE PENSION MULTIPLIER DATED AUGUST 9, 2018. ENACTMENT NUMBER: R-18-0413 Citv ofMiami Page 22 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes END OF RESOLUTIONS City of Miami Page 23 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 DI - DISCUSSION ITEM DIA DISCUSSION ITEM 4621 DISCUSSION ON THE STATUS OF HIRING POLICE OFFICERS. Department of Police MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record. Item DI.1 was deferred to the October 11, 2018, Regular Commission Meeting. END OF DISCUSSION ITEM City of Miami Page 24 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ.1 RESOLUTION 3402 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), CLOSING, VACATING, AND DISCONTINUING Planning FOR USE, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, A PORTION OF A PUBLIC STREET GENERALLY LOCATED AT THE SOUTHWEST CORNER OF NORTHWEST 10 AVENUE AND SPRING GARDEN ROAD, AND TWO (2) PLATTED WATER MAIN EASEMENTS IN PRIVATE PROPERTY WITHIN THE TENTATIVE PLAT OF SPRING GARDEN ESTATES PLAT #1896-A, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0424 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes PZ.2 RESOLUTION 4029 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE CLOSING, VACATING, Planning ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION OF A STREET OF APPROXIMATELY 0.185 ACRES (OR APPROXIMATELY 8,067 SQUARE FEET) AND MEDIAN AREA OF APPROXIMATELY 0.044 ACRES (OR APPROXIMATELY 1,939 SQUARE FEET) WITHIN THE LIMITS OF APPROVED SANDPIPER VILLAS TENTATIVE PLAT, NO. 1872-B, LOCATED BETWEEN SOUTH VENETIAN DRIVE AND BISCAYNE BAY, ON THE WEST SIDE OF SOUTH VENETIAN COURT, ON BISCAYNE ISLAND, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0425 Citv ofMiami Page 25 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes PZ.3 ORDINANCE First Reading 4414 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI AYES: COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION Note for the Record. Item PZ.3 was continued to the October 25, 2018, Planning 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.3 was continued to the October 25, 2018, Planning and Zoning Commission Meeting. Citv ofMiami Page 26 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZA ORDINANCE First Reading 4415 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM 73-0," SUB -URBAN TRANSECT ZONE - OPEN, TO 74-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.4 was continued to the October 25, 2018, Planning and Zoning Commission Meeting. PZ.5 ORDINANCE First Reading 4233 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Department of AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 3710 NORTHWEST 13 AVENUE AND 1329 NORTHWEST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.5 was continued to the October 25, 2018, Planning and Zoning Commission Meeting. Citv ofMiami Page 27 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.6 ORDINANCE First Reading 4412 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING "73-0," "74-R," AYES: CLASSIFICATION FROM SUB -URBAN - OPEN, TO ABSENT: GENERAL URBAN - RESTRICTED, FOR THE PROPERTIES Note for the Record. Item PZ.6 was continued to the October 25, 2018, Planning LOCATED AT APPROXIMATELY 3710 NORTHWEST 13 AVENUE AND 1329 NORTHWEST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE COVENANTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.6 was continued to the October 25, 2018, Planning and Zoning Commission Meeting. PZ.7 RESOLUTION 4540 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE CLOSURE, VACATION, Planning ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE A AYES: STREET LOCATED AT NORTHEAST 14 TERRACE BETWEEN ABSENT: BISCAYNE BOULEVARD AND NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AN INCORPORATED, PURSUANT TO SECTION 55- 15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0426 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Citv ofMiami Page 28 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.8 ORDINANCE First Reading 4664 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A SECOND AMENDMENT TO THE Planning AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN AYES: SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER NAYS: 163, FLORIDA STATUES, BETWEEN FLAGLER HOLDING GROUP, ABSENT: INC., MONTE CARLO ASSOCIATES (DEL.) LLC, HALF -CIRCLE PROPERTY (DEL.) LLC, NORWEGIAN WOOD ACQUISITIONS, LLC, LOVELY RITA ACQUISITIONS, LLC, OAK PLAZA ASSOCIATES (DEL.) LLC, BEN NEWTON LLC, SWEET VIRGINIA ACQUISITIONS, LLC, DACRA DESIGN MOORE (DEL.) LLC, FCAA, LLC, DACRA DESIGN 4141 LLC, PENNY LANE ACQUISITIONS, LLC, UPTOWN GIRL DEVELOPMENT, LLC, SUN KING, LLC, MDDA MORNING DEW, LLC, TINY DANCER ACQUISITIONS, LLC, AND THE CITY OF MIAMI ("CITY") REGARDING THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("MDDRS SAP") FOR THE PURPOSE OF RELEASING FLAGLER HOLDING GROUP, INC. ("FLAGLER") FROM THE MDDRS SAP DEVELOPMENT AGREEMENT AND REMOVING THE PROPERTY LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED WITH THE INTENTION THAT FLAGLER WILL ENTER INTO A NEW DEVELOPMENT AGREEMENT WITH THE CITY THAT IS SUBSTANTIALLY SIMILAR IN NATURE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes NAYS: Hardemon ABSENT: Carollo Citv ofMiami Page 29 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 PZ.9 ORDINANCE First Reading 4665 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, IN Planning SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLAGLER HOLDING GROUP, INC., A FLORIDA PROFIT CORPORATION, AND THE CITY OF MIAMI ("CITY"), RELATED TO THE PROPERTY LOCATED AT APPROXIMATELY 4218 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, ASSOCIATED WITH THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA" ("MDDRS SAP") FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE, AND ANY OTHER USES AUTHORIZED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND THE CITY'S ZONING DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes NAYS: Hardemon ABSENT: Carollo Citv ofMiami Page 30 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 PZ.10 ORDINANCE First Reading 4541 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI AYES: COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.10 was deferred to the December 13, 2018, Planning and Zoning Commission Meeting. PZ.11 ORDINANCE First Reading 4545 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 75-R," URBAN CENTER -RESTRICTED, TO 76-8-0," URBAN CORE—OPEN, FOR APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.11 was deferred to the December 13, 2018, Planning and Zoning Commission Meeting. Citv ofMiami Page 31 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.12 ORDINANCE First Reading 4667 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI AYES: COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO AN ABSENT: EXPEDITED STATE REVIEW PROCESS PURSUANT TO SECTION 163.3184, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 240, 270, 352, 372, 382, 301, 320, 250, 262, 365, 298, 300, 310, 340, 371, 353, AND 288 NORTHEAST 61 STREET; 401, 300, AND 415 NORTHEAST 62 STREET; 334, 350, AND 370 NORTHEAST 60 STREET; AND 6300, 6380, 6301, 6350, 5972, 5974, AND 5952 NORTHEAST 4 AVENUE, MIAMI, FLORIDA, AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN FOR A PORTION OF THE REAL PROPERTY AT 6001 NORTHEAST 2 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissh SECONDER: Manolo Reyes, Vice Chair AYES: Hardemon, Gort, Reyes, Carollo ABSENT: Russell Note for the Record. Item PZ. 12 was deferred to the November 15, 2018, Planning and Zoning Commission Meeting. Citv ofMiami Page 32 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 PZ.13 ORDINANCE First Reading 4668 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 17.75 ACRES (773,190 SQUARE FEET) FOR THE "MAGIC CITY SPECIAL AREA PLAN" ("SAP"), AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4 COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST 61 STREET, AND 200, 300, 401, AND 415 NORTHEAST 62 STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; THE SAP CONSISTS OF A PHASED PROJECT WHICH INCLUDES A MAXIMUM OF APPROXIMATELY 2,662 RESIDENTIAL DWELLING UNITS AND 8,164,140 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT RATIO ("FLR") OF WHICH 370,000 SQUARE FEET OF FLR MAY ONLY BE USED FOR PARKING; THE SAP SHALL CONTAIN A MINIMUM OF 165,528 SQUARE FEET OF PUBLIC OPEN SPACE; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Vice Chair AYES: Hardemon, Gort, Reyes, Carollo ABSENT: Russell Note for the Record. Item PZ. 13 was deferred to the November 15, 2018, Planning and Zoning Commission Meeting. Citv ofMiami Page 33 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.14 ORDINANCE First Reading 4716 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MCD MIAMI, LLC, MAGIC CITY PROPERTIES I, LLC, MAGIC CITY PROPERTIES II, LLC, MAGIC CITY PROPERTIES III, LLC, MAGIC CITY PROPERTIES IV, LLC, MAGIC CITY PROPERTIES V, LLC, MAGIC CITY PROPERTIES VI, LLC, MAGIC CITY PROPERTIES VII, LLC, MAGIC CITY PROPERTIES VIII,LLC, MAGIC CITY PROPERTIES IX, LLC, MAGIC CITY PROPERTIES X, LLC, MAGIC CITY PROPERTIES XI, LLC, MAGIC CITY PROPERTIES XIV, LLC, MAGIC CITY PROPERTIES XV, LLC, MAGIC CITY PROPERTIES XVI, LLC, MAGIC CITY PROPERTIES XVII, LLC, MAGIC CITY PROPERTIES XVIII, LLC, MAGIC CITY PROPERTIES XIX, LLC, MAGIC CITY PROPERTIES XX, LLC, MAGIC CITY PROPERTIES XXI, LLC, MAGIC CITY PROPERTIES XXII, LLC, MAGIC CITY PROPERTIES XXIII, LLC, MAGIC CITY PROPERTIES XXIV, LLC, MAGIC CITY PROPERTIES XXV, LLC, DRAGON GLOBAL MIAMI REAL ESTATE INVESTMENTS, LLC, LEMON CITY GROUP, LLC AND IMPERIAL CAPITAL GROUP, LLC AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 17.75 ± ACRES FOR THE MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN ("MAGIC CITY SAP"), COMPRISED OF AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4 COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST 61 STREET, 200, 300, 401, AND 415 NORTHEAST 62 STREET MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE AND ANY OTHER USES AUTHORIZED BY THE MAGIC CITY SAP, AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") DESIGNATION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Citv ofMiami Page 34 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissh SECONDER: Manolo Reyes, Vice Chair AYES: Hardemon, Gort, Reyes, Carollo ABSENT: Russell Note for the Record. Item PZ. 14 was deferred to the November 15, 2018, Planning and Zoning Commission Meeting. PZ.15 RESOLUTION 4659 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning ANDREW RASKEN ("APPELLANT") AND AYES: REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI ABSENT: HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3295/3297 CHARLES AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210075130. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.15 was deferred to the October 11, 2018, Regular Commission Meeting. Citv ofMiami Page 35 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.16 RESOLUTION 4657 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning MARIA CRISTINA LONGO ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3616 THOMAS AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210075650. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.16 was deferred to the October 11, 2018, Regular Commission Meeting. PZ.17 RESOLUTION 4658 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Department of ALICIA KOSSICK ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3536 WILLIAM AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210076140. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.17 was deferred to the October 11, 2018, Regular Commission Meeting. Citv ofMiami Page 36 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.18 RESOLUTION 4643 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning ALEXANDRE JEAN -BERNARD DIEDERICH AND FRANCESCA MAE AYES: MIRES DIEDERICH ("APPELLANTS") AND ABSENT: REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI Note for the Record. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S Commission Meeting. APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3475/3477 HIBISCUS STREET, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210074740. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissi SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.18 was deferred to the October 11, 2018, Regular Commission Meeting. PZ.19 RESOLUTION 4644 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning ALEXANDRE JEAN -BERNARD DIEDERICH, FRANCESCA MAE AYES: MIRES DIEDERICH, GINETTE DREYFUSS AND BERNARD ABSENT: DIEDERICH ("APPELLANTS") AND Note for the Record. REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI Commission Meeting. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3758/3760 FROW AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141200060490. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.19 was deferred to the October 11, 2018, Regular Commission Meeting. Citv ofMiami Page 37 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.20 RESOLUTION 4645 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning CASPIAN DEVELOPMENT, LCC ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3418 CHARLES AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210075260. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.20 was deferred to the October 11, 2018, Regular Commission Meeting. PZ.21 RESOLUTION 4660 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Department of 3508 HIBISCUS, LLC ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3508 HIBISCUS STREET, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210076120. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.21 was deferred to the October 11, 2018, Regular Commission Meeting. Citv ofMiami Page 38 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.22 RESOLUTION 4661 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning MICHAEL MARCH ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3541/3543 PLAZA STREET AND 3586/3588 CHARLES AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210076360. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.22 was deferred to the October 11, 2018, Regular Commission Meeting. PZ.23 RESOLUTION 4640 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Department of ANTOINETTE SIMMONS ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3587 HIBISCUS STREET, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210077050. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.23 was deferred to the October 11, 2018, Regular Commission Meeting. Citv ofMiami Page 39 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.24 RESOLUTION 4662 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Department of TELICA HENRY-MCQUEEN AND ELESTER ANDERSON AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3671 WILLIAM AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210075760. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.24 was deferred to the October 11, 2018, Regular Commission Meeting. PZ.25 RESOLUTION 4641 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Department of STIRRUP PROPERTIES, INC. ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 3673 WILLIAM AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210075750. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.25 was deferred to the October 11, 2018, Regular Commission Meeting. Citv ofMiami Page 40 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.26 RESOLUTION 4642 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning STIRRUP PROPERTIES, INC. ("APPELLANT") AND AYES: REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI ABSENT: HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S Note for the Record. APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE Commission Meeting. CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3644 FROW AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210072410. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.26 was deferred to the October 11, 2018, Regular Commission Meeting. CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL PZ.27 RESOLUTION 4639 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Department of 3837 THOMAS LLC ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 3837 THOMAS AVENUE AND 3841 THOMAS AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141200070680. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.27 was deferred to the October 11, 2018, Regular Commission Meeting. Citv ofMiami Page 41 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.28 RESOLUTION 4638 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning HERNAN GUERRERO APPLEWHITE ("APPELLANT") AND AYES: REVERSING/AFFIRMING/ OR MODIFYING THE DECISION OF THE ABSENT: MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S Note for the Record. APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE Commission Meeting. CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3637 OAK AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141210070950. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.28 was deferred to the October 11, 2018, Regular Commission Meeting. CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL PZ.29 RESOLUTION 4637 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY NE Department of APARTMENTS ASSOCIATES, INC. ("APPELLANT") AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY 3859 WASHINGTON AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 0141200070210. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ.29 was deferred to the October 11, 2018, Regular Commission Meeting. Citv ofMiami Page 42 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.30 ORDINANCE First Reading 2773 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, "DEFINITIONS SECTION 1.2, TITLED OF TERMS", AMENDING ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT SETBACKS", AND ADDING DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, TITLED "WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes PZ.31 ORDINANCE First Reading 3109 TO BE WITHDRAWN Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 ENTITLED "DEFINITIONS OF TERMS," ARTICLE 3, SECTION 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS," ARTICLE 3, SECTION 3.14, ENTITLED "PUBLIC BENEFITS PROGRAM," ARTICLE 4, TABLE 4, ENTITLED "DENSITY, INTENSITY, AND PARKING," AND ARTICLE 4, TABLE 7, ENTITLED "CIVIC SPACE TYPES," TO PROVIDE FOR FUTURE OPPORTUNITIES FOR ENHANCEMENTS TO THE UNDERLINE CORRIDOR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Citv ofMiami Page 43 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 PZ.32 ORDINANCE 3001 TO BE DEFERRED Department of First Reading Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD -2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD -3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record. Item PZ. 32 was continued to the October 25, 2018, Planning and Zoning Commission Meeting. PZ.33 ORDINANCE First Reading 4204 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Department of OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY Planning AMENDING APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS ("NRD"), SECTION 3.1 ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS" AND SECTION 5.1 ENTITLED "URBAN CENTER TRANSECT ZONE," MODIFYING STANDARDS FOR SMALL-SCALE COMMERCIAL BUILDINGS AND APPLICABLE PARKING RELAXATIONS WITHIN THE NRD-1 BOUNDARIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort NAYS: Carollo, Reyes Citv ofMiami Page 44 Printed on 1010512018 City Commission Marked Agenda September 27, 2018 PZ.34 ORDINANCE Second Reading 4722 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY "DEFINITIONS AYES: AMENDING ARTICLE 1, SECTION 1.1., TITLED OF NAYS: BUILDING FUNCTION: USES' AND BY AMENDING ARTICLE 6, SECTION 6.1, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS', TO PROVIDE FOR A DEFINITION OF GAMBLING FACILITIES AND TO REQUIRE THAT GAMBLING USES, INCLUDING BUT NOT LIMITED TO PARI-MUTUEL GAMBLING, CARD ROOMS, AND SLOT MACHINE USES, BE APPROVED PURSUANT TO AN EXCEPTION WITH CITY COMMISSION APPROVAL BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE; PROVIDING FOR ZONING IN PROGRESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. :11►1_«IIT, l=1hkiill 01IT, IIA =1:i B14:7i MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Reyes, Carollo NAYS: Hardemon END OF PLANNING AND ZONING ITEM(S) Citv ofMiami Page 45 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 NA - NON -AGENDA ITEM(S) NAA DIRECTIVE !�I�1~ �71:7xK�[�7�� �'(K�7JIt•I��y[�7�1�:�:7=19��ri��a=[y��'1 Office of the City MANAGER TO REQUEST THE AUDITS OF THE HOMELESS Cierk TRUST FROM MIAMI-DADE COUNTY. RESULT: DISCUSSED NA.2 DIRECTIVE 4911 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY Office of the City ATTORNEY TO PLACE AN ORDINANCE ON THE OCTOBER 11, Cierk 2018 CITY COMMISSION AGENDA AMENDING CHAPTER 38/ARTICLE III/SECTION 113 OF THE CODE OF THE CITY OF MIAMI, TO INCREASE THE RESERVATION OF PARK USE FOR THE COMMUNITY TO EIGHTY-FIVE (85) PERCENT AND TO REMOVE THE RESERVATION OF EXCLUSIVE USE BY THE BAYFRONT PARK TRUST. IRESULT: DISCUSSED NA.3 RESOLUTION 4914 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City CONDEMNING CHEF NUSRET GOKQE'S INSENSITIVITY TO THE Cierk SUFFERING OF THE PEOPLE OF CUBA AND VENEZUELA; FURTHER AFFIRMING THAT THE CITY OF MIAMI ("CITY") STANDS TOGETHER WITH THE PEOPLE OF CUBA, VENEZUELA, AND THE LARGER COMMUNITY OF IMMIGRANTS WHO ARE RIGHTFULLY DENOUNCING GOKQE'S SUPPORT FOR AUTHORITARIAN REGIMES; DECLARING THAT THE NEITHER THE CITY NOR ANY OF ITS AGENCIES, TRUSTS, OR BOARDS WILL SPEND ANY OFFICIAL CITY FUNDS AT ANY OF GOKQE'S RESTAURANTS. ENACTMENT NUMBER: R-18-0421 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Citv ofMiami Page 46 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 NAA RESOLUTION 4918 AN EMERGENCY RESOLUTION OF THE MIAMI CITY Office of the City COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY Cierk MANAGER TO WORK WITH THE CITY MAYOR, THE CITY Mayor POLICE DEPARTMENT AND ANY AND ALL APPROPRIATE CITY, COUNTY, STATE, AND FEDERAL OFFICIALS AND AGENCIES TO TAKE ALL NECESSARY ACTIONS, INCLUDING EFFECTUATING A TEMPORARY STREET CLOSURE SUBJECT TO COUNTY, STATE, AND FEDERAL REGULATIONS FOR THOSE PORTIONS OF PUBLIC STREETS GENERALLY LOCATED ALONG NORTHWEST 1ST AVENUE, NORTHWEST 1ST COURT, NORTHWEST 1ST PLACE, NORTHWEST 2ND AVENUE, AND NORTHWEST 13TH STREET, MIAMI, FLORIDA, UNDER THE DOLPHIN EXPRESSWAY, AS SHOWN ON THE ATTACHED EXHIBIT "A," TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0431 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes NA.5 RESOLUTION 4889 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COLLABORATE WITH THE CITY OF Commissioners and MIAMI BEACH, THE VILLAGE OF KEY BISCAYNE, AND MIAMI- Mayor DADE COUNTY ON VARIOUS METHODS TO ADDRESS WATER QUALITY ISSUES IN BISCAYNE BAY INCLUDING, BUT NOT LIMITED TO, WATER QUALITY TESTING, IDENTIFICATION OF CONTAMINANTS, AND IDENTIFICATION OF POTENTIAL CONTAMINATION SOURCES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A MEMORANDUM OF UNDERSTANDING RELATED TO THE SAME, SUBJECT TO CITY COMMISSION APPROVAL. ENACTMENT NUMBER: R-18-0429 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Citv ofMiami Page 47 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 NA.6 RESOLUTION 4921 A RESOLUTION OF THE MIAMI CITY COMMISSION STAYING MOVER: THE NOTICE TO VACATE SENT TO RICKENBACKER MARINA, Office of the City Manolo Reyes, Commissioner AYES: INC. DATED SEPTEMBER 14, 2018 UNTIL DECEMBER 13,2018; Cierk FURTHER DEFERRING CITY COMMISSION AGENDA ITEMS RE.6 AND RE.7 FROM THE SEPTEMBER 27, 2018 CITY COMMISSION MEETING UNTIL THE DECEMBER 13, 2018 CITY COMMISSION MEETING. ENACTMENT NUMBER: R-18-0430 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes NAYS: Hardemon NA.7 DIRECTIVE 4925 DIRECTION BY COMMISSIONER REYES TO THE INDEPENDENT Office of the City AUDITOR GENERAL TO CONDUCT A FORMAL AUDIT OF ALL Clerk CITY MANAGED MARINAS. RESULT: DISCUSSED Citv ofMiami Page 48 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 NA.8 ATTORNEY-CLIENT SESSION 4926 UNDER THE PARAMETERS OF §286.011(8), F.S. A PRIVATE Office of the City ATTORNEY-CLIENT SESSION WILL BE CONDUCTED AT THE Cierk OCTOBER 11, 2018 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF MIAMI ASSOCIATION OF FIRE FIGHTERS, LOCAL 587, OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OF MIAMI, FLORIDA V. CITY OF MIAMI, CASE NO. BP -2018-001 (RELATES TO CR -2018-001 AND CA -2010-124), PENDING BEFORE THE STATE OF FLORIDA, PUBLIC EMPLOYEES RELATIONS COMMISSION, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY ATTORNEYS STEPHANIE K. PANOFF AND BARBARA DIAZ; LUKE SAVAGE, ESQ.; AND MICHAEL MATTIMORE, ESQ. 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. RESULT: DISCUSSED Citv ofMiami Page 49 Printed on 10/05/2018 City Commission Marked Agenda September 27, 2018 NA.9 ATTORNEY-CLIENT SESSION 4927 UNDER THE PARAMETERS OF §286.011(8), F.S. A PRIVATE Office of the City ATTORNEY-CLIENT SESSION WILL BE CONDUCTED AT THE Cierk OCTOBER 11, 2018 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. V. CITY OF MIAMI, CASE NO. BP -2017- 013 (CR -2017-001), TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; ASSISTANT CITY ATTORNEYS STEPHANIE K. PANOFF AND BARBARA DIAZ; LUKE SAVAGE, ESQ.; AND MICHAEL MATTIMORE, ESQ. 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. FRESULT: DISCUSSED 091111110111111N►I►viIA►kI The meeting adjourned at 7: 46 p.m. Citv ofMiami Page 50 Printed on 10/05/2018