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HomeMy WebLinkAboutCC 2011-02-24 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, February 24, 2011 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.2 may be heard in the number sequence or as announced by the Commission SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS City of Miami Page 1 Printed on 3,7/2011 City Commission Marked Agenda February 24, 2011 D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Prinked on 3/7/2011 City Commission Marked Agenda February 24, 2011 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00157 PRESENTATION Honoree Homage to African Americans 11-00157 Protocol.pdf PRESENTED Presenter Mayor Regalado and Commissioner Dunn Protocol Item Tributes of Honor 1. Commissioner Dunn celebrated Black History Month by bestowing a special tribute to Ms. Nancy S. Dawkins, honoring her dedicated service, goodwill, and commitment to excellence as an outstanding education professional, political activist, and respected public servant, who serves as a model of genuine leadership in the development of the spirit of community in the City of Miami. 2. Commissioner Dunn celebrated Black History Month by bestowing a special tribute to Chief Clarence Dickson, honoring his outstanding service, goodwill, and commitment to excellence as an Air Force Veteran of the Korean War and career Peace Officer for the City, in addition to being a respected public servant, who serves as a model of genuine leadership in the development of the spirit of community in the City of Miami. 3. Commissioner Dunn celebrated Black History Month by bestowing a special tribute to Ms. Thelma Verne!! Anderson Gibson, honoring her dedicated service, goodwill, and commitment to excellence as an outstanding nursing professional, respected philanthropist and humanitarian, who serves as a model of genuine leadership in the development of the spirit of community in the City of Miami. 4. Commissioner Dunn celebrated Black History Month by bestowing a special tribute to Mr. Ralph A Pressley, Sr., honoring his exceptional service, goodwill, and commitment to excellence as an outstanding entrepreneur, proprietor of the original Esquire Barber Shop, and respected Christian, who serves as a model of genuine leadership in the development of the spirit of community in the City of Miami. 5. Commissioner Dunn celebrated Black History Month by bestowing a special tribute to Ivan Yaeger, honoring his exceptional service, goodwill, and commitment to excellence as Chief Executive Officer of The Yaeger Companies, specializing in product development, educational programs and engineering innovations, including the Technology Leaders Initiative for young inventors and entrepreneurs, and saluted his success as one of America's top industrial designers, while serving as a model of genuine leadership in the development of the spirit of community in the City of Miami. 6. Commissioner Dunn celebrated Black History Month by bestowing a special tribute to the Honorable Betty Jean Tucker Ferguson, honoring her outstanding service, goodwill, and commitment to excellence as a fearless fighter for justice, and catalyst for the creation of the City of Miami Gardens, and founder of the Unrepresented People's Positive Action Council (UP -PAC), a community breakfast forum described as one of South Florida's most effective venues for the exchange of ideas, a gathering that has met each Saturday since 1987. 7. Commissioner Dunn celebrated Black History Month by bestowing a special tribute to the Honorable Carrie P. Meek, honoring her outstanding service, goodwill, and commitment to excellence as an educator, legislator, and Congresswoman who set impeccable leadership standards in a lifelong commitment to improving quality of life for Florida's citizens and its future generations. 8. Commissioner Suarez paid tribute to Victoria Mendez, Esq. for her leadership as Supervising Assistant City Attorney for the Quality of Life and Environmental Division of City of Miami Page 3 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 the Office of the City Attorney of the City of Miami, in addition to her position as President-elect of the 37 year -old Cuban American Bar Association (CABA), honoring her steadfast commitment to South Florida and her resolute concern with giving of herself to develop outstanding leadership in the legal community. 9. Chair Gort presented Certificates of Appreciation to: Jessenia Garcia, Jordana Zarut, Dan Gatzitua, Marylin Santos, Nancy Dorta, Celso Ahumanda, Jorge Pacheco, Jose Arana, Santiago Hernandez, Robert Pimantel, Upper Kutz, Rocky Coello, Octavio Marrero, Edwin De Jesus, Lidia De Jesus, The Nursing Station, Fashion Designers Expo., and Make up By Melissa; thanking them for their efforts in creating a private -public sector event in which volunteers collected funds and materials to host a Back -to -School event in which 600 book bags were given out to students containing school supplies, in addition to providing other services such as free haircuts to those in attendance. 10). Chair Gort presented a Commendation to Ileana Hernandez -Acosta in recognition of her distinguished tenure on the City of Miami Zoning Board, honoring her outstanding service of fourteen years as a board member, seven of which involved serving as Chair from 2001 to 2008, and commended her integrity and commitment while acting as a "watchdog" for the just and consistent application of the Planning and Zoning Rules and Regulations of the City of Miami. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE MAYORAL VETOES Present: Chairman Gort, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II Absent: Commissioner Sarnoff On the 24th day of February 2011, 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 meeting was called to order by Chair Gort at 9:28 a.m., recessed at 12:01 p.m., reconvened at 12:20 p.m., recessed at 1:06 p.m., reconvened at 5:21 p.m., and recessed the meeting at 9:20 p.m. to be continued to Tuesday, March 2, 2011, at 8:00 a.m. Note for the record: Vice Chair Carollo entered the chambers at 9:34 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 2nd day of March 2011, the City Commission of the City of Miami, Florida, continued its meeting from February 24, 2011, at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was resumed by Chair Gort at 8:32 a.m., recessed at 9:18 a.m., reconvened at 10:37 a.m., and adjourned at 11:14 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk City of Miami Page 4 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETING: Regular Meeting of January 27, 2011 MOVED: Richard Dunn II SECONDED: Francis Suarez Motion to APPROVED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff END OF APPROVING MINUTES ORDER OF THE DAY City of Miami Page 5 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 CA.1 RESOLUTION 11-00074 Department of Public Facilities CA.2 11-00075 Department of Police CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI OUTBOARD CLUB, INC., A NON-PROFIT FLORIDA CORPORATION ("LESSEE"), FOR USE OF A PORTION OF CITY -OWNED PROPERTY ON WATSON ISLAND, TO MODIFY THE LEGAL DESCRIPTION OF THE LESSEE, TO INCLUDE ADDITIONAL BAY BOTTOM LANDS AND WET SLIP DOCK FACILITIES IN THE LEASED PROPERTY. 11-00074 Summary Form.pdf 11-00074 Legislation.pdf 11-00074 Exhibit 1.pdf R-11-0064 MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO INTERLOCAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE PROVISION OF POLICE ROVING PATROL SERVICES WITHIN THE NATOMA MANORS SPECIAL TAXING DISTRICT, BAY HEIGHTS SPECIAL TAXING DISTRICT, MORNINGSIDE SPECIAL TAXING DISTRICT, FAIRHAVEN SPECIAL TAXING DISTRICT AND BRICKELL FLAGLER SPECIAL TAXING DISTRICT; FURTHER AUTHORIZING THE CITY MANAGER TO RENEW SAID AGREEMENTS FOR SUCCESSIVE TWO (2) YEAR PERIODS AND TO ACCEPT PAYMENT FOR POLICE SERVICES PROVIDED AT CURRENT OFF -DUTY POLICE OFFICER RATES AND ADMINISTRATIVE FEES. 11-00075 Summary Form.pdf 11-00075 Legislation.pdf 11-00075 Exhibit 1.pdf R-11-0063 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda City of Miami Page 6 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 SR.1 10-01296 Office of Strategic Planning, Budgeting, and Performance FR.1 11-00112 District 2- Commissioner Marc David Sarnoff MOVED: SECONDED: AYES: ABSENT: Francis Suarez Frank Carollo Commissioner(s) Gort, Carollo and Suarez Commissioner(s) Sarnoff and Dunn II END OF CONSENT AGENDA ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 10-0528, ADOPTED NOVEMBER 18, 2010, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01296 Summary Form.pdf 10-01296 Legislation.pdf 10-01296 FR Summary Form 12-16-10.pdf 10-01296 Pre -Legislation 12-16-10.pdf 10-01296 Table of Organization 12-16-10.pdf 10-01296 Table of Organization-02-24-11.pdf 10-01296 Legislation (Version 2) 12-16-10.pdf MOVED: Francis Suarez SECONDED: Richard Dunn II Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff Note for the record: Item SR.1 was deferred to the Commission meeting scheduled for March 10, 2011. END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/CONVENIENCE STORE SECURITY," MORE PARTICULARLY BY REPEALING SECTIONS 31-76 THROUGH 31-78 AND REPLACING WITH NEW LANGUAGE THAT IS CONSISTENT WITH APPLICABLE FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 7 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 FR.2 11-00077 Department of Finance FR.3 11-00107 Department of Public Facilities 11-00112 Florida Statutes 2010 Chapter 812 FR/SR.pdf 11-00112 Legislation FR/SR.pdf MOVED: SECONDED: Frank Carollo Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING FACILITIES SURCHARGE," MORE PARTICULARLY BY AMENDING SECTIONS 35-346 AND 347 TO CLARIFY EXISTING LANGUAGE RELATING TO THE COLLECTION OF PARKING FACILITIES SURCHARGE AND PENALTIES AND ADDING A PROVISION FOR REPEAT OPERATOR VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00077 Summary Form FR/SR.pdf 11-00077 Legislation.pdf 11-00077 Legislation SR (Version 2) 03-10-11.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "STADIUM AND CONVENTION CENTERS/CITY STADIUMS/MARINE STADIUM" TO ADJUST FEES RELATED TO THE USE OF THE PARKING LOT AT MARINE STADIUM, MORE PARTICULARLY BY AMENDING SECTION 53-53 (B)(1)(C) OF THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00107 Summary Form.pdf 11-00107 Legislation.pdf 11-00107-Submittal-Letter-Donald Worth.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. City of Miami Page 8 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez FR.4 ORDINANCE First Reading 11-00144 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF Department of THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC Building and Zoning BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO REVISE THE BOUNDARIES AND LEGAL DESCRIPTION OF THE WYNWOOD CAFE DISTRICT AS DEPICTED IN ATTACHMENT "A", AND REMOVING REFERENCE TO ATTACHMENT "B"; CONTAINING A SEVERABI LI TY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RE.1 11-00076 Department of Purchasing SPONSOR: COMMISSIONER DUNN 11-00144 Summary Form FR/SR.pdf 11-00144 Legislation FR/SR.pdf 11-00144 Exhibit.pdf 11-00144 Exhibit SR 03-10-11.pdf MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF MEDIUM AND HEAVY TRUCKS, FROM VARIOUS VENDORS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING STATE OF FLORIDA CONTRACT NO. 070-700-11-1, EFFECTIVE THROUGH SEPTEMBER 30, 2013, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00076 Summary Form.pdf 11-00076 Certification of Contract.pdf 11-00076 Legislation.pdf City of Miami Page 9 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 RE.2 11-00078 Miami Sports & Exhibition Authority MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, APPROVING THE APPOINTMENT OF THE MIAMI CITY ATTORNEY, AS GENERAL COUNSEL OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. 11-00078 Memos.pdf 11-00078 Legislation.pdf 11-00078 Exhibit 1.pdf R-11-0067 MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff RE.3 RESOLUTION 11-00079 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Department of GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, Capital WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, Improvements FOR STORMWATER OUTFALL IMPROVEMENTS LOCATED ON 1094 Program NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FOR THE NORTH SPRING GARDEN GREENWAY PROJECT, B-40643A; GRANTING THE CITY OF MIAMI A NON-EXCLUSIVE STORMWATER DRAINAGE EASEMENT ON THE PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONSTRUCT, INSTALL, OPERATE AND INSPECT STORMWATER DRAINAGE FACILITIES AND ALL APPURTENANCES THERETO, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE APPURTENANCES WITHIN SAID EASEMENT. 11-00079 Summary Form.pdf 11-00079 Legislation.pdf 11-00079 Exhibit 1.pdf R-11-0068 MOVED: Richard Dunn II City of Miami Page 10 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff RE.4 RESOLUTION 11-00080 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Department of SERVICES AGREEMENT ("PSA") WITH METRIC ENGINEERING, INC., Capital FOR ADDITIONAL CONSTRUCTION ENGINEERING AND OBSERVATION Improvements SERVICES, FOR THE NEW SEGMENT B2 OF THE NORTHEAST 2ND Program AVENUE IMPROVEMENTS PROJECT, B-78508C, IN THE AMOUNT OF $194,916.29,THEREBY INCREASING THE PSA FROM $548,894.40 TO AN AMOUNT NOT TO EXCEED $743,810.69; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-78508; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00080 Summary Form.pdf 11-00080 Pre- Legislation 1.pdf 11-00080 Pre- Legislation 2.pdf 11-00080Addendum No. 1.pdf 11-00080Addendum No. 2.pdf 11-00080Addendum No. 3.pdf 11-00080 Legislation.pdf 11-00080 Exhibit 1.pdf R-11-0069 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff RE.5 RESOLUTION 11-00081 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE FINDINGS OF THE CITY OF MIAMI Department of ("CITY") PHASE I STORMWATER MANAGEMENT MASTER PLAN, DATED Capital JANUARY20, 2011, PREPARED BYADAENGINEERING, INC, ALLOWING Improvements THE CITY TO IMPROVE ON ITS NATIONAL INSURANCE FLOOD Program PROGRAM -COMMUNITY RATING SYSTEM WHICH ENABLES CITY RESIDENTS TO RECEIVE DISCOUNTS ON FLOOD INSURANCE PREMIUM RATES; RECOMMENDING APPROVAL OF THE FINDINGS, MEASURES AND LOCATIONS CONTAINED THEREIN. 11-00081 Summary Form.pdf 11-00081 Legislation.pdf 11-00081 Exhibit 1.pdf City of Miami Page 11 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 R-11-0070 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff Direction by Commissioner Dunn to the Administration for the community to be informed of a reduction in their flood insurance premiums once this plan is adopted by the Miami City Commission and recognized by the Federal Emergency Management Agency (FEMA). RE.6 RESOLUTION 11-00084 Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 11-0038, ADOPTED JANUARY 27, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00064 Summary Form.pdf 11-00084 Legislation.pdf 11-00084 Exhibit.pdf MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff RE.7 RESOLUTION 10-01353 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY Department of MANAGER APPROVING THE FINDINGS OF THE EVALUATION Finance COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 245238, THAT THE TOP -RANKED FIRMS TO PROVIDE FINANCIAL ADVISORY SERVICES, FOR THE DEPARTMENT OF FINANCE, ARE THE PFM GROUP AND FIRSTSOUTHWEST, RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS ("PSA") WITH SAID FIRMS, RESPECTIVELY, IN ACCORDANCE WITH THE ATTACHED TERM SHEETS AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, IN A TOTAL AMOUNT NOT TO EXCEED $500,000, FOR EACH PSA, INCLUSIVE OF THE ORIGINAL TERM AND ALL RENEWAL OPTIONS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. City of Miami Page 12 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 RE.8 10-01248 Department of Building and Zoning RE.9 11-00035 Department of Building and Zoning 10-01353 Summary Form.pdf 10-01353 Summary Sheet Evaluation Committee.pdf 10-01353 Addendum No.1.pdf 10-01353 Request For Proposals.pdf 10-01353 Fee Proposal 1.pdf 10-01353 Fee Proposal 2.pdf 10-01353 Legislation.pdf 10-01353 Exhibit 1.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED FORM. 10-01248 Summary Form.pdf 10-01248 Legislation.pdf 10-01248 Exhibit.pdf 10-01248 Summary Form 02-24-11.pdf 10-01248 Legislation Version 2 02-24-11.pdf 10-01248 Exhibit 1 02-24-11.pdf 10-01248-Submittal-Letter-Commissioner Sarnoff.pdf R-11-0065 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PLACEMENT OF A BILLBOARD AT THE CITY OF MIAMI POLICE DEPARTMENT HEADQUARTERS; AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CLEAR CHANNEL OUTDOOR, INC., AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. City of Miami Page 13 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 RE.10 11-00046 Department of Building and Zoning RE.11 11-00149 District 1 - Commissioner Wifredo (Willy) Gort 11-00035 Summary Form.pdf 11-00035 Legislation.pdf 11-00035 Exhibit 1 SUB.pdf 11-00035-Submittal-Letter-Commissioner Sarnoff.pdf R-11-0066 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN THE ATTACHED FORM, WITH SOUTH FLORIDA EQUITABLE FUND, LLC., WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, IN THE CASE STYLED SOUTH FLORIDA EQUITABLE FUND, LLC. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 010-21032-CI V-U NGARO. 11-00046 Summary Form.pdf 11-00046 Legislation.pdf 11-00046-Exhibit-SUB.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Direction by Commissioner Suarez to the City Attorney to provide a legal analysis of the mechanisms that would allow for other entities to place or erect a structure at the "Sevennine Site" without having to come to the City Commission for approval. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF MIAMI AND THE FLORIDA HOUSING FINANCE CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE IMPLEMENTATION OF THE FLORIDA HARDEST HIT PROGRAM, AS STATED HEREIN. 11-00149 Legislation.pdf 11-00149-Exhibit 1-SUB.pdf City of Miami Page 14 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 R-11-0072 MOVED: SECONDED: Frank Carollo Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez RE.12 RESOLUTION 10-01256 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") Department of 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WITH THE EXCEPTION Capital OF THE PROJECTS IN DISTRICT3, ATTACHED AND INCORPORATED, Improvements AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2010), AND Program PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 10-01256 Summary Form.pdf 10-01256 Legislation.pdf 10-01256 Exhibit 1 SUB.pdf R-11-0073 MOVED: SECONDED: Frank Carollo Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez Direction by Vice Chair Carollo to the Administration for all District 3 items to be pulled from RE.12 and brought back as a new agenda item for the City Commission meeting scheduled for March 24, 2011. RE.13 RESOLUTION 11-00082 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Department of CONSTRUCTION AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED Capital FORM(S), WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION Improvements ("FDOT"), FOR ALL CITY OF MIAMI IMPROVEMENT PROJECTS LOCATED Program WITHIN FDOT'S RIGHT OF WAY; SUBJECT TO THE RATIFICATION OF THE CITY COMMISSION. City of Miami Page 15 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 11-00082 Summary Form.pdf 11-00082 Legislation.pdf 11-00082 Exhibit 1.pdf 11-00082-Ex hi bit-Addendum.pdf 11-00082-Submittal-Memo-Substitution for Item RE.13 Addendum to FDOT Construction Agreer R-11-0074 MOVED: SECONDED: Frank Carollo Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez END OF RESOLUTIONS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 RESOLUTION 10-00581 mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE APPLICABLE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE CITY CENTER PROJECT, TO BE LOCATED AT APPROXIMATELY 100 NORTHWEST 12TH STREET, 1120 NORTHWEST 1ST AVENUE, 105 AND 113 NORTHWEST 11TH TERRACE, AND 1129, 1135, 1145, 1151, AND 1159 NORTHWEST 1ST COURT, MIAMI, FLORIDA, TO CONSTRUCTAMIXED-USE RESIDENTIAL COMPLEX COMPRISED OF TWO 27-STORY TOWERS WITH A 9-STORY PODIUM -PARKING GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN APPROXIMATE 270'-8" NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D.) AT TOP OF ROOF SLAB, PROVIDING APPROXIMATELY 340 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE FEET OF FLOOR AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478 OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 16 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 LOCATION: Approximately 100 NW 12th Street, 1120 NW 1st Avenue, 105 and 113 NW 11th Terrace, and 1129, 1135, 1145, 1151, and 1159 NW 1st Court [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG City Center, Ltd. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 15, 2010 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow a phased development of the City Center project. City of Miami Page 17 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 10-00581mu CC 02-24-11 Fact Sheet.pdf 10-00581 mu CC Analysis.pdf 10-00581mu Zoning Map (Miami 21).pdf 10-00581mu Zoning Map (Ordinance 11000).pdf 10-00581mu Aerial Map.pdf 10-00581 mu Miami -Dade Aviation Department Letter.pdf 10-00581mu Miami -Dade County Public School Concurrency Letter.pdf 10-00581mu PZAB Reso.pdf 10-00581mu CC Legislation (Version 2).pdf 10-00581mu ExhibitA.pdf 10-00581mu Exhibit B.pdf 10-00581mu Binder Cover.pdf 10-00581mu Inside Cover.pdf 10-00581 mu Table of Contents.pdf 10-00581 mu Article I. A. Letter of I ntent. pdf 10-00581mu Article I. B. City of Miami Application for Major Use Special Permit.pdf 10-00581 mu Article I. C. Legal Description.pdf 10-00581mu Article I. D. Owner List.pdf 10-00581 mu Article I. E. Disclosure of Ownership - RNG Overtown LLC.pdf 10-00581mu Article I. F. Ownership Affidavit - RNG Overtown LLC.pdf 10-00581 mu Article I. G. Disclosure of Agreement to Support or Withhold Objection - RNG Over 10-00581mu Article I. H. Ownership Structure - CDG City Center, Ltd..pdf 10-00581mu Article I. I. Ownership Affidavit - CDG City Center, Ltd..pdf 10-00581mu Article I. J. Disclosure of Agreement to Support or Withhold Objection - CDG City C 10-00581mu Article I. K. Public School Concurrency Form.pdf 10-00581mu Article I. L. Miami -Dade County Printouts - Property Deed.pdf 10-00581mu Article I. M. Ownership List.pdf 10-00581mu Article I. N. State of Florida Corporate Documents - RNG Overtown.pdf 10-00581mu Article I. O. State of Florida Corporate Documents - CDG City Center, Ltd..pdf 10-00581 mu Article I. P. City of Miami Zoning Atlas. pdf 10-00581mu Article I. Q. City of Miami Future Land Use Map.pdf 10-00581 mu Article I. R. Aerial Location Map. pdf 10-00581mu Article I. S. Photographs.pdf 10-00581mu Article I. T. Project Principals.pdf 10-00581mu Article I. U. Project Data Sheet.pdf 10-00581mu Article I. V. Zoning Write-Up.pdf 10-00581 mu Article II. Project Description.pdf 10-00581mu Article II. A. Zoning Ordinance No. 11000.pdf 10-00581 mu Article III. Supporting Documents.pdf 10-00581mu Article III. Tab A. Survey of Property.pdf 10-00581mu Article III. Tab B. Site Plan.pdf 10-00581mu Article III. Tab C. Site Utility Study.pdf 10-00581mu Article III. Tab D. Economic Study.pdf 10-00581mu Article III. Tab E. Phase I and Limited Phase II Environmental Site Assessment.pdf 10-00581 mu Article III. Tab F. Architectural Drawings.pdf 10-00581mu Article III. Tab G. Landscape Drawings.pdf 10-00581muArticle III. Tab H. Traffic Impact Analysis. pdf 10-00581mu Article III. Tab I. Traffic Sufficiency Letter.pdf MOVED: Richard Dunn II SECONDED: Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. City of Miami Page 18 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 PZ.2 10-01454zt PZ.3 10-01461 zt AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff Note for the record: Item PZ.1 was deferred to the Commission meeting scheduled for April 28, 2011. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5. "SPECIFIC TO ZONES," TO MODIFY STORY HEIGHT MAXIMUM FOR THE T4 TRANSECT ZONE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on January 19, 2011 by a vote of 5-4. PURPOSE: This will establish a maximum height for the "T4" Transect Zone as forty (40) feet. 10-01454zt CC SR 02-24-11 Fact Sheet.pdf 10-01454zt PZAB Reso.pdf 10-01454zt CC Legislation (Version 3).pdf 10-01454zt ExhibitA.pdf 13254 MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 5, SECTION 5.3, "SUB -URBAN TRANSECT ZONES (T3)" AND SECTION 5.4 "GENERAL URBAN TRANSECT ZONES (T4)", BY INCREASING ALLOWED FENCE AND WALL HEIGHT IN T3 AND T4 TRANSECT ZONES, AND SECTION 5.7.1, "CIVIC SPACE ZONES (CS)", BY ADDING REGULATIONS FOR FENCES AND WALLS IN PARKS AND SECTION 5.8, "CIVIC INSTITUTION ZONES -HEALTH DISTRICT (CI -HD)", BY ADDING REGULATIONS FOR FENCES IN THE HEALTH DISTRICT; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 19 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 PZ.4 11-00018zt LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on January 19, 2011 by a vote of 9-0. PURPOSE: This will increase the allowed fence height within the first layer in "T3" and "T4" Transect Zones and add regulations for the height of fences and walls within "CS" and "CI -HD" Transect Zones. 10-01461zt CC FR 02-24-11 Fact Sheet.pdf 10-01461zt PZAB Reso.pdf 10-01461zt Legislation (Version 2).pdf MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, TABLE 13 ENTITLED "SUPPLEMENTAL REGULATIONS"; ADDING AN EXCEPTION PROCESS FOR EXTENSIONS OF DOCKS OR PIERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FI NDI NG(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on January 19, 2011 by a vote of 8-1. PURPOSE: This will add an exception process for extensions of docks and piers beyond the maximum allowed in cases where other jurisdictional agencies require additional extension to meet their requirements. City of Miami Page 20 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 11-00018zt CC FR 02-24-11 Fact Sheet.pdf 11-00018zt PZAB Reso.pdf 11-00018zt CC Legislation (Version 2).pdf 11-00018zt ExhibitA.pdf MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Dunn II PZ.5 RESOLUTION 06-00840x1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOW ACHILD DAY CARE CENTER OF MORE THAN TWENTY (20) CHILDREN, ACCORDING TO ZONING ORDINANCE SECTION 936 AND SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT, MIAMI, FLORIDA. LOCATION: Approximately 1800 & 1806 SW 2nd Court [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Natalia Montano & Roberto Salazar and Alejandro & Ellen Bonet FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Special Exception on June 30, 2010 by a vote of 8-0. PURPOSE: The approval of this appeal will allow the expansion of an existing daycare center and an increase in the number of children from 30 to 60. City of Miami Page 21 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 06-00840x1 CC 02-24-11 Fact Sheet.pdf 06-00840x1 PZAB Appeal Letter.pdf 06-00840x1 Analysis.pdf 06-00840x1 Zoning Map.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Aerial Map.pdf 06-00840x1 PZAB Reso.pdf 06-00840x1 Letter of Intent.pdf 06-00840x1 Application & Supporting Docs.pdf 06-00840x1 Plans.pdf 06-00840x1 CC Legislation (Version 3).pdf 06-00840x1 CC Legislation (Version 4).pdf 06-00840x1 ExhibitA.pdf 06-00840x1-Submittal-Support Letters.pdf 06-00840x1-Submittal-Aguamarina Daycare Special Exception Application Appeal.pdf MOVED: Frank Carollo SECONDED: Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Dunn II PZ.6 RESOLUTION 10-00044x A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST2NDAVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. City of Miami Page 22 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Brickell View West Apartments, Inc., Adjacent Property Owner APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x-a. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. 10-00044x CC 02-24-11 Fact Sheet.pdf 10-00044x 03-10-11 Fact Sheet.pdf 10-00044x ZB Appeal Letter.pdf 10-00044x Analysis.pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map.pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent.pdf 10-00044x Application & Supporting Docs.pdf 10-00044x Plans.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf MOVED: Frank Carollo SECONDED: Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Dunn II Note for the record: Item PZ.6 was deferred to the Commission meeting scheduled for March 10, 2011, with a time certain of 4:00 PM. PZ.7 RESOLUTION 10-00044x-a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 23 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. City of Miami Page 24 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 M.1 11-00138 10-00044x-a CC 03-10-11 Fact Sheet.pdf 10-00044x-a ZB Appeal Letter.pdf 10-00044x Analysis.pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map.pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent.pdf 10-00044x Application & Supporting Docs.pdf 10-00044x Plans.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Dunn II Note for the record: Item PZ.7 was deferred to the Commission meeting scheduled for March 10, 2011, with a time certain of 4:00 PM. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INITIATE AN INCENTIVE PROGRAM EFFECTIVE MARCH 15, 2011 THROUGH APRIL 15, 2011, TO PROVIDE ANY MEMBER OF THE GESE PENSION PLAN IN THE DROP OR ELIGIBLE TO RETIRE, WHO ELECTS TO SEPARATE FROM CITY EMPLOYMENT BY APRIL 15, 2011, SHALL BE ALLOWED TO MAINTAIN HEALTH INSURANCE BENEFITS AT ACTIVE EMPLOYEES PREMIUM RATE FOR 5 YEARS. 11-00138 Legislation.pdf 11-00138 Legislation (Version 2)-03-10-11.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez City of Miami Page 25 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 Note for the record: Item M.1 was deferred to the Commission meeting scheduled for March 10, 2011. M.2 RESOLUTION 11-00137 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INITIATE AN INCENTIVE PROGRAM FOR MEMBERS OF THE FIPO PENSION PLAN EFFECTIVE MARCH 15, 2011 THROUGH APRIL 15, 2011, TO PROVIDE THAT ANY IAFF MEMBER IN DROP OR ELIGIBLE TO RETIRE, WHO ELECTS TO SEPARATE FROM CITY EMPLOYMENT BY APRIL 15, 2011, SHALL BE ALLOWED TO MAINTAIN HEALTH INSURANCE BENEFITS AT ACTIVE EMPLOYEES PREMIUM RATE FOR 5 YEARS; AND EFFECTIVE MARCH 15, 2011 ANY FOP MEMBER IN DROP OR ELIGIBLE TO RETIRE, WHO ELECTS TO SEPARATE FROM CITY EMPLOYMENT BY APRIL 15, 2011 SHALL BE ALLOWED TO MAINTAIN HEALTH INSURANCE BENEFITS AT ACTIVE EMPLOYEES PREMIUM RATE FOR 7 YEARS. 11-00137 Legislation.pdf 11-00137 Legislation (Version 2)-03-10-11.pdf MOVED: SECONDED: Richard Dunn II Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez Note for the record: Item M.2 was deferred to the Commission meeting scheduled for March 10, 2011. M.3 RESOLUTION 11-00147 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING A PORTION OF THE FEES FOR THE USE OF THE PARKING LOT AT MARINE STADIUM FOR THE MIAMI ROWING AND WATERSPORTS CLUB INTERNATIONAL REGATTA ON SUNDAY, MARCH 6, 2011. 11-00147 Legislation.pdf R-11-0075 MOVED: SECONDED: Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez END OF CITYWIDE ITEMS City of Miami Page 26 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS NA.1 RESOLUTION 11-00160 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 54-341(E), THE RESTRICTIONS CONTAINED IN SECTIONS District 4- 54-341(C)(1),(2), AND (3) OF THE CODE OF THE CITY OF MIAMI, Commissioner FLORIDA, AS AMENDED, MORE PARTICULARLY: 1. THE RESTRICTION Francis Suarez THAT NO MORE THAN TWO EVENTS PER MONTH SHALL OCCUR, 2. THE RESTRICTION THAT ONLY ONE EVENT OF THE TWO EVENTS MAY INVOLVE STREET CLOSURES, AND 3. THE RESTRICTION ON TWO EVENTS TAKING PLACE ON SUCCESSIVE WEEKENDS, FOR EVENTS OCCURRING IN THE "COCONUT GROVE SPECIAL EVENTS DISTRICT", TO ALLOW FOR THE CARNAVAL DE BARANQUILLA TO TAKE PLACE ON MARCH 12, 2011. 11-00160-Legislation. pdf R-11-0071 City of Miami Page 27 Printed on 3/7/2011 City Commission Marked Agenda February 24, 2011 MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff NA.2 DISCUSSION ITEM 11-00209 DISCUSSION BY CHAIR GORT REGARDING A REQUEST FROM LESTER SOLA, MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS, FOR THE CITY OF MIAMI TO MOVE ITS GENERAL ELECTION DATE FROM NOVEMBER 8, 2011, TO NOVEMBER 1, 2011. DISCUSSED NA.3 RESOLUTION 11-00208 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR RICK SCOTTAND THE District 4- MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT FUNDING OF Commissioner THE LOCAL SERVICES PROGRAM DURING THE 2011 LEGISLATIVE Francis Suarez SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-00208-Submittal-Letter Alliance for Aging, Inc..pdf R-11-0076 MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Dunn II ADJOURNMENT On March 2, 2011, a motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to adjourn the February 24, 2011, Miami City Commission Meeting. City of Miami Page 28 Printed on 3/7/2011