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HomeMy WebLinkAboutCC 2011-03-24 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, March 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.5 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) PZ.1 - PZ.8 shall not be considered before 10:00 am. PZ.9 & PZ.10 shall not be considered before 5:00 pm. City of Miami Page 1 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS 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 ofMiami Page 2 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 11-00259 Honoree Presenter Protocol Item Tributes to Women Mayor Regalado Commendations Dr. Dorothy J. Fields Dr. Jacqueline James Ms. Albena Sumner Dr. Freddie Young Mrs. Leome Culmer Dr. Stratego Castanes Miami Jewish Health Commissioner Sarnoff Salute Systems 11-00259 Protocol.pdf PRESENTED 1. Mayor Regalado and members of the Miami City Commission saluted Dr. Stratego Castanes, Ms. Leome Scavella Culmer, Dr. Joyce Price, Ms. Lorraine Scott, Ms. Albena Sumner, and Dr. Freddie Young, in celebration of the City of Miami's 2011 Women's History Month Recognition Program; further bestowed admiration and great respect to the recipients, and paid highest tribute in acknowledgment of their outstanding contributions to South Florida, embodying this year's theme of "Our History is Our Strength". 2. In honor of National Women's History Month, Commissioner Suarez paid tribute to "Strong Women, Strong Girls", an organization whose critical mentoring strategies serve to assure a better and more independent future for young girls in our community. 3. Commissioner Sarnoff honored Miami Jewish Health Systems on the occasion of the celebration of seventy years of service to our community, applauding this organization's outstanding community -based mission to address the medical needs of people of all ages, cultures, and faiths in a commitment to creating longer, healthier, and more enriched lives. 4. Commissioner Sarnoff paid tribute to Liza Walton in recognition of her outstanding leadership and dedication to excellence as an administrator for the Neighborhood Enhancement Team; further acknowledging her thoughtful job performance, implementation of newer systems with technical creativity, and selfless commitment as the City's liaison working with residents and merchants at three NET Offices --West Flagler, Coral Way, and Coconut Gove/Brickell. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 24th day of March 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 9:50 a.m., recessed at 12:22 p.m., reconvened at 3:09 p.m., recessed at 5:25 p.m., reconvened at 5:34 p.m., and adjourned the meeting at 7:46 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager City ofMiami Page 3 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 Priscilla A. Thompson, City Clerk MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of February 24, 2011 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion to APPROVED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF APPROVING MINUTES ORDER OF THE DAY City ofMiami Page 4 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 CA.1 11-00173 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2011" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $500,000, CONSISTING OF A REIMBURSEMENT GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2010 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE DEPARTMENT OF PARKS AND RECREATION. 11-00173 Summary Form.pdf 11-00173 Summer Food Service Program.pdf 11-00173 First Renewal.pdf 11-00173 Amendment No. 1.pdf 11-00173 Legislation.pdf 11-00173 Exihibit 1.pdf R-11-0117 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II CA.2 RESOLUTION 11-00183 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, FOR FUNDS IN AN AMOUNT NOT TO EXCEED $60,000, FOR THE DEMOLITION OF EXISTING DOCK AND CONSTRUCTION OF A NEW KENNEDY PARK FLOATING DOCK ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS OF FIFTY (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $60,000 FROM THE KENNEDY PARK FLOATING DOCK PROJECT, PH-1, AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT B-30541 B; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. City ofMiami Page 5 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 CA.3 11-00184 Office of Grants Administration 11-00183 Summary Form.pdf 11-00183 Kennedy Park Budget Estimate.pdf 11-00183 Legislation.pdf 11-00183 Exhibit 1.pdf R-11-0114 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $117,500 FOR THE LITTLE RIVER WATERFRONT PARK ACQUISITION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR SEVENTY-FIVE PERCENT (75%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $352,500 TO BE PROVIDED BY THE BISCAYNE BAY/MIAMI RIVER LAND ACQUISITION TRUST FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2011-2012. 11-00184 Summary Form.pdf 11-00184 Project Cost Estimate.pdf 11-00184 Legislation.pdf 11-00184 Exhibit 1.pdf R-11-0118 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II CA.4 RESOLUTION 11-00185 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $60,000, FOR THE SPOIL ISLAND "E" RESTORATION AND FLOATING DOCK CONSTRUCTION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $60,000, TO BE PROVIDED BY THE SPOIL ISLAND "E" RESTORATION AND FLOATING DOCK PROJECT AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-30721; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL City ofMiami Page 6 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 CA.5 11-00186 Office of Grants Administration NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00185 Summary Form.pdf 11-00185 Spoil Island Budget Estimate.pdf 11-00185 Legislation.pdf 11-00185 Exhibit 1.pdf R-11-0115 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, FOR FUNDS IN AN AMOUNT NOT TO EXCEED $75,000 FOR THE KENNEDY PARK SHORELINE STABILIZATION PHASE I ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS OF FIFTY (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $75,000 FROM THE KENNEDY PARK SHORELINE STABILIZATION PHASE I, AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT B-30541C; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00186 Summary Form.pdf 11-00186 Kennedy Park Shoreline Budget Estimate.pdf 11-00186 Legislation.pdf 11-00186 Exhibit 1.pdf R-11-0116 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: Frank Carollo Francis Suarez Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CONSENT AGENDA PUBLIC HEARINGS City ofMiami Page 7 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 9:00 A.M. PH.1 RESOLUTION 11-00166 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR Department of 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE Community AMOUNT OF $4,468,078 IN THE ECONOMIC DEVELOPMENT Development CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN PROGRAM YEAR 2011-2012, BEGINNING APRIL 1, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 11-00166 Summary Form.pdf 11-00166 Public Notice.pdf 11-00166 Legislation.pdf 11-00166 Exhibit 1.pdf 11-00166 Exhibit 2.pdf 11-00166 Exhibit 3.pdf 11-00166 Exhibit 4.pdf 11-00166 Exhibit 5.pdf 11-00166 Exhibit 6.pdf 11-00166-Submittal-Grady Muhammad-Misc. Documents.pdf R-11-0119 MOVED: SECONDED: Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez PH.2 RESOLUTION 11-00167 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT Department of ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), AN Community EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM Development DECEMBER 31, 2009 TO JUNE 1, 2011, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 31, 2010 TO DECEMBER 31, 2011, ON THE PROPERTY LOCATED AT 1264 NORTHWEST 31 ST STREET, MIAMI, FLORIDA; AND AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM JUNE 30, 2010 TO JANUARY 1, 2012, AND TO COMPLETE CONSTRUCTION FROM JUNE 30, 2011 TO JUNE 30, 2012, ON THE PROPERTY LOCATED 790 NORTHWEST 29TH TERRACE, MIAMI, FLORIDA; AND AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM JUNE 30, 2010 TO JULY 1, 2012, AND TO COMPLETE CONSTRUCTION FROM JUNE 30, 2011 TO DECEMBER 30, 2012, FOR THE PROPERTIES LOCATED AT 3255 NORTHWEST 11TH COURT AND 3245 NORTHWEST 11TH COURT, MIAMI, FLORIDA, City ofMiami Page 8 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY REQUIRED MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO ABDA, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. 11-00167 Summary Form.pdf 11-00167 Public Notice.pdf 11-00167 Letter From ABDA.pdf 11-00167 Scope of Work.pdf 11-00167 Pre Resolutions.pdf 11-00167 Letter From Department of CD.pdf 11-00167 Amended Corrective City Deed.pdf 11-00167 Legislation.pdf 11-00167 Exhibit 1.pdf R-11-0120 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PH.3 RESOLUTION 11-00168 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 07-0208, ADOPTED Department of APRIL 12, 2007, TO THE EXTENT THAT IT AUTHORIZED THE SALE OF Community CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS, AS LEGALLY Development DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC.; AUTHORIZING THE CONVEYANCE, WITH PARCEL REVERTER PROVISIONS, OF SAID CITY -OWNED PARCELS TO TACOLCY ECONOMIC DEVELOPMENT CORPORATION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE CITY. 11-00168 Summary Form.pdf 11-00168 Public Notice.pdf 11-00168 Letter from Tacolcy Economic Dev.pdf 11-00168 Pre Resolutions.pdf 11-00168 Legislation.pdf 11-00168 Exhibit 1.pdf R-11-0121 City ofMiami Page 9 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PH.4 RESOLUTION 11-00210 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR Department of 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE Community AMOUNT OF $28,887, FROM THE DISTRICT 3 RESERVE ACCOUNT, IN Development THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 11-00210 Summary Form.pdf 11-00210 Public Notice.pdf 11-00210 Pre Resolution.pdf 11-00210 Detail By Entity Name.pdf 11-00210 Legislation.pdf 11-00210 Exhibit 1.pdf R-11-0109 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PH.5 RESOLUTION 11-00169 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 480 NORTHWEST 11 STREET, MIAMI, FLORIDA, IN "AS IS" AND "WHERE IS" CONDITION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS THAT MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE. 11-00169 Summary Form.pdf 11-00169 Notice of Public Hearing.pdf 11-00169 Pre Resolutions.pdf 11-00169 Legislation.pdf 11-00169 Exhibit 1.pdf City ofMiami Page 10 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 MOVED: SECONDED: Richard Dunn II Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez PH.6 RESOLUTION 11-00171 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION RESTRICTING VEHICULAR AND PEDESTRIAN ACCESS TO THE ALLEY LOCATED IN THE AREA BOUNDED BY NORTHEAST 1ST AVENUE, NORTHEAST 1ST COURT, NORTHEAST 13TH STREET AND NORTHEAST 13TH TERRACE, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 11-00171 Summary Form.pdf 11-00171 Notice of Public Hearing.pdf 11-00171 Restriction Vehicular Map.pdf 11-00171 Legislation.pdf R-11-0122 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II ABSENT: Commissioner(s) Carollo and Suarez PH.7 RESOLUTION 11-00247 Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE MIRTA "MIKKI" PADRON CANTON TO ENTER INTO AN AGREEMENT WITH THE CITY OF MIAMI, FOR THE PURPOSE OF SERVING AS SENIOR PUBLIC POLICY ADVISOR TO THE MAYOR. 11-00247 Legislation.pdf 11-00247 Exhibit 1.pdf 11-00247-Submittal-Resume-Mikki Canton, Esq..pdf R-11-0112 MOVED: SECONDED: Francis Suarez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II City ofMiami Page 11 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 SR.1 11-00182 Office of the City Clerk FR.1 11-00107 Department of Public Facilities ABSENT: Commissioner(s) Carollo END OF PUBLIC HEARINGS ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ADJUSTING MUNICIPAL ELECTION DATES AND QUALIFYING DATES AS FOLLOW: 1) CHANGING THE TUESDAY, NOVEMBER 8, 2011, CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO TUESDAY, NOVEMBER 1, 2011, TO COINCIDE WITH THE HIALEAH, HOMESTEAD, AND MIAMI BEACH MUNICIPAL ELECTIONS TO OFFSET THE COST OF A STAND ALONE ELECTION FOR THE CITY OF MIAMI; 2) CHANGING THE QUALIFYING DATES FROM SEPTEMBER 9, 2011 THROUGH SEPTEMBER 24, 2011 TO AUGUST 26, 2011 THROUGH SEPTEMBER 10, 2011 AT 6 PM, AND 3) SETTING THE RUN-OFF ELECTION AS NOVEMBER 15, 2011, SHOULD A RUN-OFF BE NECESSARY; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO THE MIAMI-DADE COUNTY MANAGER AND ELECTIONS SUPERVISOR; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00182 FR/SR Memorandum.pdf 11-00182 FR/SRLetter from Supervisior of Elections.pdf 11-00182 FR/SR Precincts and Polling Places.pdf 11-00182 FR/SR Proposed November 2011 Election.pdf 11-00182 FR/SR Legislation.pdf 13258 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez END OF ORDINANCE - SECOND READING ORDINANCE - FIRST READING 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 TO BE COMPARABLE WITH OTHER GOVERNMENT IMPOSED FEES FOR SIMILAR FACILITIES, MORE PARTICULARLY BY AMENDING SECTION 53-53 (B)(1)(C) OF THE CODE; CONTAINING A SEVERABILITY City ofMiami Page 12 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00107 Summary Form.pdf 11-00107 Legislation.pdf 11-00107-Submittal-Letter-Donald Worth.pdf 11-00107 Summary Form 03-24-11.pdf 11-00107 Legislation (Version 2) 03-24-11.pdf MOVED: Marc David Sarnoff SECONDED: Francis Suarez Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo Direction by Chair Gort to the Administration to conduct a comprehensive evaluation of the City of Miami's permitting structure for various events. Direction by Commissioner Sarnoff to the Administration to provide a historical summary of the fees assessed for the issuance of permits for major events held within the City of Miami. Direction by Commissioner Sarnoff to the City Attorney to determine if the City of Miami can charge a 25¢ per day/per linear square foot fee for special events involving County rights -of -way. END OF FIRST READING ORDINANCE RESOLUTIONS RE.1 RESOLUTION 11-00108 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT THE PERMANENT VEHICULAR ACCESS RESTRICTION BARRICADES District 2- LOCATED AT NORTHEAST 72ND TERRACE, NORTHEAST 73RD STREET, Commissioner Marc NORTHEAST 74TH STREET, NORTHEAST 75TH STREET AND David Sarnoff NORTHEAST 77TH STREET AT THE EASTERLY SIDE OF THEIR INTERSECTION WITH NORTHEAST6TH COURT, MIAMI, FLORIDA, BE ADDITIONALLY DESIGNATED TO PROHIBIT EMERGENCY VEHICLE ACCESS THROUGH SAID BARRICADES, IN ACCORDANCE WITH ALL APPLICABLE LAWS; SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR AND TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 11-00108-Legislation. pdf 11-00108 Pre Resolution 03-24-11.pdf 11-00108 Access Restrictions Map 03-24-11.pdf 11-00108 Letter from Miami Dade 03-24-11.pdf 11-00108 Pedestrian Facilities 03-24-11.pdf 11-00108 Belle Meade Closure 03-24-11.pdf 11-00108 Fence Petition 03-24-11.pdf 11-00108 Legislation (Version 2) 03-24-11.pdf R-11-0131 MOVED: Marc David Sarnoff City ofMiami Page 13 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.2 RESOLUTION 11-00187 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,000,000, FOR THE SEYBOLD CANAL DREDGING PROJECT; AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000,000 TO BE PROVIDED BY FUNDS AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT NUMBER B-50643; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00187 Summary Form.pdf 11-00187 Legislation.pdf 11-00187 Exhibit 1.pdf R-11-0123 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.3 RESOLUTION 11-00188 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,143,000, FOR THE BAYWALK AT MUSEUM PARK PROJECT CONSTRUCTION AND BEAUTIFICATION PROJECT ("PROJECT"); AUTHORIZING THE ACCEPTANCE OF $1,143,000, PROVIDED BY THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") PURSUANT TO THE CRA RESOLUTION PROVIDING SAME TO THE CITY OF MIAMI; ALLOCATION OF THE REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,143,000, PROVIDED BY THE CRA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE City ofMiami Page 14 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00188 Summary Form.pdf 11-00188 Budgetary ImpactAnalysis.pdf 11-00188 Legislation.pdf 11-00188 Exhibit 1.pdf R-11-0124 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.4 RESOLUTION 11-00189 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $800,000, FOR THE RICKENBACKER MARINA RESTORATION AND EXPANSION AT VIRGINIA KEY ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $800,000, AVAILABLE UNDER CAPITAL IMPROVEMENT PROJECT B-39903 OR B-040180 WATERFRONT IMPROVEMENT CITYWIDE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2011-2012. 11-00189 Summary Form.pdf 11-00189 Scope of Work.pdf 11-00189 Legislation.pdf 11-00189 Exhibit 1.pdf R-11-0125 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II NOES: Commissioner(s) Carollo ABSENT: Commissioner(s) Suarez RE. 5 RESOLUTION City ofMiami Page 15 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 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 R-11-0126 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.6 RESOLUTION 10-01353 Department of Finance A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION 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, FORA PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 10-01353 Summary Form.pdf 10-01353 Summary Sheet Evaluation Committee.pdf 10-01353Addendum 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 10-01353 Legislation (Version 2) 03-24-11.pdf 10-01353 Exhibit 1 03-24-11.pdf R-11-0110 MOVED: SECONDED: Richard Dunn II Francis Suarez City ofMiami Page 16 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Gort and Carollo RE.7 RESOLUTION 10-01413 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING GRANT FUNDS, IN AN AMOUNT NOT TO Department of EXCEED $46,500, FROM THE FLORIDA INLAND NAVIGATION DISTRICT Capital ("FIND") FOR THE MIAMI WOMAN'S CLUB BAYWALK - PHASE I Improvements PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND Program PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $46,500, FROM THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY OMNI FUND. 10-01413 Summary Form.pdf 10-01413 FIND Prior Legislation 1.pdf 10-01413 FIND Prior Legislation 2.pdf 10-01413 Legislation. pdf 10-01413 Exhibit .pdf R-11-0127 MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.8 RESOLUTION 11-00218 Community Redevelopment Agency (CRA) A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE BUDGETS OF THE SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011, AS APPROVED BY THEIR RESPECTIVE BOARDS OF COMMISSIONERS. 10-00218 Summary Form.pdf 10-00218 Legislation. pdf 10-00218 Exhibit 1.pdf R-11-0128 MOVED: SECONDED: Richard Dunn II Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II City ofMiami Page 17 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 ABSENT: Commissioner(s) Suarez RE.9 RESOLUTION 11-00119 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT Department of AWARDED TO MARITIME MOBILE COMMUNICATIONS, LLC, D/B/A Fire -Rescue DIGITAL VIDEO SYSTEMS, TO PROVIDE ADDITIONAL GOODS AND SERVICES REQUIRED FOR THE PURCHASE AND INSTALLATION OF AUDIO VISUAL EQUIPMENT, AT THE EMERGENCY OPERATIONS CENTER, FOR THE DEPARTMENT OF FIRE -RESCUE, PURSUANT TO INVITATION FOR BID NO. 206203, IN AN AMOUNT NOT TO EXCEED $6,649.50, PLUS A $2,000 OWNER CONTINGENCY TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $166, 479.50 TO $175,129; ALLOCATING FUNDS FOR SAID INCREASE FROM ACCOUNT CODE. P=18-180011, T=01.08, A=1564, E=66400, 0=181000. 11-00119 Summary Form.pdf 11-00119 Pre Resolution.pdf 11-00119Attachment No 5.pdf 11-00119 Legislation.pdf 11-00119 Exhibit 1.pdf 11-00119-Submittal-Fire-Rescue-Misc. Back Up Documents.pdf R-11-0111 MOVED: SECONDED: Frank Carollo Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.10 RESOLUTION 11-00203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") Department of AMENDED 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WHICH Capital INCLUDES THE PROJECTS IN DISTRICT 3, ATTACHED AND Improvements INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA Program STATUTES (2010), AND 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. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf MOVED: Frank Carollo City ofMiami Page 18 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 SECONDED: UNANIMOUS Richard Dunn II Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.11 RESOLUTION 11-00126 Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010. 11-00126 Summary Form.pdf 11-00126 Legislation.pdf 11-00126 Summary Form 03-24-11.pdf 11-00126 Legislation (Version 3) 03-24-11.pdf 11-00126-Submittal-Budget Dept.-FY10 General Fund Balance Usage.pdf R-11-0129 MOVED: Richard Dunn II SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.12 RESOLUTION 11-00243 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARGARITTE DINGLE, THEOANDRIA KENDRICK, A MINOR BY HER MOTHER AND NATURAL GUARDIAN DENISE DAVIS, MICHAEL JOHNSON, SR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL JOHNSON, JR., AND KEVARIS DAUGHTY, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $200,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, THE POLISH AMERICAN CLUB OF MIAMI, INC., DIANE THOMAS, AND OTHER PERSON OR ENTITY THAT MAY HAVE LIABILITY, IN THE CASES STYLED, MARGARITTE DINGLE VS. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44632 CA 13, AND THEOANDRIA KENDRICK, ETC., ETAL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44642 CA 13, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. City ofMiami Page 19 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 11-00243 Memorandum.pdf 11-00243 Memorandum Budget.pdf 11-00243-Legislation-SUB. pdf MOVED: SECONDED: Frank Carollo Richard Dunn II Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez Note for the record: Item RE.12 was deferred to the Commission meeting scheduled for April 14, 2011. Note for the record: An executive session of the Miami City Commission was scheduled on April 14, 2011, at Miami City Hall at 2:00 PM (or soon thereafter), for the purposes of discussing the pending consolidated litigation cases of: MARGARITTE DINGLEY V. POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 08-03407 CA 08; and THEOANDRIA KENDRICK, ETC., ET AL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., CASE NO.: 09-44642 CA08. RE.13 RESOLUTION 11-00219 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED Capital FORM, WITH THE MARLINS STADIUM DEVELOPER, LLC, TO INSTALL Improvements AND MAINTAIN NONSTANDARD IMPROVEMENTS WITHIN THE PUBLIC Program RIGHT-OF-WAY AND THE CITY OF MIAMI OWNED PRIVATE DRIVES AS DESCRIBED IN "EXHIBIT C", ATTACHED AND INCORPORATED. 11-00219 Summary Form.pdf 11-00219 Legislation.pdf 11-00219 Exhibit 1.pdf R-11-0130 MOVED: SECONDED: Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.14 RESOLUTION 11-00190 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH FLAGLER FIRST CONDOMINIUMS, LLC, RELATING TO THE REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"); PROVIDING AN EXTENSION OF THE DEADLINE FOR THE SALE OF ALL PROJECT RESIDENTIAL CONDOMINIUM UNITS UNTIL DECEMBER 2, 2013. City ofMiami Page 20 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 DI.1 10-01257 Department of Building and Zoning 11-00190 Summary Form.pdf 11-00190 Legislation.pdf 11-00190 Exhibit 1.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item RE.14 was deferred to the Commission Meeting scheduled for April 14, 2011. END OF RESOLUTIONS DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING THE PERMITTING PROCESS. 10-01257 Summary Form.pdf DISCUSSED DI.2 DISCUSSION ITEM 11-00128 City Manager's Office PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: -BAYFRONT PARK MANAGEMENT TRUST -CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD -CIVIL SERVICE BOARD -CODE ENFORCEMENT BOARD -EQUAL OPPORTUNITY ADVISORY BOARD -LITTLE HAVANA SPECIAL EVENTS DISTRICT -COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE -MAYOR'S INTERNATIONAL COUNCIL -COMMUNITY TECHNOLOGY ADVISORY BOARD -PARKS AND RECREATION ADVISORY BOARD 11-00128 Memorandum.pdf DISCUSSED Direction by Chair Gort to the Administration to review all City of Miami boards and committees to determine if any can be merged or eliminated, further directing that a recommendation be provided to the Commission after completion of the review. City ofMiami Page 2] Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 DI.3 DISCUSSION ITEM 11-00255 DISCUSSION CONCERNING MEDIA TOWERS. 11-00255 Discussion.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 RESOLUTION 11-00027xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING OR DENYING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6, ENTITLED "NONCONFORMING USES," OF ZONING ORDINANCE NO. 13114, THE MIAMI 21 CODE, AS AMENDED, TO EXTEND THE USE OF LEGALLY NON -CONFORMING ACCESSORY PARKING, ABUTTING A "T3-R" PREVIOUSLY APPROVED AS A TRANSITIONAL USE UNDER PRIOR ZONING ORDINANCE 6871, FOR AN ADDITIONAL TERM OF UP TO TWENTY (20) YEARS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 770 AND 776 NORTHEAST 80TH STREET, MIAMI, FLORIDA. LOCATION: Approximately 770 and 776 NE 80th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Little River Club, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PURPOSE: This application proposes to extend the continuance of use of a legally non -conforming accessory parking abutting a "T3-R" neighborhood to the north. City ofMiami Page 22 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 11-00027xc CC 03-24-11 Fact Sheet.pdf 11-00027xc Analysis. pdf 11-00027xc Miami 21 Map.pdf 11-00027xc Aerial Map. pdf 11-00027xc 1965 Commission Resolution and Planning & Zoning Board Action.pdf 11-00027xcApplication & Supporting Docs.pdf 11-00027xc Plans.pdf 11-00027xc CC Legislation (Version 1).pdf 11-00027xc ExhibitA.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.2 RESOLUTION 10-01096cm A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANTS DATED MARCH 31, 1997 AND RECORDED IN OFFICIAL RECORDS BOOK 17604, PAGES 3735-3770, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1900 BRICKELLAVENUE, MIAMI, FLORIDA. LOCATION: Approximately 1900 Brickell Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Carlos J. Gimenez, Esquire, on behalf of Dr. Jorge Suarez -Menendez, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions on January 19, 2011 by a vote of 9-0. See Exhibit "1". PURPOSE: This proposed modification will amend certain restrictions to the existing covenant. 10-01096cm CC 03-24-11 Fact Sheet.pdf 10-01096cm Miami 21 Map.pdf 10-01096cm Ordinance 11000 Map.pdf 10-01096cm Aerial Map.pdf 10-01096cm PZAB Reso.pdf 10-01096cm Letter of Intent. pdf 10-01096cm Supporting Documents. pdf 10-01096cm Survey.pdf 10-01096cm CC Legislation (Version 3).pdf 10-01096cm Exhibit A. pdf 10-01096cm Exhibit B.pdf City ofMiami Page 23 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 PZ.3 10-01461 zt MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez Note for the record: Item PZ.2 was deferred to the Commission Meeting scheduled for May 26, 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, 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; 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 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 SR 03-24-11 Fact Sheet.pdf 10-01461zt PZAB Reso.pdf 10-01461zt Legislation (Version 2).pdf 13259 MOVED: SECONDED: Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez PZ.4 ORDINANCE Second Reading City ofMiami Page 24 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 11-00018zt PZ.5 10-01242zt 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 FINDING(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. 11-00018zt CC SR 03-24-11 Fact Sheet.pdf 11-00018zt PZAB Reso.pdf 11-00018zt CC Legislation (Version 2).pdf 11-00018zt ExhibitA.pdf 13260 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" BY CLARIFYING PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 25 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 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 clarify certain Sections and Definitions of Chapter 17, "Environmental Preservation". 10-01242zt CC FR 03-24-11 Fact Sheet.pdf 10-01242zt PZAB Reso.pdf 10-01242zt City of Miami Chapter 17.pdf 10-01242zt County Code Chapter 24.pdf 10-01242ztAmerican National Standards Institute (ANSI).pdf 10-01242zt Educational Materials.pdf 10-01242zt CC Legislation (Version 6).pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.6 RESOLUTION 09-01464za A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Bob de la Fuente, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on March 22, 2010 by a vote of 6-1. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. City ofMiami Page 26 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 09-01464za CC 03-24-11 Fact Sheet.pdf 09-01464za Memorandum from Barnaby L. Min.pdf 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso Including Notary Page.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.7 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 ALLOWA CHILD 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 ofMiami Page 27 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 06-00840x1 CC 03-24-11 Fact Sheet.pdf 06-00840x1 PZAB Appeal Letter.pdf 06-00840x1 Analysis.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Zoning 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 MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez PZ.8 RESOLUTION 09-01198ha A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL FILED BY BACARDI IMPORTS, INC. ("APPELLANT"), AND AFFIRMING OR REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH GRANTED WITH CONDITIONS THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2100 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS A HISTORIC RESOURCE. LOCATION: Approximately 2100 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Stanley B. Price, Esquire, on behalf of Bacardi Imports, Inc. FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Granted with conditions* the designation on October 6, 2009 by a vote of 8-0. *See supporting documentation. PURPOSE: The approval of this appeal will exclude the property above as a historic resource depicted on the applicable page of the Historic and Environmental Preservation Atlas of the City of Miami. City ofMiami Page 28 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 09-01198ha CC 03-24-11 Fact Sheet.pdf 09-01198ha Bacardi Building Map.pdf 09-01198ha Miami 21 Map.pdf 09-01198haAerial Map.pdf 09-01198ha Appeal Letter & Supporting Documentation.pdf 09-01198ha Bacardi Buildings Final Designation Report.pdf 09-01198ha CC Legislation (Version 2).pdf 09-01198ha CC Legislation (Version 3).pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item PZ.8 was deferred to the Commission Meeting scheduled for May 26, 2011. The following item(s) shall not be considered before 5:00 pm. PZ.9 RESOLUTION 10-00044x A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY 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 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. 10-00044x CC 03-24-11 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 City ofMiami Page 29 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 R-11-0132 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.10 RESOLUTION 10-00044x-a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY 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 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. 10-00044x-a CC 03-24-11 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 R-11-0133 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF PLANNING AND ZONING ITEMS City ofMiami Page 30 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 RESOLUTION 11-00242 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FORA FIFTEEN (15) YEAR INITIAL TERM WITH UP TO THREE (3) OPTIONS TO RENEW FOR TERMS OF FIFTEEN (15) YEARS EACH, WITH OLYMPIA CENTER, INC., A FLORIDA AND FEDERAL NOT -FOR PROFIT ORGANIZATION FOR THE DEVELOPMENT, MANAGEMENT AND USE OF THE HISTORIC GUSMAN CENTER FOR THE PERFORMING ARTS AS A CULTURAL AND EDUCATIONAL FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENT(S) FOR SAID PURPOSE TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE CITY'S OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL. 11-00242 Legislation.pdf 11-00242 Exhibit 1.pdf R-11-0113 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II M.2 ORDINANCE First Reading 11-00245 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED, MORE PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED " TEMPORARY VACANT STOREFRONT WINDOW SIGNS" TO DEFINE TEMPORARY VACANT STOREFRONT WINDOW SIGNS AND TO ALLOW FOR TEMPORARY VACANT STOREFRONT WINDOW SIGNS IN NON-RESIDENTIAL TRANSECT ZONES; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-00245 Legislation.pdf City ofMiami Page 31 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 D2.1 11-00174 D2.2 11-00212 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item M.2 was deferred to the Commission Meeting scheduled for April 14, 2011. END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION REGARDING SPECIAL EVENTS FEES. 11-00174 Email -Special Events Fees.pdf DISCUSSED DISCUSSION ITEM DISCUSSION ABOUT FENCING AROUND VAGABOND MOTEL. 11-00212 Email Vagabond Motel.pdf DISCUSSED END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 DISCUSSION ITEM 11-00257 CONCERNS REGARDING THE LACK OF APPROVAL OF THE CRA BUDGET BY THE CITY COMMISSION, AFTER NEARLY SIX MONTHS INTO THE CURRENT YEAR. City ofMiami Page 32 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 11-00257 Email - Discussion- CRA Budget.pdf WITHDRAWN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II D5.1 DISCUSSION ITEM 11-00256 NA.1 11-00289 IN RESPONSE TO DISTRICT 5'S COMMUNITY CONCERNS, AN OPEN DISCUSSION REGARDING THE RESULTING CONSEQUENCES OF THE RECENT POLICE SHOOTINGS. 11-00256 Email - Discussion- Police Shootings.pdf DISCUSSED END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM COMMISSIONER DUNN ACKNOWLEDGED THE PASSING OF DOROTHY QUINTANAAT THE AGE OF 101 YEARS WITH A MOMENT OF SILENCE, HONORING HER LIFE AND LEGACY AS A COMMUNITY ACTIVIST FOR THE ELDERLY AND HER COMMUNITY. DISCUSSED NA.2 DISCUSSION ITEM 11-00290 BRIEF DISCUSSION BY VICE CHAIR CAROLLO REGARDING THE REQUIREMENTS OF THE CITY OF MIAMI'S PERMITTING PROCESS FOR A FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS (FICPA) EVENT SCHEDULED FOR APRIL 15, 2011. DISCUSSED A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Suarez absent, waiving the time required to submit applications in connection with the City of Miami's permitting process for an FICPA event scheduled for April 15, 2011, further authorizing the issuance of a permit as long as all other requirements are met for the event. NA.3 RESOLUTION City ofMiami Page 33 Printed on 3/29/2011 City Commission Marked Agenda March 24, 2011 11-00291 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING DEREK COLE AS A MEMBER OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD. R-11-0134 MOVED: SECONDED: Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez NA.4 RESOLUTION 10-00825 A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY Office of the City ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. Clerk APPOINTEES: NOMINATED BY: Miriam Urra Chairman Wifredo (Willy) Gort Michael G. Barket Commissioner Marc David Sarnoff Charles J. Flowers Commissioner Richard Dunn II James Dixon AFSCME 871 10-00825 EOACCMemo.pdf R-11-0089 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item BC.7 (File ID 10-00825) from the March 10, 2011, Miami City Commission Meeting, will be heard at the Commission Meeting scheduled for April 14, 2011. ADJOURNMENT The meeting was adjourned at 7:46 p.m. City ofMiami Page 34 Printed on 3/29/2011