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HomeMy WebLinkAboutCC 2011-04-28 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, April 28, 2011 9:00 AM City Hall Commission Chambers CONTENTS Items 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 PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 2:00 pm. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS City of Miami Page 1 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 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 5/4/2011 City Commission Marked Agenda April 28, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 11-00379 Honoree Presenter Protocol Item National Community Mayor Regalado Proclamation Development Week Arbor Day Commissioner Suarez Proclamation Ana Rodriguez, NET Commissioner Suarez Certificate of Appreciation 11-00379 Protocol Items.pdf PRESENTED 1. Mayor Regalado recognized "Bring Your Child to Work Day", welcoming all of the children attending today's event, in addition to congratulating the children whose essays received awards from the City of Miami's "Green Miami" contest. 2. Mayor Regalado saluted Nola Garcia for her outstanding tenure as CEO of Battlebots IQ and the Battlebots IQ National Robotics Competition, a creative contest in which student -crafted, remote -controlled robots compete head -to -head; further applauding Professor Garcia's leadership in this unique and exciting educational milieu that features a multi -disciplinary educational robotics program providing public and private schools throughout the world with an opportunity to unleash the amazing creative potential of students. 3. Mayor Regalado paid tribute to 9-1-1 Public Safety Telecommunicators, honoring their diligent and faithful devotion to their responsibilities, and their critical contributions to preserving the security of all Miamians. 4. Mayor Regalado commemorated the Twenty -Fifth Anniversary of National Community Development Week, recognizing the outstanding accomplishments of the federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME), federal programs structured to provide services to members of our community with low to moderate incomes. 5. Commissioner Suarez applauded the National Arbor Day Foundation and the City's local sponsor, The Home Depot Foundation, for their support of this tree -planting initiative that serves as a catalyst for clean air and life-giving oxygen, while increasing property values, cutting heating and cooling costs, enhancing the economic vitality of our business areas and beautifying our communities. 6. Commissioner Suarez presented a Certificate of Appreciation to Ana Rodriguez, recognizing her exceptional service and dedication to the Flagami Office of the Neighborhood Enhancement Team, and applauded her contributions to improving the quality of life for citizens of the City of Miami. INVOCATION AND PLEDGE OF ALLEGIANCE City ofMiami Page 3 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 MAYORAL VETOES Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 28th day of April 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 9:29 a.m., recessed at 11:29 a.m., reconvened at 3:36 p.m., and adjourned at 8:55 p.m. Note for the record: Commissioner Dunn entered the chambers at 9:49 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk (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 March 24, 2011 ORDER OF THE DAY MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF APPROVING MINUTES City ofMiami Page 4 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 CA.1 11-00292 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT DONATION FROM THE MIAMI HEAT LIMITED PARTNERSHIP ("MHLP"), VALUED IN THE AMOUNT OF $28,542.84, FOR THE COMPLETE RENOVATION OF ONE ROOM TO BE USED AS A LEARN AND PLAY CENTER WITHIN THE GRAPELAND PARK RECREATION BUILDING, LOCATED AT 1550 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, CONSISTING OF NEW PAINT, WALL GRAPHICS, FURNITURE, FLOORING, NEW LIBRARY AREA WITH BOOKS, AND THE INSTALLATION OF SEVERAL NEW ELECTRONIC PLAY STATIONS, A PLASMA TELEVISION AND OTHER AMENITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ACCESS AND INDEMNIFICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MHLP, AND ANY OTHER NECESSARY DOCUMENTS, FOR SAID PURPOSES. 11-00292 Summary Form.pdf 11-00292 Legislation.pdf 11-00292 Exhibit 1.pdf R-11-0172 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 CA.2 RESOLUTION 11-00293 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of COVENANT OF CONSTRUCTION AGREEMENT, IN SUBSTANTIALLY THE Capital ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), TO ALLOW Improvements THE CITY OF MIAMI ("CITY") TO CONSTRUCT AND MAINTAIN Program CITY -OWNED STANDARD IMPROVEMENTS ON THE COUNTY -OWNED STREET OF NORTHWEST 17TH AVENUE, FROM NORTHWEST 1ST STREET TO NORTHWEST 3RD STREET, MIAMI, FLORIDA, CONSISTING OF A NEW GUARDRAIL AND PIPERAIL INSTALLATION ON THE WESTERN SIDEWALK, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED. 11-00293 Summary Form.pdf 11-00293 Legislation.pdf 11-00293-Submittal-Memo-Substitution for Item CA.2-Revisions to Covenant of Construction Ag 11-00293-Exhibit-S U B. pdf R-11-0173 MOVED: Frank Carollo City ofMiami Page 5 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 SECONDED: Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez END OF CONSENT AGENDA PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 11-00285 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Department of DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTALAMOUNT OF Community $400,000, FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF Development COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE CITY CAPITAL IMPROVEMENTS PROGRAM DEPARTMENT, SPECIFICALLY IN THE AMOUNT OF $250,000 TO LEGION PARK AND IN THE AMOUNT OF $150,000 TO DOUGLAS PARK, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR ELIGIBLE PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-00285 Summary Form.pdf 11-00285 Public Notice.pdf 11-00285 Legislation.pdf 11-0000285 Exhibit 1.pdf R-11-0168 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff 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 PH.2 RESOLUTION 11-00286 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Department of DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $100,000, Community FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY Development DEVELOPMENT DISTRICT 4 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO REBUILDING TOGETHER, MIAMI-DADE, INC., AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE REHABILITATION OF SINGLE FAMILY HOMES IN DISTRICT 4; AUTHORIZING THE CITY MANAGER TO City ofMiami Page 6 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY FOR SAID PURPOSE. 11-00286 Summary Form.pdf 11-00286 Public Notice.pdf 11-00286 Detail by Entity Name.pdf 11-00286 Legislation.pdf 11-00286 Exhibit 1.pdf R-11-0175 MOVED: SECONDED: UNANIMOUS Francis Suarez 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 11-00287 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF STATE Department of HOUSING INITIATIVE PROGRAM FUNDS, IN THE TOTAL AMOUNT OF Community $184,761, FROM THE FLORIDA HOMEBUYER OPPORTUNITY PROGRAM; Development ALLOCATING SAID FUNDS TO THE STRATEGIES LISTED UNDER THE APPROVED LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEAR 2010-2013, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 11-00287 Summary Form.pdf 11-00287 Public Notice.pdf 11-00287 Legislation.pdf 11-00287 Exhibit 1.pdf R-11-0176 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff 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.4 RESOLUTION 11-00294 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF STATE Department of HOUSING INITIATIVE PROGRAM FUNDS, IN THE TOTAL AMOUNT OF Community $495,364, FROM THE FORECLOSURE PREVENTION PROGRAM; Development ALLOCATING SAID FUNDS, TO THE STRATEGIES LISTED UNDER THE APPROVED LOCAL HOUSING ASSISTANCE PLAN, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY City ofMiami Page 7 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 11-00294 Summary Form.pdf 11-00294 Public Notice.pdf 11-00294 Pre Legislation.pdf 11-00294 Legislation.pdf 11-00294 Exhibit 1.pdf R-11-0177 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff 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 11-00295 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Department of AMENDMENT ONE TO THE FISCAL YEAR 2009-2010 COMMUNITY Community DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT SPECIAL Development GRANT AGREEMENT BETWEEN THE CITY OF MIAMI AND RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., IN SUBSTANTIALLY THE ATTACHED FORM, TO CHANGE THE ACTIVITY BENEFITING LOW TO MODERATE INCOME PERSONS, FROM "JOB CREATION" TO "AREA BENEFIT. 11-00295 Summary Form.pdf 11-00295 Special Grant Agreement 2010.pdf 11-00295 Pre Legislation.pdf 11-00295 Legislation.pdf 11-00295 Exhibit.pdf R-11-0178 MOVED: Marc David Sarnoff 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 PH.6 RESOLUTION 11-00296 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGERS RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PROCUREMENT OF ENVIRONMENTAL CONSULTING, ASSESSMENT City ofMiami Page 8 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 FR.1 11-00297 Department of Building and Zoning AND CONTAMINATION CLEANUP SERVICES, FROM CHEROKEE ENTERPRISES, INC., FOR THE CITY OF MIAMI OWNED BROWNFIELD PROPERTY LOCATED IN THE LIBERTY CITY NEIGHBORHOOD, AT 6200 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $200,000, FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CLEANUP GRANT, TO CHEROKEE FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 11-00296 Summary Form.pdf 11-00296 Memo- Waiver of Competitive Bidding.pdf 11-00296 Notice of Public Hearing.pdf 11-00296 Legislation.pdf 11-00296 Exhibit.pdf R-11-0174 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 END OF PUBLIC HEARINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY ADDING A NEW SECTION 2-211, ENTITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE," CREATING AND IMPLEMENTING A PROCESS FOR THE DENIAL OR REVOCATION OF A CERTIFICATE OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00297 Summary Form. FR/SRpdf 11-00297 Legislation.pdf 11-00297 Legislation SR (Version 2) 05-12-11.pdf MOVED: Marc David Sarnoff SECONDED: Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez City ofMiami Page 9 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 FR.2 ORDINANCE First Reading 11-00372 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE II OF THE CODE OF District2- THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, Commissioner Marc VESSELS, AND WATERWAYS/OPERATION OF VESSELS," MORE David Sarnoff PARTICULARLY BY ADDING A NEW SECTION TO ESTABLISH AN EXCLUSION/SAFETY ZONE WHEREBY NO MOTORIZED BOATING, NO MOTORIZED VESSEL, AND NO OTHER MOTORIZED WATERCRAFT ACTIVITIES MAY TAKE PLACE IN AND AROUND CERTAIN AREAS OF THE WATERS OFF CITY OF MIAMI OWNED AREAS OF BISCAYNE BAY AND DINNER KEY SPOIL ISLAND, AS SET FORTH IN "COMPOSITE EXHIBIT A," ATTACHED AND INCORPORATED, AND DESIGNATING SUCH EXCLUSION/SAFETY ZONE AS A "VESSEL EXCLUSION ZONE"; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED BUOY LINES FOR SAID EXCLUSION/SAFETY ZONE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 11-00372 Legislation.pdf 11-00372 Legislation SR (Version 2) 05-12-11.pdf 11-00372 Exhibit 1 SR 05-12-11.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 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. City ofMiami Page 10 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.2 RESOLUTION 11-00298 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE Capital ATTACHED FORM, WITH MIAMI-DADE COUNTY, A POLITICAL Improvements SUBDIVISION OF THE STATE OF FLORIDA, ACCEPTING THE AMOUNT Program OF $99,418.20, FROM THE PORT OF MIAMI AS A GRANT TO SUPPORT THE "FLORIDA EAST COAST RAILWAY QUIET ZONE STUDY," CAPITAL IMPROVEMENTS PROGRAM PROJECT B-40268. 11-00298 Summary Form.pdf 11-00298 Legislation.pdf 11-00298 Exhibit 1.pdf R-11-0170 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 11-00299 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Department of INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, Capital WITH MIAMI-DADE COUNTY ("COUNTY"), A POLITICAL SUBDIVISION OF Improvements THE STATE OF FLORIDA, REPLACING THE INTERLOCALAGREEMENT Program THAT WAS EXECUTED PURSUANT TO RESOLUTION NO. 07-0272, ADOPTED MAY 10, 2007, TO CONTINUE TO ALLOW THE CITY OF MIAMI TO RECEIVE ITS PORTION OF MUNICIPAL SHARE FUNDS FROM THE CHARTER COUNTY TRANSIT SYSTEM SURTAX ("SURTAX") FOR TRANSPORTATION AND TRANSIT PROJECTS, AND TO ALLOW THE USE OF THE SURTAX FOR ON -DEMAND TRANSPORTATION SERVICES, PRE -ARRANGED TWENTY-FOUR HOURS IN ADVANCE, FOR LOW-INCOME SENIORS WHO ARE AGED 65 YEARS OR OLDER AND INDIVIDUALS WITH DISABILITIES. City ofMiami Page 11 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 11-00299 Summary Form.pdf 11-00299 Pre-Legislation.pdf 11-00299 Legislation.pdf 11-00299 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo 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.3 was deferred to the Commission Meeting scheduled for May 12, 2011. RE.4 RESOLUTION 11-00300 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED Department of PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED Capital DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," Improvements WITH "ATTACHMENT A - 4/28/11 REVISED," ATTACHED AND Program INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 11-00300 Summary Form.pdf 11-00300 Pre - Legislations.pdf 11-00300 Legislation.pdf 11-00300 Exhibit 1.pdf R-11-0179 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.5 RESOLUTION 11-00301 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONTRACT Department of WITH GIANNETTI CONTRACTING CORP., FOR THE NORTH BAYSHORE Capital DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, FOR PAYMENT Improvements OF THE FINANCIAL INCENTIVE AS PER THE CONTRACT, IN AN Program AMOUNT NOT TO EXCEED $76,968.26, THEREBY INCREASING THE AWARD VALUE FROM $1,539,365.24, TO AN AMOUNT NOT TO EXCEED $1,616,333.50; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-50658; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 12 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 11-00301 Summary Form.pdf 11-00301 Letter - Drainage Project CIP B#50658.pdf 11-00301 Pre - Legislation.pdf 11-00301 Legislation.pdf 11-00301 Exhibit 1.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.6 RESOLUTION 11-00314 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MARCH 1, 2011, PURSUANT TO INVITATION FOR BIDS NO. 10-11-014, FROM TEXAS AQUATIC HARVESTING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITYWIDE CANAL CLEANING CONTRACT, M-0058," IN AN ANNUAL AMOUNT NOT TO EXCEED $812,971, FORA TWO (2) YEAR CONTRACT TOTAL AMOUNT OF $1,625,942; AUTHORIZING UP TO THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $812,971, SUBJECT TO THE AVAILABILITY OF FUNDING AND CONTRACTORS PERFORMANCE; ALLOCATING SAID FUNDS, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.208000.534000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00314 Summary Form.pdf 11-00314 Legislation.pdf 11-00314 Exhibit 1.pdf R-11-0180 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 RE.7 RESOLUTION 11-00316 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE Capital ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF Improvements TRANSPORTATION ("FDOT"), FOR THE US-1 ROADWAY Program IMPROVEMENTS AND WALL REPLACEMENT PHASE II PROJECT, B-30542A ("PROJECT"); ACCEPTING THE CONTRIBUTION OF FDOT FUNDS, IN THE AMOUNT NOT TO EXCEED $83,537, FOR SAID City ofMiami Page 13 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 RE.8 11-00269 Department of Parks and Recreation PROJECT. 11-00316 Summary Form.pdf 11-00316 Legislation.pdf 11-00316 Exhibit 1.pdf R-11-0181 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED FEBRUARY 1, 2011, PURSUANT TO INVITATION FOR BID NO. 260254, FROM COMMERCIAL ENERGY SPECIALIST, INC. FOR GROUP 1, AND FROM PRO STAR POOL SUPPLIES FOR GROUP 2, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON A GROUP -BY -GROUP BASIS, FOR THE PROVISION OF SWIMMING POOL CHEMICALS AND SUPPLIES AND BULK LIQUID CHLORINE AND STORAGE TANK RENTAL, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00269 Summary Form.pdf 11-00269 Award Recommendation Form.pdf 11-00269 Tabulation of Bids.pdf 11-00269 Invitation for Bids.pdf 11-00269 Legislation.pdf MOVED: Francis Suarez 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 RE.9 RESOLUTION 11-00192 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ENDORSING THE MIAMI TROLLEY PROGRAM AS Department of DESCRIBED HEREIN AND DIRECTING THE CITY MANAGER TO Capital PROCEED WITH THE IMPLEMENTATION OF THE HEALTH/STADIUM Improvements DISTRICT TROLLEY AND THE BISCAYNE/BRICKELL TROLLEY SERVICE Program AND THE ADDITIONAL OPTIONAL ROUTES OF OVERTOWN/ALLAPATTAH AND CORAL WAY, AS STATED HEREIN; AUTHORIZING THE ADMINISTRATION TO CHARGE A $1.00 FARE PER City ofMiami Page 14 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 TROLLEY BOARDING, FOR REGULAR SCHEDULED SERVICE AND $2.00 PER TROLLEY BOARDING, FOR SPECIAL EVENT/CHARTER SERVICE; FURTHER APPROVING A COLOR SCHEME FOR THE EXTERIOR PAINT OF THE TROLLEY VEHICLES CONSISTENT WITH THE OFFICIAL CITY OF MIAMI COLORS. 11-00192 Summary Form.pdf 11-00192 Legislation.pdf 11-00192 Exhibit 1.pdf 11-00192-Submittal-Adminstration-Potential Trolley Color Schemes.pdf R-11-0182 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.10 RESOLUTION 11-00317 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. 11-0073, ADOPTED FEBRUARY 24, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00317 Summary Form.pdf 11-00317 Legislation.pdf 11-00317 Exhibit 1 SUB.pdf R-11-0183 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II ABSENT: Commissioner(s) Carollo and Suarez RE.11 RESOLUTION 11-00378 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, District2- FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT, TWO (2) Commissioner Marc EVENT LIMITATION PER PROPERTY PER YEAR PERMIT, IN ORDER TO David Sarnoff HOST AN OPEN AIR RETAIL, PLACE OF ASSEMBLY, AND RECREATIONAL ESTABLISHMENT FROM MAY 1, 2011 THROUGH APRIL 30, 2014, AS STATED HEREIN. 11-00378 Legislation.pdf 11-00378-Submittal-District 2 Office -Grand Central Park Depiction.pdf City ofMiami Page 15 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 R-11-0184 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 END OF RESOLUTIONS DI.1 DISCUSSION ITEM 11-00323 Office of Strategic Planning, Budgeting, and Performance DISCUSSION ITEM MONTHLY UPDATE OF FINANCIAL OUTLOOK FOR FY 11. 11-00323 Summary Form.pdf DISCUSSED END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 pm. PZ.1 RESOLUTION 10-00581mu 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 11 TH 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 ofMiami Page 16 Printed on 5/4/2011 City Commission Marked Agenda April 28, 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 ofMiami Page 17 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 10-00581mu CC 04-28-11 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 10-00581mu Table of Contents. pdf 10-00581 mu Article I. A. Letter of Intent. 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 10-00581mu Article I. E. Disclosure of Ownership - RNG Overtown LLC.pdf 10-00581 mu Article I. F. Ownership Affidavit - RNG Overtown LLC. pdf 10-00581mu 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 10-00581muArticle 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 10-00581mu Article I. P. City of Miami Zoning Atlas. pdf 10-00581mu Article I. Q. City of Miami Future Land Use Map.pdf 10-00581mu 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 10-00581 mu Article I. V. Zoning Write-Up.pdf 10-00581 mu Article II. Project Description.pdf 10-00581muArticle 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 10-00581mu 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: Frank Carollo SECONDED: UNANIMOUS Richard Dunn II Motion that this matter be DEFERRED PASSED by the following vote. City ofMiami Page 18 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item PZ.1 was deferred to the Commission Meeting scheduled for June 23, 2011. PZ.2 RESOLUTION 11 -00027xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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. 11-00027xc CC 04-28-11 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 11-0027xc-Submittal-Ben Fernandez -Little River Zoning Request. pdf 11-00027xc-Submittal-Ben Fernandez -Little River Club-Misc. Docs.Presented to Support Reque 11-00027-Submittal-BenFernandez-Permit Application for Address 755 NE 79th Street. pdf 11-00027xc-Submittal-Alfredo Carrero-Email in Opposition to the Approval of Exception for Little R-11-0185 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff 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.3 ORDINANCE Second Reading City ofMiami Page 19 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 11-00022zt PZ.4 11-00113Iu 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, SPECIFICALLY BY AMENDING ARTICLE 1, ENTITLED "DEFINITIONS," ARTICLE 3, ENTITLED "GENERAL TO ZONES," AND ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES", TO FACILITATE DEVELOPMENT OF AFFORDABLE HOUSING BY PROVIDING INCENTIVES INCLUDING MODIFICATIONS OF ARCHITECTURAL AND DESIGN STANDARDS AND PARKING REDUCTIONS IN CERTAIN TRANSECT ZONES; 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 with modifications* to City Commission on January 19, 2011 by a vote of 8-1. *See supporting documentation. PURPOSE: This will facilitate development of affordable housing by providing incentives including modifications of architectural and design standards and parking reductions in certain transect zones. 11-00022zt CC SR 05-12-11 Fact Sheet.pdf 11-00022zt PZAB Reso.pdf 11-00022zt CC Legislation (Version 4).pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Marc David Sarnoff 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.3 was deferred to the Commission Meeting scheduled for May 12, 2011. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3242 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 20 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 PZ.5 11-00113zc LOCATION: Approximately 3242 Charles Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of 3242 Charles LLC and Stirrup Properties FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 20, 2011. See companion File ID 11-00113zc and related File Ds 11-001131u1 & 11-00113zc1. PURPOSE: This will change the above properties to "Low Density Restricted Commercial'. 11-001131u CC FR 04-28-11 Fact Sheet.pdf 11-001131u CCAnalysis.pdf 11-0001131u Land Use Maps.pdf 11-001131u Aerial Map.pdf 11-001131u Miami -Dade County Public Schools Concurrency.pdf 11-001131u Application & Supporting Documents.pdf 11-001131u CC Legislation (Version 2).pdf 11-001131u & 11-00113zc Exhibit A.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY TO "T4-L" GENERAL URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" OVERLAY, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3242 CHARLES AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 2] Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 PZ.6 11-00113Iu1 LOCATION: Approximately 3242 Charles Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of 3242 Charles LLC and Stirrup Properties FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 20, 2011. See companion File ID 11-001131u and related File Ds 11-001131u1 & 11-00113zc1. PURPOSE: The proposed zoning change will allow a broader range of uses for the historically -designated Stirrup House, which encourages the preservation of the historic structure. 11-00113zc CC FR 04-28-11 Fact Sheet.pdf 11-00113zc Analysis. pdf 11-00113zc Miami21 Maps.pdf 11-00113zcAerial Map.pdf 11-00113zcApplication & Supporting Documents.pdf 11-00113zc CC Legislation (Version 2).pdf 11-001131u & 11-00113zc Exhibit A.pdf 11-00113zc-Submittal-Williams A. Armbrister-Petitions in Opposition to any Land Use or Zoning MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227-47 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 22 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 PZ.7 11-00113zc1 LOCATION: Approximately 3227-47 Charles Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Heagrand, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 20, 2011. See companion File ID 11-00113zc1 and related File Ds 11-001131u & 11-00113zc. PURPOSE: This will change the above properties to "Major Institutional, Public Facilities, Transportation and Utilities". 11-001131u1 CC FR 04-28-11 Fact Sheet.pdf 11-001131u1 CCAnalysis.pdf 11-001131u1 Land Use Maps.pdf 11-00131u1 Aerial Map.pdf 11-001131u1 Miami -Dade County Public School Concurrency.pdf 11-001131u1 CC Application & Supporting Documents.pdf 11-001131u1 CC Legislation (Version 2).pdf 11-001131u1 & 11-00113zc1 ExhibitA.pdf 11-001131u-Submittal-Williams A. Armbrister-Petitions in Opposition to any Land Use or Zoning MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY TO "Cl" CIVIC INSTITUTION TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" OVERLAY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3227-47 CHARLES AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 23 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 PZ.8 11-00116zc LOCATION: Approximately 3227-47 Charles Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Heagrand, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 20, 2011. See companion File ID 11-001131u1 and related File IDs 11-001131u & 11-00113zc. PURPOSE: The proposed zoning change will allow greater Densities and Intensities on the site, which abuts the Coconut Grove Playhouse on the north and east. 11-00113zc1 CC FR 04-28-11 Fact Sheet.pdf 11-00113zc1 Analysis.pdf 11-00113zc1 Miami21 Maps.pdf 11-00113zc1 Aerial Map.pdf 11-00113zc1 CC Application & Supporting Documents.pdf 11-00113zc1 Survey.pdf 11-00113zc1 CC Legislation (Version 2).pdf 11-001131u1 & 11-00113zc1 ExhibitA.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-O" GENERAL URBAN TRANSECT ZONE TO "T5-O" URBAN CENTER TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2710, 2720, 2728 SOUTHWEST 23RD STREET AND 2719, 2729 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 24 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 PZ.9 10-01242zt LOCATION: Approximately 2710, 2720, 2728 SW 23rd Street and 2719, 2729 SW 23rd Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of South Florida Educational Federal Credit Union FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on March 16, 2011 by a vote of 7-1. PURPOSE: The proposed zoning change will allow a broader range of uses and greater density and intensity. The applicant will proffer a covenant for these properties. 11-00116zc CC FR 04-28-11 Fact Sheet.pdf 11-00116zc CC Analysis.pdf 11-00116zc Miami 21 Maps.pdf 11-00116zcAerial Map.pdf 11-00116zc PZAB Reso.pdf 11-00116zcApplication & Supporting Docs.pdf 11-00116zc CC Legislation (Version 2).pdf 11-00116zc ExhibitA.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Direction by Commissioner Suarez to the Administration for the Planning Director to address within 30 days, a glitch with Miami 21 that affects the proposed project outlined in PZ.8. Note for the record: Item PZ.8 was deferred to the Commission Meeting scheduled for July 28, 2011. 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 5/4/2011 City Commission Marked Agenda April 28, 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 04-28-11 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: Frank Carollo 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.10 ORDINANCE First Reading 11-00151zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, SECTION 7.2.3, ENTITLED "ALTERATIONS AND EXPANSION OF NONCONFORMING STRUCTURES", BY MODIFYING CRITERIA FOR ALTERATION OF CERTAIN NONCONFORMING STRUCTURES; 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 March 16, 2011 by a vote of 5-3. PURPOSE: This will modify the maximum expansion of nonconforming structures by removing horizontal and vertical maximum limitations and will allow expansion up to fifty percent (50%) of the existing square footage. City ofMiami Page 26 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 PZ.11 11-00195zt 11-00151zt CC FR 04-28-11 Fact Sheet.pdf 11-00151zt PZAB Reso.pdf 11-00151zt CC Legislation (Version 2).pdf MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.13, ENTITLED "SUSTAINABILITY", MODIFYING THE PROCESS FOR BOND REQUIREMENTS AND DOCUMENTATION NEEDED FOR GREEN CERTIFICATION AND PROVIDING A PRO -RATED FORMULA FOR NONCOMPLIANCE; 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 (PZAB): Recommended approval with modifications* to City Commission on March 16, 2011 by a vote of 8-0. *See PZAB Resolution. PURPOSE: This will modify the process for bond requirements for green building certification and introduce a pro -rated formula for non-compliance with the green certification as required by the Zoning Code. 11-00195zt CC FR 04-28-11 Fact Sheet.pdf 11-00195zt PZAB Reso.pdf 11-00195zt CC Legislation (Version 3).pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.12 RESOLUTION 06-00840x1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 27 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, 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, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOW A 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. 06-00840x1 CC 04-28-11 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 R-11-0171 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 PZ.13 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. City ofMiami Page 28 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 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. 09-01464za CC 04-28-11 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: 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: PZ.13 was deferred to the Commission Meeting scheduled for June 23, 2011. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 City ofMiami Page 29 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 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 11-00399 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR RICK SCOTTAND THE District3- MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE THE Commissioner Frank LANGUAGE FOUND IN 2011 SESSION HOUSE BILL 1363, RELATING TO Carollo THE DEPARTMENT OF TRANSPORTATION, CREATING A STATUTE THAT LIMITS THE ABILITY OF MUNICIPALITIES TO ESTABLISH FEES CHARGED IN CONNECTION WITH SIGN PERMITS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-00399-Legislation. pdf 11-03999-Exhi bit. pdf R-11-0169 MOVED: SECONDED: UNANIMOUS Frank Carollo Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II NA.2 RESOLUTION 11-00373 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUATION OF THE SALARY AND BENEFITS PROVIDED TO VICTOR I. IGWE AS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO RESOLUTION NO. 07-0161, ADOPTED MARCH 8, 2007, FORA PERIOD OF SIXTY (60) DAYS, AS STATED HEREIN. City ofMiami Page 30 Printed on 5/4/2011 City Commission Marked Agenda April 28, 2011 R-11-0186 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 NA.3 DISCUSSION ITEM 11-00410 COMMISSIONER DUNN INVITED LEADERS AND MEMBERS OF THE COMMUNITY FROM DISTRICT 5 TO PRESENT THEIR PERSPECTIVE AND INTERPRETATION OF CRIME STATISTICS IN THE CITY OF MIAMI. 11-00410-Submittal-Distric 5 Office -Memo from Lt. Raimundo Socorro.pdf DISCUSSED ADJOURNMENT The meeting adjourned at 8:55 p.m. City ofMiami Page 31 Printed on 5/4/2011