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HomeMy WebLinkAboutCC 2011-07-28 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 Johnny Martinez, 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, July 28, 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) The Planning and Zoning item(s) shall not be considered before 2:00 PM. MAYOR AND COMMISSIONERS' ITEMS City of Miami Page 1 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 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 8/10/2011 City Commission Marked Agenda July 28, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00690 PRESENTATION Honoree The Life/Legacy of The Honorable John D. Edward Blanco Thomas Higgs & Wendell Williams Presenter Protocol Item Mayor Regalado Special Tribute Johnson 11-00690 Protocol Item.pdf Mayor Regalado Certificate of Appreciation Commissioner Sarnoff Certificates of Appreciation 1. Mayor Regalado paid special tribute to The Honorable John David Johnson, a Miami pioneer, civil rights leader and Miami -Dade County's second Black judge since Reconstruction, whose predominant sentiment during an extraordinary 50-year legal career was a deep devotion to the cause of human rights with a strong and passionate conviction that the United States legal system should fight to uphold our Constitution, its democratic quest and the vision of equality of opportunity in social, civil, cultural and community affairs it frames. 2. Mayor Regalado presented a certificate of appreciation to Edward Blanco, recognizing his twenty-seven years of service and dedication as a career professional in the City of Miami, and applauded Mr. Blanco's outstanding skills and knowledge in his commitment to elevating the quality of life in the City of Miami. 3. Commissioner Suarez saluted Dr. Miguel A. Machado for his recent selection as President -Elect of the Florida Medical Association, joining Dr. Machado's peers in recognition of his outstanding career in which he provided medical expertise in South Florida hospitals and his strong advocacy for Florida physicians and their patients. 4. Commissioner Suarez presented a commendation to Kareem Lodge in appreciation of his "Random Acts of Kindness" and refreshing generosity of spirit as a welcoming presence at Miami International Airport. 5. Mayor Regalado presented special awards to four Small Business Association National Award Winners for their achievements in creating and sustaining successful small businesses that serve as an epitome to American entrepreneurship. 6. Commissioner Dunn presented a proclamation in recognition of Youth Development, Employment, and Civic Engagement Challenge Week, marking the first anniversary of the Urban Renewal Greater Enhancement National Team's (Urgent, Inc.) important collaboration with the City of Miami on the development of youth participation in both civic and work areas by encouraging youth participation in career development and community service activities. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 28th day of July 2011, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Gort at 9:28 a.m., recessed at 12:27 p.m., reconvened at 3:18 p.m., recessed at 6:08 p.m., reconvened at 6:16 p.m., and adjourned at 10:07 p.m. City ofMiami Page 3 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 Note for the record: Commissioner Suarez entered the chambers at 9:39 a.m. 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 June 23, 2011 ORDER OF THE DAY MOVED: SECONDED: Frank Carollo Richard Dunn II Motion to APPROVED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez END OF APPROVING MINUTES City ofMiami Page 4 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 CA.1 11-00569 Department of Purchasing CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MAY 31, 2011, PURSUANT TO INVITATION FOR BID NO. 267266, FROM DIVE RESCUE INTERNATIONAL, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR MARINE EQUIPMENT, PARTS AND SUPPLIES, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00569 Summary Form.pdf 11-00569 Award Recommendation Form.pdf 11-00569 Tabulation of Bids.pdf 11-00569 Detail by Entity Name.pdf 11-00569Addendum No. 1.pdf 11-00569 Invitation for Bid.pdf 11-00569 Legislation.pdf R-11-0331 This Matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 11-00570 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MAY 13, 2011, PURSUANT TO INVITATION FOR BID NO. Department of Police 261241, FROM COMPUTER BASED ASSOCIATES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF REMOVAL AND INSTALLATION OF MOBILE DIGITAL COMPUTERS, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE-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. 11-00570 Summary Form.pdf 11-00570 Tabulation .pdf 11-00570 Removal & Installation - Reference Checks.pdf 11-00570Addendum No.1.pdf 11-00570 Invitation For Bid.pdf 11-00570 Legislation.pdf MOVED: Frank Carollo SECONDED: Richard Dunn II Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez City ofMiami Page 5 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 CA.3 RESOLUTION 11-00601 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ADDITIONAL GRANT FUNDS FROM THE Department of STATE OF FLORIDA DEPARTMENT OF HEALTH, IN AN AMOUNT NOT TO Capital EXCEED $115,130, FOR THE AMERICAN RECOVERY AND Improvements REINVESTMENT ACT (ARRA) CITYWIDE BICYCLE RACK AND SIGNAGE Program PROJECT, B-30694; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 4 TO THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. CA.4 11-00601 Summary Form.pdf 11-00601 Pre-Legislation.pdf 11-00601 Legislation.pdf 11-00601 Exhibit 1.pdf R-11-0332 This Matter was ADOPTED on the Consent Agenda. RESOLUTION 11-00611 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT Department of DONATION VALUED AT APPROXIMATELY $59,450, FROM FLORIDA Capital COMMUNITY LIGHTING, INC., FOR THE INSTALLATION OF STREET Improvements LIGHTING POLES ALONG RICE STREET BETWEEN FLORIDA AVENUE Program AND OAK AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCESS, INDEMNIFICATION AND ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, COVERING THE DONATION, TEMPORARY ACCESS RIGHTS AND ONE (1) YEAR MAINTENANCE WARRANTY. 11-00611 Summary Form.pdf 11-00611 Letter - FCL.pdf 11-00611 Legislation.pdf 11-00611 Exhibit 1.pdf CA.5 11-00661 Department of Solid Waste R-11-0312 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT WITH MIAMI SHORES VILLAGE ("MIAMI SHORES"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF AT LEAST THREE (3) YEARS, COMMENCING ON THE DATE OF City ofMiami Page 6 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 EXECUTION AND REMAINING IN EFFECT UP TO AND INCLUDING OCTOBER 1, 2015, WITH UP TO TWO (2) OPTIONS TO RENEW ON A YEAR -BY -YEAR BASIS, FOR USE OF THE CITY OF MIAMI ("CITY") VIRGINIA KEY COMPOST/MULCH FACILITY FOR MIAMI SHORE'S DISPOSAL OF CLEAN YARD TRASH AT AN AGREED -UPON CITY DISPOSAL FEE RATE. 11-00661 Summary Form.pdf 11-00661 Legislation.pdf 11-00661 Exhibit 1.pdf R-11-0309 This Matter was ADOPTED on the Consent Agenda. Note for the record: Item CA.5 was initially passed as part of the Consent Agenda. However, the Consent Agenda was reconsidered so that CA.5 could be pulled for discussion. As a result, a separate vote was taken for CA.5 which appears outside of the items adopted on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: ABSENT: CA.5 11-00661 Department of Solid Waste Frank Carollo Richard Dunn II Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Commissioner(s) Suarez A motion was made by Commissioner Sarnoff, seconded by Commissioner Dunn, and was passed unanimously, TO RECONSIDER the Consent Agenda. A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Suarez absent, TO ADOPT the remaining items on the Consent Agenda (Items CA.1 and CA.3). Note for the record: After the Consent Agenda was reconsidered, Item CA.5 was pulled from the Consent Agenda for disucssion, leaving Items CA.1 and CA.3 as the only items remaining on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT WITH MIAMI SHORES VILLAGE (MIAMI SHORES.), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF AT LEAST THREE (3) YEARS, COMMENCING ON THE DATE OF EXECUTION AND REMAINING IN EFFECT UP TO AND INCLUDING OCTOBER 1, 2015, WITH UP TO TWO (2) OPTIONS TO RENEW ON A YEAR -BY -YEAR BASIS, FOR USE OF THE CITY OF MIAMI ("CITY") VIRGINIA KEY COMPOST/MULCH FACILITY FOR MIAMI SHORE'S DISPOSAL OF CLEAN YARD TRASH AT AN AGREED -UPON CITY DISPOSAL FEE RATE. 11-00661 Summary Form.pdf 11-00661 Legislation.pdf 11-00661 Exhibit 1.pdf R-11-0309 City ofMiami Page 7 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo END OF CONSENT AGENDA PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 11-00658 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Department of TO CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC. Community ("CAMACOL"), IN THE AMOUNT OF $50,000, FROM THE DISTRICT 4 Development ECONOMIC DEVELOPMENT RESERVE ACCOUNT, FOR ECONOMIC DEVELOPMENT ACTIVITIES ASSOCIATED WITH COMMERCIAL FA?ADE AND CODE COMPLIANCE PROJECTS IN DISTRICT4; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH CAMACOL, FOR SAID PURPOSE. 11-00658 Summary Form.pdf 11-00658 Notice to the Public.pdf 11-00658 Pre-Legislation.pdf 11-00658 Legislation.pdf R-11-0313 MOVED: SECONDED: UNANIMOUS Francis Suarez 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 11-00573 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BIG FISH", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF City ofMiami Page 8 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 MIAMI-DADE COUNTY, FLORIDA. 11-00573 Summary Form.pdf 11-00573 Notice to the Public.pdf 11-00573 Legislation.pdf 11-00573 Exhibit 1.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 PH.2 was deferred to the Commission Meeting scheduled for September 15, 2011. PH.3 RESOLUTION 11-00574 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "HAITIAN EMMANUEL BAPTIST CHURCH", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 11-00574 Summary Form.pdf 11-00574 Notice to the Public.pdf 11-00574 Legislation.pdf 11-00574 Exhibit 1.pdf R-11-0314 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 11-00576 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDAASAMENDED; WAIVING THE REQUIREMENTS FOR City ofMiami Page 9 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 PH.5 11-00603 Department of Parks and Recreation SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF GRANTS ADMINISTRATION, EDUCATION INITIATIVES THAT EXCEPTIONAL CONSULTING EDUCATIONAL LEADERS, INC. AND CONEE, INC., BOTH FLORIDA FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY WORKSHOPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH PARENTING SERVICES AT VARIOUS CHILD CARE CENTERS WITHIN THE CITY FOR THE FAMILIES FIRST PARENTING PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH: EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC, IN AN AMOUNT NOT TO EXCEED $72,000 AND CONEE, INC., IN AN AMOUNT NOT TO EXCEED $18,000, EACH FOR A PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS; SUBJECT TO CONSULTATION WITH THE CITY ATTORNEY AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00576 Summary Form.pdf 11-00576 Waiving Competitive Bidding - ECEL.pdf 11-00576 Waiving Competitive Bidding - Conee, Inc.pdf 11-00576 Notice to the Public.pdf 11-00576 Legislation.pdf 11-00576 Exhibit 1.pdf R-11-0303 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 RESOLUTION 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 RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION ("PARKS DEPARTMENT) THAT AMIGOS TOGETHER FOR KIDS, INC. D/B/AAMIGOS FOR KIDS, ARTS FOR LEARNING/MIAMI, City ofMiami Page 10 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 INC., AND MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC., ALL FLORIDA NOT -FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY WORKSHOPS AND OTHER SUCH ACTIVITIES, IN CONJUNCTION WITH EDUCATIONAL AND PARK SERVICES ATAFRICAN SQUARE PARK, JUAN PABLO DUARTE PARK, JOSE MARTI PARK, SHENANDOAH PARK AND WEST END PARK FOR THE HEART OF OUR PARKS OUT OF SCHOOL PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, EXTENSIONS, AMENDMENTS, AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH: AMIGOS TOGETHER FOR KIDS, INC., D/B/A AMIGOS FOR KIDS IN AN AMOUNT NOT TO EXCEED $68,758, ARTS FOR LEARNING/MIAMI, INC., IN AN AMOUNT NOT TO EXCEED $43,776, AND MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC., IN AN AMOUNT NOT TO EXCEED $86,281, EACH FOR A PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS SUBJECT TO CONSULTATION WITH THE CITY ATTORNEY AND SUBJECT TO BUDGETARY APPROVAL. 11-00603 Summary Form.pdf 11-00603 Waiving Competitive Bidding -Arts for Learning.pdf 11-00603 Waiving Competitive Bidding -Amigos for Kids.pdf 11-00603 Waiving Competitive Bidding - Miami -Dade Family Learning.pdf 11-00603 Notice to the Public.pdf 11-00603 Legislation.pdf 11-00603 Exhibit 1.pdf R-11-0304 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 PH.6 RESOLUTION 11-00530 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 RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDAASAMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF GRANTS ADMINISTRATION, EDUCATION INITIATIVES THAT ARTS FOR City ofMiami Page 11 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 LEARNING/MIAMI, INC., AND STRONG WOMEN, STRONG GIRLS, INC., FLORIDA NOT -FOR PROFIT CORPORATIONS, AND MAD SCIENCE SOUTH FLORIDA, INC., AND ON TARGET MATHEMATICS EDUCATIONAL PRODUCTS AND SERVICES, INC., FLORIDA FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY WORKSHOPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL SERVICES AT HOLMES ELEMENTARY SCHOOL FOR THE MIAMI LEARNING ZONE OUT OF SCHOOL PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH: ARTS FOR LEARNING/MIAMI, INC., IN AN AMOUNT NOT TO EXCEED $14,000, MAD SCIENCE SOUTH FLORIDA, INC., IN AN AMOUNT NOT TO EXCEED $27,000, AND ON TARGET MATHEMATICS EDUCATIONAL PRODUCTS AND SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $14,200, AND STRONG WOMEN, STRONG GIRLS, INC. (WHICH IS DONATING SERVICES), EACH FORA PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS. 11-00530 Summary Form.pdf 11-00530 Memo - Target Mathematics Edu.pdf 11-00530 Memo -Arts for Learning -Miami, Inc.pdf 11-00530 Memo - Mad Science South Florida, Inc.pdf 11-00530 Memo - Strong Women, Strong Girls, Inc.pdf 11-00530 Legislation.pdf 11-00530 Exhibit 1.pdf 11-00530 Notice to the Public 07-28-11.pdf R-11-0305 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 2:00 P.M. PH.7 ORDINANCE Second Reading 11-00541 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, District 2- PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE Commissioner Marc PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI, David Sarnoff RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "BRICKELL CITICENTRE" ON APPROXIMATELY ±9.03 ACRES, ZONED City ofMiami Page 12 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 SR.1 11-00531 Department of Public Works BRICKELL CITICENTRE SPECIAL AREA PLAN ('BCC SAP"), BOUNDED ROUGHLY BY NORTHEAST 6TH STREET TO THE NORTH, 8TH STREET TO THE SOUTH, BRICKELL AVENUE TO THE EAST, AND SOUTHWEST 1ST AVENUE TO THE WEST, MIAMI, FLORIDA ("PROJECT BOUNDARIES"), FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC SAP AND PERMITTED BY THE EXISTING T6-48B 0 TRANSECT DESIGNATION; AUTHORIZING A DENSITY OF APPROXIMATELY 150 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 14; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 683 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET AND 160 FEET FOR PHASE 1/1AAND PHASE II, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO PERMIT THE CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND PERMIT CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17 OF THE CITY CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE OF THE PROJECT BOUNDARIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00541 Notice of Intent - Develop. Agrmt. SR 07-28-11.pdf 11-00541 Legislation SR (Version 2) 07-28-11.pdf 11-00541 Exhibit 1 SR 07-28-11.pdf 13278 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, OR SIDEWALK OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES", BY MODIFYING THE DURATION OF TIME SUBJECT TO A NON-REFUNDABLE FEE FORA PERMIT TO PARTIALLY OR FULLY OBSTRUCTA STREET OR SIDEWALK BY CONSTRUCTION RELATED ACTIVITIES; CONTAINING A SEVERABILITY City ofMiami Page 13 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 SR.2 11-00532 Department of Public Works FR.1 11-00428 Department of Building and Zoning CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00531 Summary Form FR-SR.pdf 11-00531 Legislation FR-SR.pdf 13276 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 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "SUBDIVISION REGULATIONS/BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS", TO INCLUDE AN EXCEPTION TO ALLOW A PERMIT TO BE ISSUED FOR THE CONSTRUCTION, RENOVATION OR REPAIR OF NON -HABITABLE ON -SITE IMPROVEMENTS ON UNPLATTED LAND WHEN SAID IMPROVEMENTS ARE MANDATED BY THE CHARTER OF THE CITY OF MIAMI, CITY CODE OR CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00532 Summary Form FR-SR.pdf 11-00532 Legislation FR-SR.pdf 13277 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading 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 9, ENTITLED "TEMPORARY BANNERS," CREATING A PERMITTING PROCESS AND REGULATORY SCHEME FOR TEMPORARY BANNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 14 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 11-00428 Summary Form.pdf 11-00428 Legislation (Version 2) 07-28-11.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 FR.2 ORDINANCE First Reading 11-00647 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF Department of THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC Building and Zoning BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE ORANGE BOWL DISTRICT AND REGULATIONS FOR ESTABLISHMENTS LOCATED WITHIN THE ORANGE BOWL DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00647 Summary Form.pdf 11-00647 Legislation.pdf 11-00647 Exhibit 1.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS 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 END OF FIRST READING ORDINANCES RE.1 RESOLUTION 11-00577 Department of Public Facilities RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), WHICH IS REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI ROWING AND WATERSPORTS CENTER, INC. ("LICENSEE"), A FLORIDA NONPROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 3.44 ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSE SHALL PROVIDE: 1) FORA USE PERIOD EFFECTIVE OCTOBER 1, 2010, WITH AN EXPIRATION DATE OF SEPTEMBER 30, 2015, AND A ONE (1), FIVE (5) YEAR RENEWAL OPTION, SUBJECT TO THREE (3) MONTHS PRIOR WRITTEN NOTICE BY LICENSEE, AND MUTUAL CONSENT OF THE PARTIES; 2) FOR LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY IN THE AMOUNT OF $2,000, PLUS STATE USE TAX, IF APPLICABLE; PAST DUE FEES OF City ofMiami Page 15 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 $35,650.22, TO BE PAID IN MONTHLY INSTALLMENTS OF $594.17, OVER FIFTY (50) MONTHS, INCLUDING A LUMP SUM PAYMENT OF $5,941.70; AND AN ADDITIONAL PERCENTAGE FEE OF TWELVE PERCENT (12%) OF MONTHLY GROSS REVENUES; 3) FOR AN INCREASE IN THE MONTHLY USE FEE ON OCTOBER 1, 2015, TO $2,500, PLUS STATE USE TAX, IF APPLICABLE, AND AN INCREASE IN THE ADDITIONAL PERCENTAGE FEE OF MONTHLY GROSS REVENUES TO THIRTEEN PERCENT (13%); AND 4) THAT TEN PERCENT (10%) OF ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS TO THE ROWING CLUB FACILITY; WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 11-00577 Summary Form.pdf 11-00577 Pre-Legislation.pdf 11-00577 Legislation.pdf 11-00577 Exhibit 1 SUB.pdf R-11-0315 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, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.2 RESOLUTION 11-00579 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING THE PALM BEACH COUNTY SHERIFF'S Department of OFFICE, BROWARD COUNTY SHERIFF'S OFFICE, FORT LAUDERDALE Fire -Rescue POLICE DEPARTMENT, HOLLYWOOD POLICE DEPARTMENT, NORTH MIAMI POLICE DEPARTMENT, MIAMI-DADE POLICE DEPARTMENT, MIAMI BEACH POLICE DEPARTMENT, AND THE CORAL GABLES POLICE DEPARTMENT, AS PARTICIPATING AGENCIES IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR ("FY") 2008, PURSUANT TO RESOLUTION NO. 09-0413, ADOPTED SEPTEMBER 10, 2009; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR SAID PURPOSE; ALLOCATING FUNDS FROM UASI GRANT PROGRAM FISCAL YEAR 2008, PTAEO NO. 18-180018-01.06.07-1660-EQUIP-181000. 11-00579 Summary Form.pdf 11-00579 Pre-Legislations.pdf 11-00579 Legislation.pdf 11-00579 Exhibit 1.pdf R-11-0316 MOVED: SECONDED: Richard Dunn II Frank Carollo City ofMiami Page 16 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.3 RESOLUTION 11-00582 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Department of SERVICES AGREEMENT WITH BCC ENGINEERING, INC., FOR THE Capital PROVISION OF MISCELLANEOUS CIVIL ENGINEERING SERVICES, IN AN Improvements AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE TOTAL Program CONTRACT AMOUNT FROM $1,000,000, TO AN AMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 2 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00582 Summary Form.pdf 11-00582 Pre-Legislation.pdf 11-00582 Legislation.pdf 11-00582 Exhibit 1.pdf R-11-0317 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 RE.4 RESOLUTION 11-00605 Department of Finance A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, DUE TO THE RECOMMENDATION OF THE AUDIT ADVISORY COMMITTEE, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ERNST & YOUNG, LLP, FOR THE PROVISION OF EXTERNAL AUDITING SERVICES FOR VARIOUS CITY DEPARTMENTS, PURSUANT TO REQUEST FOR PROPOSAL NO. 271251, FORA PERIOD OF ONE (1) YEAR, WITH OPTIONS TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 11-00605 Summary Form.pdf 11-00605 Specifications Scope of Work. pdf 11-00605 Letter - Evaluation Committee.pdf 11-00605 Request for Proposals.pdf 11-00605 Legislation.pdf 11-00605 Exhibit 1.pdf City ofMiami Page 17 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 R-11-0318 MOVED: SECONDED: Frank Carollo Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II NOES: Commissioner(s) Suarez RE.5 RESOLUTION 11-00606 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Department of ACCESS, INDEMNIFICATION AND ACCEPTANCE AGREEMENT, IN Capital SUBSTANTIALLY THE ATTACHED FORM, WITH BOUYGUES CIVIL Improvements WORKS FLORIDA, INC., GRANTING TEMPORARY ACCESS RIGHTS TO Program THE VIRGINIA KEY LANDFILL SITE, FOR THE DELIVERY OF DONATED TUNNEL FILL MATERIAL, TO BE USED FOR THE NECESSARY REMEDIATION OF THE LANDFILL SITE, WITH APPROVED LOCATIONS TO BE DETERMINED BY THE CITY OF MIAMI, SUBJECT TO SOIL RE -USE APPROVALS FROM MIAMI-DADE COUNTY. 11-00606 Summary Form.pdf 11-00606 Letter - Miami -Dade Solid Waste .pdf 11-00606 Legislation.pdf 11-00606 Exhibit 1 SUB.pdf 11-00606-Submittal-Memo-Va Key Landfill. pdf R-11-0319 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 RE.6 RESOLUTION 11-00599 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Department of THOSE LISTED IN RESOLUTION NO. 11-0183, ADOPTED APRIL 28, 2011 Capital AND AS PREVIOUSLY AMENDED ON JULY 14, 2011, AND REVISING Improvements CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; Program FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00599 Summary Form.pdf 11-00599 Legislation.pdf 11-00599 Exhibit 1.pdf 11-004599-Submittal-Administration-FY 2011 Capital Fund Appropriation Amendment. pdf R-11-0310 MOVED: Frank Carollo City ofMiami Page 18 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 RE.7 11-00604 Department of Parks and Recreation SECONDED: UNANIMOUS Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT TOTAL AMOUNT OF NOT TO EXCEED $419,321 , IN THE FORM OF ONE (1) REIMBURSEMENT GRANT ("GRANT") FROM THE CHILDREN'S TRUST (TRUST) TO THE CITY OF MIAMI'S ('CITY') DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT") FOR THE HEART OF OUR PARKS OUT OF SCHOOL PROGRAM ("PROGRAM"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR PARKS 2011-2012," TO FUND THE DEPARTMENTS PROGRAM ATAFRICAN SQUARE PARK, JOSE MARTI PARK, JUAN PABLO DUARTE PARK, SHENANDOAH PARK AND WEST END PARK, WITH IN -KIND SERVICES FROM THE CITY VALUED AT NOT TO EXCEED $309,160 ("CITY MATCH"); APPROPRIATING THE GRANT FUNDS AND THE CITY MATCH; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, AN AGREEMENT WITH THE TRUST (THE CHILDREN'S TRUST CONTRACT) AND TO EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARD FOR SAID PURPOSES FOR THE PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS SUBJECT TO CONSULTATION WITH THE CITY ATTORNEY AND SUBJECT TO BUDGETARY APPROVAL. 11-00604 Summary Form.pdf 11-00604 Legislation.pdf 11-00604 Exhibit 1.pdf R-11-0306 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.8 RESOLUTION 11-00648 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE City ofMiami Page 19 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 Office of the City DIRECTOR OF FINANCE TO PAY SPRINT -SPECTRUM L.P. WITHOUT Attorney ADMISSION OF LIABILITY, THE SUM OF $97,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE FOLLOWING CASES, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, SPRINT -SPECTRUM L.P., ETC. VS. CITY OF MIAMI AND MIAMI-DADE COUNTY, CASE NO.: 01-28782 CA 11, AND CITY OF MIAMI VS. SPRINT -SPECTRUM L.P., CASE NO.: 04-20914 CA 11, UPON THE EXECUTION BY SPRINT -SPECTRUM L.P. OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. 11-00648 Memo - Office of City Attorney.pdf 11-00648 Memo - Financial Signoff.pdf 11-00648 Legislation.pdf R-11-0322 MOVED: Marc David Sarnoff SECONDED: 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.9 RESOLUTION 11-00649 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING THE FINDINGS AND RECOMMENDATIONS OF THE EVALUATION COMMITTEE Department of ESTABLISHED BY THE CITY MANAGER TO EVALUATE AND RANK Capital PROPOSALS RECEIVED PURSUANT TO REQUEST FOR PROPOSALS Improvements NO. 256244, TROLLEY SERVICES FOR THE CITY OF MIAMI; FURTHER Program AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR TROLLEY OPERATIONS WITH THE TOP -RANKED FIRM, LIMOUSINES OF SOUTH FLORIDA, INC. D/B/A LSF SHUTTLE; SHOULD NEGOTIATIONS WITH LSF SHUTTLE FAIL, AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE SECOND, THIRD, AND FOURTH -RANKED FIRM, IN SUCCESSIVE ORDER; AND ALLOWING FOR A DRAFT PSA FOR TROLLEY OPERATIONS TO BE PRESENTED TO THE MIAMI CITY COMMISSION AT A FUTURE MEETING FOR APPROVAL PRIOR TO ITS EXECUTION; SUBJECT TO THERE FIRST BEING EXECUTED AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY FOR THE PROVISION OF CIRCULATOR SERVICES. 11-00649 Summary Form.pdf 11-00649 Memo - Evaluation Committee - Trolley Srvcs.pdf 11-00649 Legislation.pdf R-11-0323 MOVED: Marc David Sarnoff City ofMiami Page 20 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 SECONDED: 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.10 RESOLUTION 11-00608 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Department of AMENDMENT NUMBER 1 TO THE CONTRACT WITH AMERICAN TRAFFIC Capital SOLUTIONS, INC., IN SUBSTANTIALLY THE ATTACHED FORM, TO Improvements FURNISH, INSTALL, OPERATE AND MAINTAIN A TRAFFIC INFRACTION Program DETECTOR PROGRAM FOR THE CITY OF MIAMI, INCLUDING PROVISIONS THAT ARE MORE ADVANTAGEOUS TO THE CITY OF MIAMI. RE.11 11-00657 District 1 - Commissioner Wifredo (Willy) Gort 11-00608 Summary Form.pdf 11-00608 Pre-Legislation.pdf 11-00608 Legislation.pdf 11-00608 Exhibit 1 SUB.pdf 11-00608-Submittal-Memo-Revisions To Substitution Memo-RE.10ATS ContractAmendment.pc R-11-0324 MOVED: SECONDED: Richard Dunn II Marc David Sarnoff 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, CODESIGNATING NORTHWEST 32ND AVENUE FROM NORTHWEST 13TH STREET TO NORTHWEST 17TH STREET , MIAMI, FLORIDA, BY A FOUR -FIFTHS VOTE, AS "REV. OBEL GUZMAN WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 11-00657 Biography of Rev. Obel Guzman.pdf 11-00657 Map of Rev. Obel Guzman Way.pdf 11-00657 Legislation.pdf R-11-0325 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 City ofMiami Page 2] Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 RE.12 RESOLUTION 11-00540 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT TOTAL AMOUNT OF $86,722.19 IN THE FORM OF A REIMBURSEMENT GRANT ("GRANT") FROM THE CHILDREN'S TRUST ("TRUST') TO THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF GRANTS ADMINISTRATION'S EDUCATION INITIATIVES (DEPARTMENT), FOR THE MIAMI LEARNING ZONE OUT OF SCHOOL PROGRAM ("PROGRAM"), AND AUTHORIZING THE CITY'S IN -KIND SERVICES MATCH IN THE TOTAL AMOUNT OF $7,883.84 TO FUND THE PROGRAM ADMINISTERED BY THE DEPARTMENT AT HOLMES ELEMENTARY SCHOOL; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR EDUCATION INITIATIVES 2011-2012", TO ACCEPT THE GRANT, APPROPRIATING THE GRANT FUNDING IN THE AMOUNT OF $86,722.19, WITH IN -KIND SERVICES TO BE APPROPRIATED BY THE CITY VALUED AT $7,883.84; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A CONTRACT WITH THE CHILDREN'S TRUST AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM AT HOLMES ELEMENTARY SCHOOL,SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 11-00540 Summary Form.pdf 11-00540 Legislation (Version 2) 07-28-11.pdf 11-00540 Exhibit 1 07-28-11.pdf R-11-0307 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.13 RESOLUTION 11-00421 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, 2011. 11-00421 Summary Form.pdf 11-00421 FY'11 Amending Budget 07-28-11.pdf 11-00421 Legislation.pdf City ofMiami Page 22 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 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.13 was deferred to the Commission Meeting scheduled for September 15, 2011. RE.14 RESOLUTION 11-00683 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT TOTAL AMOUNT OF NOT TO EXCEED $153,162 IN THE FORM OF A REIMBURSEMENT GRANT ("GRANT") FROM THE CHILDREN'S TRUST ("TRUST') TO THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF GRANTS ADMINISTRATION'S EDUCATION INITIATIVES (DEPARTMENT), FOR THE FAMILIES FIRST PARENTING PROGRAM ("PROGRAM"), AND AUTHORIZING THE CITY'S IN -KIND SERVICES MATCH IN THE TOTAL AMOUNT OF NOT TO EXCEED $7,883.84 TO FUND THE PROGRAM ADMINISTERED BY THE DEPARTMENT AT VARIOUS CHILD CARE CENTERS WITHIN THE CITY; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR EDUCATION INITIATIVES 2011-2012 FAMILIES FIRST PARENTING PROGRAM", TO ACCEPT THE GRANT, APPROPRIATING THE GRANT FUNDING IN THE AMOUNT OF $153,162, WITH IN -KIND SERVICES TO BE APPROPRIATED BY THE CITY VALUED AT $7,883.84; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A CONTRACT WITH THE CHILDREN'S TRUST AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING AUGUST 1, 2011 THROUGH JULY 31, 2012, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 11-00683 Summary Form.pdf 11-00683 Legislation.pdf 11-00683 Exhibit 1.pdf R-11-0308 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 23 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 RE.15 RESOLUTION 11-00689 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 AND THE TWO (2) WEEK David Sarnoff DURATION LIMITATION PER PERMIT, IN ORDER TO HOSTA GARDENERS' MARKET AT THE BISCAYNE PLAZA SHOPPING CENTER, LOCATED AT 561 NORTHEAST 79 STREET, MIAMI, FLORIDA, OCCURRING EVERY SATURDAY, STARTING JULY 30, 2011 AND ENDING ON DECEMBER 31, 2011. RE.16 11-00578 Department of Parks and Recreation 11-00689 Legislation.pdf R-11-0328 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2011-2014," APPROPRIATING FUNDS FOR ITS OPERATION, AND AUTHORIZING THE CITY MANAGER TO ACCEPT ANTICIPATED PAYMENT FOR SERVICES IN THE ESTIMATED TOTAL AMOUNT OF SIX HUNDRED THOUSAND FIVE HUNDRED AND EIGHTY ONE DOLLARS, FROM THE STATE OF FLORIDAAGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA"), MEDICAID PROGRAM DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A MEDICAID WAIVER SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AHCA, TO FUND, ON A REIMBURSEMENT BASIS, SUBJECT TO STATE APPROPRIATIONS, SERVICES AND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION, DURING THE PERIOD OF JULY 1,2011 THROUGH JUNE 30, 2014; AUTHORIZING THE CITY MANAGER TO EXECUTE, SUBJECT TO APPROVAL BY THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS TO ACCEPT SAID FUNDS AND TO COMPLY WITH SAID AGREEMENT. 11-00578 Summary Form.pdf 11-00578 Legislation.pdf 11-00578 Exhibit 1.pdf R-11-0326 MOVED: Richard Dunn II City ofMiami Page 24 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 SECONDED: UNANIMOUS Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.17 RESOLUTION 11-00580 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JUNE 27, 2011, PURSUANT TO INVITATION FOR BIDS NO. 10-11-026, FROM ENVIROWASTE SERVICES GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "INLET CLEANING CONTRACT -SOUTH ZONE, M-0044", IN AN ANNUAL AMOUNT NOT TO EXCEED $53,530, FOR A TWO (2) YEAR CONTRACT TOTAL OF $107,060; AUTHORIZING UP TO THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $53,530, 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. 11-00580 Summary Form.pdf 11-00580 Legislation.pdf 11-00580 Exhibit 1.pdf R-11-0327 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.18 RESOLUTION 11-00660 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS EMERGENCY FINDING, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 AND 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AND APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR REAL ESTATE LEASING AND/OR PROPERTY MANAGEMENT SERVICES AT THE MARLINS STADIUM PARKING GARAGE RETAIL SPACE, FOR THE DEPARTMENT OF PUBLIC FACILITIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN ACCORDANCE WITH THE ATTACHED TERM SHEET AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TERRANOVA CORPORATION, FOR AN City ofMiami Page 25 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 RE.19 11-00538 Downtown Development Authority INITIAL ONE (1) YEAR TERM WITH FOUR (4) ONE-YEAR OPTIONS TO RENEW. 11-00660 Summary Form.pdf 11-00660 Legislation.pdf 11-00660-Exhibit 1-SUB.pdf 11-00660-Memo-Substitution For Item RE.18 Marlins Stadium Garage Retail Spaces.pdf R-11-0320 MOVED: SECONDED: UNANIMOUS Frank Carollo Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, OF THE CITY OF MIAMI OF MIAMI-DADE COUNTY, FLORIDA, TO ESTABLISH A PROPOSED MILLAGE RATE; ADOPTING THE TENTATIVE LEVYING OF AD VALOREM TAXES FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, MIAMI-DADE COUNTY, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 11-00538 Pre -Legislation - Board of DDA.pdf 11-00538 Memo - Proposed DDA Millage Rate 07-28-11.pdf 11-00538 Legislation (Version 2) 07-28-11.pdf 11-00538-Submittal-Memo-Substitution For Item RE.19 Change In Legislation.pdf R-11-0329 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 RE.20 RESOLUTION 11-00537 Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY OF MIAMI'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. City ofMiami Page 26 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 11-00537 Summary Form.pdf 11-00537 Legislation.pdf R-11-0311 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.21 RESOLUTION 11-00692 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR (4) AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WEST, ATHOMSON REUTERS BUSINESS, FOR WESTLAW, A COMPUTER ASSISTED LEGAL RESEARCH SERVICE, FOR THE OFFICE OF THE CITY ATTORNEY, FOR A THREE-YEAR PERIOD, IN A FIRST -YEAR AMOUNT NOT TO EXCEED $75,501, WITH EACH YEAR THEREAFTER INCREASING THE AMOUNT BY THREE PERCENT (3%), FOR A TOTAL AMOUNT NOT TO EXCEED $233,696.84; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.131000.554000.0.0. 11-00692 Memo - Office of City Attorney.pdf 11-00692 Legislation.pdf 11-00692 Exhibit 1.pdf MOVED: Frank Carollo SECONDED: 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.21 was deferred to the Commission Meeting scheduled for September 15, 2011. RE.22 RESOLUTION 11-00694 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING, FOR THE PURPOSES OF ESTABLISHING THE TERMS AND CONDITIONS TO BE PROVIDED FOR IN AN INTERLOCAL AGREEMENT AND LEASE FOR THE MANAGEMENT AND OPERATION OF THE PARKING FACILITIES AT THE MIAMI MARLINS BASEBALL STADIUM. 11-00694 Summary Form.pdf 11-00694 Legislation.pdf 11-00694 Exhibit 1.pdf R-11-0321 City ofMiami Page 27 Printed on 8/10/2011 City Commission Marked Agenda July 28, 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 END OF RESOLUTIONS DI.1 DISCUSSION ITEM 11-00607 City Manager's Office (DI.1) 11-00607a City Commission DISCUSSION ITEM DISCUSSION REGARDING THE SITE CERTIFICATION FOR THE TURKEY POINT PLANT UNITS 6 & 7, THE PROPOSED ALTERNATE CORRIDOR FOR THE TRANSMISSION LINE AND THE SUBMITTAL OF THE REQUIRED AGENCY REPORT RECOMMENDING DENIAL OF THE PROPOSED ALTERNATE CORRIDOR. 11-00607 Summary Form.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING THE AGENCY REPORT FOR THE PROPOSED ALTERNATE CORRIDOR SUBMITTED BY NEIGHBORING MUNICIPALITIES, PREPARED BY THE ADMINISTRATION OF THE CITY OF MIAMI AND THE RECOMMENDATIONS CONTAINED THEREIN, TO BE FILED BY THE CITY MANAGER AND CITY ATTORNEY IN THE MATTER OF FLORIDA POWER AND LIGHT (FPL) COMPANY, TURKEY POINT UNITS 6 AND 7 POWER PLANT SITING APPLICATION, CASE NO. 09-003575-EPP; DENYING CERTIFICATION OF THE ALTERNATE CORRIDOR; FURTHER OBJECTING TO THE ALTERNATE CORRIDOR AS A VIABLE CORRIDOR FOR THE CITY OF MIAMI UNLESS THE TRANSMISSION LINES ARE UNDERGROUNDED, AND IN SO FAR AS ALL CITIZENS THAT BENEFIT FROM THE POWER OF SAID LINES, I.E., ALL FPL RATE PAYERS, SHALL PAY A PRO RATA SHARE OF UNDERGROUNDING. 11-00607a Legislation.pdf R-11-0333 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 City ofMiami Page 28 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 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 10-00581 mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE APPLICABLE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE CITY CENTER PROJECT, TO BE LOCATED AT APPROXIMATELY 100 NORTHWEST 12TH STREET, 1120 NORTHWEST 1ST AVENUE, 105 AND 113 NORTHWEST 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. 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 29 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 10-00581mu CC 07-28-11 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 Aviation Letter.pdf 10-00581mu 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 MUSP.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 - RNG Overtown LLC.pdf 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 - CDG City Center, Ltd.. pdf 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 Documents - RNG Overtown. pdf 10-00581mu Article I. O. State of Florida 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. 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 R-11-0330 MOVED: SECONDED: Richard Dunn II Francis Suarez City ofMiami Page 30 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo PZ.2 RESOLUTION 10-01096cm PZ.3 11-00380ap 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 07-28-11 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 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II ABSENT: Commissioner(s) Carollo and Suarez Note for the record: Item PZ.2 was deferred to the Commission Meeting scheduled for December 22, 2011. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 31 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE DEVELOPMENT OF APPROXIMATELY 9.038 ACRES SPECIAL AREA PLAN FOR THE BRICKELL CITICENTRE, A MIXED -USE DEVELOPMENT GENERALLY BOUND BY BRICKELL AVENUE TO THE EAST, SOUTHWEST 1ST AVENUE TO THE WEST, SOUTHEAST 6TH STREET TO THE NORTH AND SOUTHWEST 8TH STREET TO THE SOUTH, MIAMI, FLORIDA, CONSISTING OF: A) APPROXIMATELY 4.68 MILLION SQUARE FEET OF FLOOR AREA SPLIT AMONG FOUR CITY BLOCKS; B) APPROXIMATELY 650,110 SQUARE FEET OF PARKING AREA LOCATED BELOW GRADE; C) APPROXIMATELY 19,700 SQUARE FEET OF CIVIC SPACE AT THE GROUND LEVEL AND APPROXIMATELY 6,500 SQUARE FEET OF CIVIC SPACE ON UPPER LEVELS; D) THESE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT, NOT TO EXCEED A TOTAL OF 5,511,492 SQUARE FEET OF FLOOR AREA OR LESS THAN 19,639 SQUARE FEET OF CIVIC SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Generally Bound by Brickell Avenue to the East, SW 1st Avenue to the West, SE 6th Street to the North and SW 8th Street to the South [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Neisen Kasdin, Esquire, on behalf of Swire Properties and Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on June 15, 2011 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the Brickell CitiCentre SAP project, which will allow the development of approximately 9.038 acres of vacant land, create linkages between the Mary Brickell Village to the south and future development to the north approaching the Miami River. The proposed project is a significant investment in the City and is expected to cost approximately $700M, generating over $4M annually in city General Fund Ad Valorem taxes. City ofMiami Page 32 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 11-00380ap Binder Cover-SAP.pdf 11-00380ap CC 06-23-11 Table of Contents.pdf 11-00380ap TAB A.1 Cover Letter. pdf 11-00380ap TAB A.2 SAP Application. pdf 11-00380ap TAB A.3 Project Directory. pdf 11-00380ap TAB A.4 Exhibit A: Legal Description. pdf 11-00380ap TAB A.5 Recorded Deed.pdf 11-00380ap TAB A.6 Affidavit of Authority to Act. pdf 11-00380ap TAB A.7 Disclosure of Ownership.pdf 11-00380ap TAB A.8 Certificate of Status. pdf 11-00380ap TAB A.9 Power of Attorney. pdf 11-00380ap TAB A.10 Disclosure of Agreement to Support. pdf 11-00380ap TAB A.11 Proof of Lobbyist.pdf 11-00380ap TAB A.12 Public School Concurrency.pdf 11-00380ap TAB A.13 Proposed Development Agreement. pdf 11-00380ap TAB B.1 City of Miami Current Land Use Map.pdf 11-00380ap TAB B.2 City of Miami Transact Zone Map.pdf 11-00380ap TAB B.3 Transit Oriented Development Map.pdf 11-00380ap TAB B.4 Surveys.pdf 11-00380ap TAB B.5 Site Location.pdf 11-00380ap TAB B.6 Site Photos.pdf 11-00380ap TAB B.8 Zoning Write Up.pdf 11-00380ap TAB B.9 Site Data Summary.pdf 11-00380ap TAB B.10 SAP Area Program.pdf 11-00380ap TAB B.11 SAP Parking Data.pdf 11-00380ap TAB B.12 Lot Coverage Diagram.pdf 11-00380ap TAB B.13 Concept Drawings.pdf 11-00380ap TAB B.14 Sustainability Sumarry.pdf 11-00380ap TAB B.15 Economic Impact Summary.pdf 11-00380ap TAB C.1 Design Guidelines.pdf 11-00380ap CC 06-23-11 TAB C.2 Regulating Plan.pdf 11-00380ap CC 06-23-11 TAB D.1 Traffic ImpactAnalysis.pdf 11-00380ap TAB D.2 Development Impact Study.pdf 11-00380ap TAB D.3 Utility Report.pdf 11-00380ap CC SR 07-28-11 Fact Sheet.pdf 11-00380ap Analysis. pdf 11-00380ap Miami 21 Map.pdf 11-00380ap Aerial Map.pdf 11-00380ap DDA Reso.pdf 11-00380ap PZAB Reso.pdf 11-00380ap CC Legislation (Version 4).pdf 11-00380ap Exhibit A.pdf 11-00380ap CC Exhibit B - NEW.pdf 11-00380ap CC Exhibit C - NEW.pdf 11-00380ap CC Exhibit D.pdf 11-00380ap 07.13.11-07.18.11 REVISIONS for 07-28-11 CC.pdf 13279 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 33 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 PZ.4 11-003981u AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE 2020 FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO PLAN AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY EXPANDING THE "LITTLE HAVANATARGETAREA" RESIDENTIAL DENSITY INCREASE AREA LOCATED APPROXIMATELY BETWEEN INTERSTATE 95 AND METRORAIL RIGHT-OF-WAY AND BETWEEN SOUTHWEST 11TH STREET AND SOUTHWEST 15TH ROAD/BROADWAY, MIAMI, FLORIDA; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately between Interstate 95 and Metrorail Right -of -Way and between SW 11th Street and SW 15th Road/Broadway, Miami, Florida [Commissioner Frank Carollo - District 3] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will expand the above area to the "Little Havana Target Area" Residential Density Increase Area. 11-003981u CC SR 07-28-11 Fact Sheet.pdf 11-003981u Analysis.pdf 11-003981u Concurrency Management Analysis.pdf 11-003981u Future Land Use Maps.pdf 11-003981u Miami 21Maps.pdf 11-003981u Aerial Maps.pdf 11-003981u Traffic Analysis.pdf 11-003981u School Concurrency.pdf 11-003981u PZAB Reso.pdf 11-003981u Various Agency Responses.pdf 11-003981u CC Legislation (Version 3).pdf 11-003981u ExhibitA.pdf 13283 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 City ofMiami Page 34 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 PZ.5 11-00492zt PZ.6 11-00588zt ABSENT: Commissioner(s) Suarez ORDINANCE Second 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 CREATING A NEW SECTION 2-212, ENTITLED " CERTIFICATE OF USE PILOT PROGRAM," CREATING AND IMPLEMENTING A PROCESS FOR THE CONTINUATION OF NON -CONFORMING USES FORA PERIOD OF TWO (2) YEARS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommended approval with conditions* of the original request to City Commission on June 15,2011 byavoteof7-0. *See PZAB Resolution. PURPOSE: This will create a pilot program allowing nonconforming uses to continue after review and approval of the Planning Department. 11-00492zt CC SR 07-28-11 Fact Sheet.pdf 11-00492zt PZAB Reso.pdf 11-00492zt CC Legislation (Version 3).pdf 13280 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION 1.1, ENTITLED "DEFINITIONS OF BUILDING FUNCTION: USES", TO ADD A DEFINITION FOR REGIONAL ACTIVITY COMPLEX, ARTICLE 4, TABLE 3, ENTITLED "BUILDING FUNCTION: USES", TO PROVIDE PERMISSIBILITY FOR SAID USES, ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS", AND SECTION City ofMiami Page 35 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 PZ.7 11-00584zt 6.5, ENTITLED "SIGN STANDARDS", BY ADDING SIGNAGE PROVISIONS FOR SAME; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, 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 July 6, 2011 by a vote of 7-0. PURPOSE: This will establish provisions and regulations for large assembly facilities, including definition, permissibility of uses, supplemental regulations, and signage provisions for such facilities. 11-00588zt CC SR 07-28-11 Fact Sheet.pdf 11-00588zt PZAB Resolution.pdf 11-00588zt CC Legislation (Version 3).pdf 13281 MOVED: SECONDED: Richard Dunn II Marc David Sarnoff 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 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS," BY ADDING DRIVE -THROUGH AND DRIVE-IN REGULATIONS FOR T4-O; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 36 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 PZ.8 11-00116zc LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommended approval with a modification*, which failed, constituting a denial to the City Commission on July 6, 2011 by a vote of 4-3. *See PZAB Resolution. PURPOSE: This will introduce regulations for drive -through and drive-in regulations for the T4-O Transect in Article 6 of the Miami 21 Code. 11-00584zt CC SR 07-28-11 Fact Sheet.pdf 11-00584zt PZAB Resolution.pdf 11-00584zt CC Legislation (Version 3).pdf 11-00584zt ExhibitA- NEW.pdf 13282 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo 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 37 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 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 07-28-11 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: Francis Suarez Richard Dunn II Motion that this matter be DENIED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo PZ.9 RESOLUTION 11-00321v 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 VARIANCES AS LISTED IN ARTICLE 5, SECTION 5.3.1(e); ARTICLE 7, SECTION 7.1.2.7(a); AND OFFSTREET PARKING GUIDES AND STANDARDS OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A RELAXATION OF THE SIDE AND REAR SETBACKS IN T3-O AND REDUCTION OF PARKING AND GREEN AREA AS FOLLOWS: A) SIDE SETBACK (EAST) OF 3'10" (5'0" REQUIRED, REQUEST TO WAIVE 1'2"); B) REAR SETBACK (SOUTH) OF 5'10" (20'0" REQUIRED, REQUEST TO WAIVE 14'2"); C) PARKING OF 3 SPACES (4 PARKING SPACES REQUIRED, REQUEST TO WAIVE 1); D) REDUCTION OF THE REQUIRED FIVE (5) FEET YARD OF GREEN AREA AT THE EAST SIDE OF THE PROPERTY LINE, WHEN THE DRIVEWAY IS ADJACENT TO A PROPERTY LINE: PROPOSED 2'3" (REQUIRED 5'0", REQUEST TO WAIVE 2'9"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1772 NORTHWEST 30TH STREET, MIAMI, FLORIDA. City ofMiami Page 38 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 M.1 11-00245 LOCATION: Approximately 1772 NW 30th Street [Commissioner Wifredo (Willy) Gort - District 1] APPELLANT(S)/APPLICANT(S): Lowell J. Kuvin, Esquire, on behalf of Theresa M. Mathias and John Radu, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Variances on May 4, 2011 by a vote of 8-0. PURPOSE: The approval of this appeal will allow the legalization of an addition to a duplex structure. 11-00321v CC 07-28-11 Fact Sheet.pdf 11-00321v PZAB Appeal Letter.pdf 11-00321v Analysis.pdf 11-00321v Miami 21 Map.pdf 11-00321vAerial Map.pdf 11-00321v PZAB Reso.pdf 11-00321v Application & Supporting Docs.pdf 11-00321v Plans.pdf 11-00321v CC Legislations (Versions 3 & 4).pdf 11-00321v ExhibitA.pdf 11-00321v-Submittal-Photographs Of Property Located At 1772 NW 30 St., Miami, FL.pdf MOVED: Marc David Sarnoff SECONDED: Richard Dunn II Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II ABSENT: Commissioner(s) Carollo and Suarez Note for the record: Item PZ.9 was deferred to the Commission Meeting scheduled for October 27, 2011. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO ORDINANCE First Reading (4/5THS VOTE) 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 City ofMiami Page 39 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 DEFINE TEMPORARY VACANT STOREFRONT WINDOW SIGNS AND TO CREATE REGULATIONS FOR TEMPORARY VACANT STOREFRONT WINDOW SIGNS; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-00245 Legislation (Version 5) 07-28-11.pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 11-00619 DISCUSSION REGARDING AN OVERVIEW OF ALL THE CURRENT IT PROJECTS. 11-00619 Email - Current IT Projects.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 DISCUSSION ITEM 11-00624 UPDATE ON THE HIRING FREEZE AND EMPLOYEES HIRED AFTER THE FREEZE. 11-00624 Email - Update on Hiring Freeze 07-28-11.pdf 11-00624-Submittal-New Hires According To Local 1907 From May 7, 2009-June 8, 2011.pdf 11-00624-Submittal-City Manager Report Of New Hires FRom May 7, 2009 Through July 11, 2C City ofMiami Page 40 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 DISCUSSED (D3.1) RESOLUTION 11-00624a A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INCLUDE ON EACH REGULAR CITY COMMISSION AGENDAA REPORT TO INCLUDE 1) NEWLY HIRED CITY EMPLOYEES, 2) ANY INCREASE IN SALARY FOR CURRENT CITY OF MIAMI EMPLOYEES AND, 3) ANY WAIVERS OF HIRING OR PROMOTIONAL LIMITATIONS OF CITY OF MIAMI EMPLOYEES THAT IMPACT THE CITY OF MIAMI BUDGET. 11-00624a Legislation.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II D3.2 DISCUSSION ITEM 11-00625 D3.3 11-00693 D3.4 11-00630 UPDATE ON INSURANCE COSTS, SAVINGS SINCE APPROVING CONSULTANT, AND BENEFITS TO CITY EMPLOYEES. 11-00625 Email - Update Insurance Costs 07-28-11.pdf DISCUSSED DISCUSSION ITEM DISCUSSION ON THE AUDITOR GENERAL. 11-00693 Email -Auditor General.pdf DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI'S FINANCIAL TEAM, INCLUDING NEW INTERIM -CFO, SCOTT SIMPSON. 11-00630 Email - City of Miami's Financial Team 07-28-11.pdf DEFERRED Note for the record: Item D3.4 was deferred to the Commission Meeting scheduled for September 15, 2011. D3.5 DISCUSSION ITEM City ofMiami Page 4] Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 11-00632 DISCUSSION ADDRESSING THE CITY OF MIAMI BOND RATINGS AND FUTURE PLANS. 11-00632 Email - City of Miami Bond Ratings 07-28-11.pdf DEFERRED Note for the record: Item D3.5 was deferred to the Commission Meeting scheduled for September 15, 2011. D3.6 DISCUSSION ITEM 11-00634 DISCUSSION AND UPDATE ON MIAMI PARKING AUTHORITY'S CURRENT YEAR'S BUDGET AND NEXT YEAR'S BUDGET. 11-00634 Email - Update Miami Parking Authority's 07-28-11.pdf DEFERRED Note for the record: Item D3.6 was deferred to the Commission Meeting scheduled for September 15, 2011. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 11-00590 DISCUSSION REGARDING POSSIBLE IMPLEMENTATION OF AN "ADOPT -A -TRAFFIC CIRCLE" PROGRAM, SIMILAR TO THAT OF AN "ADOPT -A -HIGHWAY" PROGRAM. PERHAPS THE RESIDENTS WHOSE NEIGHBORHOODS INCLUDE THE TRAFFIC CIRCLES CAN CONTRIBUTE TO FACILITATE MAINTENANCE OF THE TRAFFIC CIRCLES AS WELL AS TO PREVENT THEM FROM FALLING INTO DISREPAIR. 11-00590 Email -Adopt-a-Traffic Circle Program.pdf DISCUSSED Direction by Commissioner Suarez to the Administration to draft legislation that allows for the creation of an "Adopt a Traffic Circle" program; further directing that the legislation be placed on the agenda for the October 13, 2011, Miami City Commission Meeting. D4.2 DISCUSSION ITEM 11-00612 DISCUSSION REGARDING RECENTLY PASSED LEGISLATION (HB 281) REGARDING CHALLENGED PROPERTY ASSESSMENTS. 11-00612 Email Challenged Property Assessments.pdf City ofMiami Page 42 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 D4.3 11-00691 NON AGENDA ITEMS NA.1 11-00715 DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING THE EFFECTIVENESS OF SPEED HUMPS AS TRAFFIC CALMING DEVICES. 11-00691 Email - Effectiveness of Speed Humps.pdf 11-00691-Submittal-Speed Table/Hump Effectiveness Study.pdf DISCUSSED END OF DISTRICT 4 DISTRICT 5 END OF DISTRICT 5 DISCUSSION ITEM CHAIR GORT RECOGNIZED CITY OF AVENTURA COMMISSIONER LUZ WEINBERG IN COMMISSION CHAMBERS. DISCUSSED NA.2 DISCUSSION ITEM 11-00716 CHAIR GORT RECOGNIZED RETIRED CITY OF MIAMI POLICE OFFICER MANNY GOMEZ IN COMMISSION CHAMBERS, AND EXTENDED THE APPRECIATION OF THE MIAMI CITY COMMISSION TO OFFICER GOMEZ FOR HIS OUTSTANDING SERVICE TO THE CITY OF MIAMI. DISCUSSED NA.3 DISCUSSION ITEM 11-00717 DISCUSSION BY COMMISSIONER SARNOFF REGARDING THE EXPANSION OF THE MIAMI POLICE DEPARTMENT'S STABLES FOR 3 HORSES THAT ARE BEING DONATED TO THE MOUNTED PATROL DETAIL. DISCUSSED Direction by Commissioner Sarnoff to the Administration to review the cost estimate associated with the expansion of the Miami Police Department's stables, and to report back on this matter at the September 15, 2011, Miami City Commission Meeting. NA.4 DISCUSSION ITEM 11-00718 DISCUSSION BY COMMISSIONER SARNOFF REGARDING THE CITY MANAGER'S JULY 13, 2011, ADMINISTRATIVE POLICY MANUAL (APM) FOR 2-87 (VACATION USAGE/CARRYOVER/PAYOUT) AND 3-91 (SICK LEAVE). City ofMiami Page 43 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 DISCUSSED NA.5 DISCUSSION ITEM 11-00719 BRIEF DISCUSSION BY COMMISSIONER SUAREZ REGARDING VACANT PROPERTY SECURITY STRUCTURES. DISCUSSED NA.6 DISCUSSION ITEM 11-00720 DISCUSSION BY CHAIR GORT REGARDING THE CITY OF MIAMI'S ANTI -DEFICIENCY ORDINANCE, AND THE ACTIONS TAKEN BY THE ADMINISTRATION TO ENSURE THAT DEPARTMENTS ARE COMPLYING WITH THIS ORDINANCE. 11-00720-Submittal-2011 Bayfront Park Anti -Deficiency Ordinance Memo.pdf 11-00720-Submittal-District 1-Miami City Code -Division 1-Anti Deficiency.pdf DISCUSSED NA.7 DISCUSSION ITEM 11-00723 DISCUSSION BY CHAIR GORT REGARDING THE STEPS BEING TAKEN TO FILL THE VACANT AUDITOR GENERAL POSITION, IN ADDITION TO THE PLACEMENT OF AN INTERIM SUPERVISOR FOR THE OFFICE OF AUDITOR GENERAL. DISCUSSED A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, for the creation of an Auditor General Selection Committee that consists of seven (7) members, whereby each Commissioner will have the ability to appoint one (1) member to the Selection Committee that is preferably either a Certified Public Accountant (CPA) or has some form of financial background, and that two (2) members of the Selection Committee consist of a former prosecutor, and an investigator or former investigator for a government agency. NA.8 DISCUSSION ITEM 11-00721 BRIEF DISCUSSION BY COMMISSIONER DUNN REGARDING INTERNAL BUDGET DOCUMENTS USED BY THE ADMINISTRATION AND POLICE DEPARTMENT TO DEVELOP BUDGET SUMMARIES THAT ARE PRESENTED TO THE CITY COMMISSION. DISCUSSED Direction by Commissioner Dunn to the Administration to provide Commissioners with a detailed budget of the Police Department, including positions, salaries, benefits, and classifications. NA.9 RESOLUTION 11-00713 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE RETENTION OF THE LOW-INCOME HOUSING TAX CREDIT PROGRAM; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIAL DESIGNATED HEREIN. 11-00713 Legislation.pdf City ofMiami Page 44 Printed on 8/10/2011 City Commission Marked Agenda July 28, 2011 R-11-0334 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff and Carollo NA.10 DISCUSSION ITEM 11-00722 BRIEF DISCUSSION BY CHAIR GORT REGARDING THE MELREESE GOLF COURSE. ADJOURNMENT DISCUSSED The meeting was adjourned at 10:07 p.m. City ofMiami Page 45 Printed on 8/10/2011