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HomeMy WebLinkAboutCC 2012-01-26 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, 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, January 26, 2012 9:00 AM City Hall Commission Chambers Present: CONTENTS Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.2 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES RE - RESOLUTIONS ES - EXECUTIVE SESSION 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. City of Miami Page 1 Prinked on 2/1/2012 City Commission Marked Agenda January 26, 2012 MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 12-00046 PRESENTATION Honoree Presenter Protocol Item Community Friends Mayor Regalado Certificates of Appreciation Community Friends Commissioner Gort Certificates of Appreciation 12-00046 Protocol Item.pdf PRESENTED 1) Mayor Regalado presented a Special Certificate of Appreciation to Amigos for Kids in honor of their committment to civic responsibility and communal welfare through generous donations and support for the Christmas Toy Drive and other important neighborhood projects in the City of Miami by a community partner whose philanthropy serves as a source of inspiration. 2) Mayor Regalado presented Certificates of Appreciation to Kent Security and the Eye Institute of South Florida for their committment to civic responsibility and communal welfare to the residents of the City of Miami. INVOCATION AND PLEDGE OF ALLEGIANCE On the 26th day of January 2012, 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 Planning and Zoning Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 11:56 a.m, reconvened at 2:00 p.m, recessed at 2:03 p.m, reconvened at 3:32 p.m and adjourned at 7:28p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9:01 a.m. and both Vice Chair Sarnoff and Commissioner Carollo entered the Commission chambers at 9:05 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, City Clerk MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETING: Special Commission Meeting of December 8, 2011 City ofMiami Page 3 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort END OF APPROVING MINUTES ORDER OF THE DAY City ofMiami Page 4 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 CA.1 11-01214 Department of Police CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED NOVEMBER 10, 2011, PURSUANT TO INVITATION FOR BID NO. 282252, FROM DANA SAFETY SUPPLY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF REMOVAL AND INSTALLATION OF EXISTING MOBILE DIGITAL COMPUTERS FOR THE POLICE DEPARTMENT, 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 DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-01214 Summary Form.pdf 11-01214 Tabulation.pdf 11-01214Addendum No.1.pdf 11-01214 Invitation for Bid.pdf 11-01214 Legislation.pdf R-12-0032 This Matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 11-01215 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED NOVEMBER 28, 2011, PURSUANT TO INVITATION FOR Department of BID NO. 270252, FROM VARIOUS RESPONSIVE AND RESPONSIBLE Purchasing BIDDERS, FOR THE PURCHASE AND INSTALLATION OF ADDITIONAL EMERGENCY VEHICLE EQUIPMENT, 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-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; AUTHORIZING ADDITIONAL SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 11-01215 Summary Form.pdf 11-01215 Award Recommendation Form.pdf 11-01215 Tabulation of Bid.pdf 11-01215 Detail by Entity Names.pdf 11-01215 Invitation for Bid.pdf 11-01215 Legislation.pdf R-12-0033 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda City ofMiami Page 5 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 MOVED: SECONDED: AYES: Wifredo (Willy) Gort Michelle Spence -Jones Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA PH.1 RESOLUTION 11-01216 Department of Public Works PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "DOUGLAS ROAD STATION VINTAGE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1 ", AND SUBJECT TO THE 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. 11-01216 Summary Form.pdf 11-01216 Notice to the Public.pdf 11-01216 Legislation.pdf 11-01216 Exhibit 1.pdf R-12-0034 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.2 RESOLUTION 11-01165 Department of Public Facilities 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 FINDING, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR THE PROCUREMENT OF SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH GLOBAL SPECTRUM LIMITED PARTNERSHIP FOR THE MANAGEMENT AND OPERATION OF THE MIAMI CONVENTION CENTER/JAMES L. KNIGHT INTERNATIONAL CENTER, EXTENDING THE TERMINATION DATE TO JULY 25, 2012. City ofMiami Page 6 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 SR.1 11-00857 Honorable Mayor Tomas Regalado 11-01165 Summary Form.pdf 11-01165 Memo - Waiver Competitive Bidding.pdf 11-01165 Notice to the Public.pdf 11-01165 Pre-Legislations.pdf 11-01165 Insurance & Safety Approval Form.pdf 11-01165 Certificates of Liability Insurance.pdf 11-01165 Joint Loss Payable.pdf 11-01165 Budget Lines (City of Miami).pdf 11-01165 Funds Available Inquiry (CMA).pdf 11-01165 Legislation.pdf 11-001165 Exhibit 1 SUB.pdf R-12-0035 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: NOES: Commissioner(s) Gort, Carollo, Suarez and Spence -Jones Commissioner(s) Sarnoff END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE 5, ENTITLED " CODE RELIEF PROGRAM" FOR THE LEGALIZATION OF EXISTING BUILDINGS; PROVIDING FOR DEFINITIONS; PROVIDING METHODS OF LEGALIZATION OF EXISTING BUILDINGS; ALLOWING FOR MITIGATION OF FINES DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00857 Legislation SR (Version 2).pdf 13304 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Direction by Chair Suarez to the Administration to perform an analysis on impact fees for the purpose of incorporating them into the Code Relief Program legislation at a future date. City ofMiami Page 7 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 SR.2 ORDINANCE Second Reading 11-00882 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE Building PARTICULARLY BY AMENDING SECTIONS 10-4 AND 10-5, IN ORDER TO CHANGE THE SCHEDULE OF FEES, AND WAIVED FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SR.3 11-00987 City Manager's Office 11-00882 Summary Form SR 01/26/12.pdf 11-00882 Legislation SR (Version 2).pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL, MORE PARTICULARLY BY AMENDING SECTION 53-1 TO INCREASE THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS, ALLOWING THE SURCHARGE TO APPLY WHERE TICKETED EVENTS OCCUR IN THE PUBLIC RIGHT-OF-WAY, AND PROVIDING FORA CERTAIN PORTION OF THE TICKET SURCHARGE TO BE ALLOCATED SPECIFICALLY TO FUND PARADES, COMMUNITY EVENTS, AND COMMUNITY PROGRAMS, AS APPROVED BY THE COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR: COMMISSIONER MICHELLE SPENCE-JONES 11-00987 Summary Form SR 01/26/12.pdf 11-00987 Facility Fee FR/SR.pdf 11-00987 Memo - Amendment to Ticket Surcharge SR.pdf 11-00987 Legislation SR (Version 3).pdf 11-00987 Alternate Ordinance.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF ORDINANCES - SECOND READINGS City ofMiami Page 8 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 FR.1 ORDINANCES - FIRST READING ORDINANCE First Reading 11-00765 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," AND CHAPTER 62, Department of ENTITLED "ZONING AND PLANNING," OF THE CODE OF THE CITY OF Planning MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY DELETING LANGUAGE IN CHAPTER 2 AND ADDING AND UPDATING LANGUAGE IN CHAPTER 62, WHICH LANGUAGE RELATES TO FEES AND PROCEDURAL CHANGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. FR.2 12-00030 Department of Public Facilities 11-00765 Summary Form FR/SR.pdf 11-00765 Legislation FR (Version 2).pdf MOVED: Michelle Spence -Jones SECONDED: Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones NOES: Commissioner(s) Carollo and Suarez ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY, MORE PARTICULARLY BY CREATING SECTION 2-779, ENTITLED "SIGNS ON CITY -OWNED PROPERTY," TO PERMIT THE PLACEMENT OF OUTDOOR ADVERTISING ON CITY OF MIAMI OWNED PROPERTY, SUBJECT TO THE APPROVAL OF THE CITY MANAGER AND THE DIRECTOR OF PLANNING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00030 Summary Form.pdf 12-00030 Legislation.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF ORDINANCES - FIRST READINGS RESOLUTIONS RE.1 RESOLUTION 11-01218 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY Department of MANAGER APPROVING THE FINDINGS OF THE EVALUATION Purchasing COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 270254, City ofMiami Page 9 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 THAT THE TOP -RANKED FIRM FOR GROUP 1 TO PROVIDE ON -SITE AUCTION SERVICES IS FISHER AUCTION CO., INC., AND THAT THE TOP -RANKED FIRM FOR GROUP 2 TO PROVIDE INTERNET AUCTION SERVICES IS RENE' BATES AUCTIONEERS, INC., FOR THE AUCTION OF ITEMS, INCLUDING, BUT NOT LIMITED TO SURPLUS, CONFISCATED OR FOUND ITEMS AS STATED HEREIN; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID FIRMS, FORA PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO THE TERMS AND CONDITIONS STATED IN SAID AGREEMENT. FURTHERMORE, NOTWITHSTANDING THE LANGUAGE IN SECTION 18-86 (C) OF THE CITY CODE, THE AFOREMENTIONED OPTIONS TO RENEW SHALL BE EXERCISABLE AT THE OPTION OF THE CITY COMMISSION IF IT IS IN THE BEST INTEREST OF THE CITY. 11-01218 Summary Form.pdf 11-01218 Letter - Recommendation Eval.Cmmte.pdf 11-01218 Memo - Selection Eval. Cmmte.pdf 11-01218 Master Evaluation Forms.pdf 11-01218 Evaluation Forms.pdf 11-01218 Legislation.pdf 11-01218 Exhibit SUB.pdf R-12-0036 MOVED: SECONDED: UNANIMOUS Frank Carollo Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.2 RESOLUTION 11-01217 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, INTERLOCALAGREEMENTS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS AND MODIFICATIONS, AS APPLICABLE, IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH THE FOLLOWING DESIGNATED SERVICE PROVIDERS: (A) CHOICES ET AL, INC., A FOR -PROFIT CORPORATION, IN AN AMOUNT NOT TO EXCEED $7,920, (B) THE SCHOOL BOARD OF MIAMI-DADE COUNTY, IN AN AMOUNT NOT TO EXCEED $522,861.42, AND (C) THE CLERK OF THE COURT OF THE ELEVENTH JUDICIAL COURT, IN AN AMOUNT NOT TO EXCEED $3,164.25, EACH FOR A PERIOD COMMENCING NOVEMBER 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. City of Miami Page 10 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 11-01217 Summary Form.pdf 11-01217 Email - Continuing Srvc. Auth. - Contract #1110-1440.pdf 11-01217 Collaboration Contract #1103-1930.pdf 11-01217 Email - Year 2 Funding Reco.pdf 11-01217 The Children's Trust - Resolution 2012-06.pdf 11-01217 Legislation (Version 3).pdf 11-01217 Exhibit 1.pdf MOVED: Michelle Spence -Jones SECONDED: Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo Note for the Record: Item RE.2 was deferred to the Commission Meeting scheduled for February 9, 2012. RE.3 RESOLUTION 11-01222 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING THE NORTH BROWARD HOSPITAL DISTRICT, Department of D/B/A BROWARD HEALTH, AS A PARTICIPATING AGENCY IN THE MIAMI Fire -Rescue URBAN AREA SECURITY INITIATIVE ("UASI") GRANT FISCAL YEAR 2008, PURSUANT TO RESOLUTION NO. 09-0413, ADOPTED SEPTEMBER 10, 2009, FOR THE PURPOSE OF REGIONAL TRAINING PURSUANT TO UASI GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE FISCAL YEAR 2008 UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $25,495; ALLOCATING FUNDS FROM PTAEO NUMBER P-18-180018-T-08.05.03-A-1660-E-PROFESSIONAL SERVICES-O-181000. 11-01222 Summary Form.pdf 11-01222 Federally - Funded SubgrantAgmt..pdf 11-01222 Contractual Forms & Requirements.pdf 11-01222 Pre-Legislation.pdf 11-01222 Legislation.pdf 11-01222 Exhibit 1.pdf R-12-0037 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.4 RESOLUTION 11-01224 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 11 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 Department of ATTACHMENT(S) ADDING PALM BEACH COUNTY AS A PARTICIPATING Fire -Rescue AGENCY IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT FISCAL YEAR 2008, PURSUANT TO RESOLUTION NO. 09-0413, ADOPTED SEPTEMBER 10, 2009, FOR THE PURPOSE OF REGIONAL TRAINING PURSUANT TO UASI GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $42, 553; ALLOCATING FUNDS FROM PTAEO NUMBER P-18-180018-T-08.05-03-A-1660-E-PROFESSIONAL SERVICES-O-181000. 11-01224 Summary Form.pdf 11-01224 Federally - Funded SubgrantAgrmt.pdf 11-01224 Contractual Forms & Requirements.pdf 11-01224 Pre-Legislation.pdf 11-01224 Legislation.pdf 11-01224 Exhibit 1.pdf R-12-0038 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.5 RESOLUTION 12-00019 Liberty City Community Revitalization Trust A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) APPROVING THE OPERATING FUNDS FOR THE LIBERTY CITY COMMUNITY REVITALIZATION TRUSTS FISCAL YEAR 2011-2012 BUDGET, IN THE AMOUNT OF $623,650, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 12-00019 Summary Form.pdf 12-00019 Legislation.pdf 12-00019 Exhibit 1.pdf R-12-0039 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones NOES: Commissioner(s) Carollo Direction by Commissioner Spence -Jones to the Administration to ensure that the Liberty City Community Revitalization Trust provide an annual briefing to the City Commission that will include the Trust's goals, objectives, and accomplishments; City ofMiami Page 12 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 RE.6 11-01168 District 3- Commissioner Frank Carollo further directing that the Administration work closely with the Trust to ensure that they have support with whatever is needed to complete this assignment. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING ACCOMMODATIONS (CHANGING STATIONS) FOR MEN AND WOMEN TO CHANGE THEIR CHILDREN'S DIAPER IN ALL CITY OF MIAMI FACILITIES WITHIN SIX (6) MONTHS. 11-01168 Legislation (Version 2).pdf MOVED: SECONDED: DEFERRED Frank Carollo Michelle Spence -Jones Note for the Record: Item RE.6 was deferred to the Commission Meeting scheduled for February 9, 2012. RE.7 RESOLUTION 11-01091 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI, FLORIDA ("CITY") AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, FOR THE CITY'S USE OF APPROXIMATELY 7,734 SQUARE FEET OF OFFICE SPACE AT THE LINDSEY HOPKINS TECHNICAL CENTER LOCATED AT 720 NORTHWEST 20TH STREET, MIAMI, FLORIDA, AT AN ANNUAL RENT OF ONE AND NO/100 DOLLARS ($1.00) PLUS BUILDING OPERATING EXPENSES, FOR THE OPERATION OF A WORKFORCE DEVELOPMENT OFFICE PURSUANT TO THAT CERTAIN GRANT TO THE CITY FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD. 11-01091 Summary Form.pdf 11-01091 Legislation.pdf 11-01091 Exhibit 1 SUB.pdf R-12-0040 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Direction by Chair Suarez to the Administration to follow-up with answers to Commissioner Carollo's question as it relates to obtaining a cost savings on the lease agreement by closing the One Stop Center on the days that Lindsey Hopkins is closed. EXECUTIVE SESSION City ofMiami Page 13 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 2:00 P.M. ES.1 12-00031 Office of the City Attorney EXECUTIVE SESSION UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2011], THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF (1) CONTENDER FISHING TEAM, LLC AS OWNER OF THE VESSEL FL3021 NR FOR EXONERATION FROM OR LIMITATION OF LIABILITY V. CITY OF MIAMI, CLAIMANT, CASE NO.: 08-22268-CIV-HOEVELER AND (2) RICHARD S. SOL V. CITY OF MIAMI, ET AL., CASE NO.: 08-22498-CIV-HOEVELER, BOTH PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN FRANCIS SUAREZ, FRANK CAROLLO, MARC DAVID SARNOFF, WIFREDO (WILLY) GORT AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; AND DEPUTY CITY ATTORNEY WARREN BITTNER. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 12-00031 Memo - Office of the City Attorney. pdf DISCUSSED END OF EXECUTIVE SESSION RE.8 RESOLUTION 12-00031a Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FIREMAN'S FUND INSURANCE COMPANY, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $425,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, BROUGHT BY CONTENDER FISHING TEAM, LLC., CORY G. FRITZLER, AND FIREMAN'S FUND INSURANCE COMPANY, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CONSOLIDATED CASES STYLED, CONTENDER FISHING TEAM, LLC AS OWNER OF THE VESSEL FL3021 NR FOR EXONERATION FROM OR LIMITATION OF LIABILITY VS. CITY OF MIAMI, CASE NO.: 08-22268-CIV-HOEVELER, AND RICHARD S. SOL VS. CITY OF MIAMI, ETAL., CASE NO.: 08-22498-CIV-HOEVELER, BOTH PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS BY CONTENDER FISHING City ofMiami Page 14 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 TEAM, LLC., CORY G. FRITZLER, AND FIREMAN'S FUND INSURANCE COMPANY, AND OF A DISMISSAL OF THE CITY OF MIAMI AND OFFICER JOSE ESTEVEZ, WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 12-00031a Memo - Office of the City Attorney. pdf 12-00031a Memo - Financial Signoff.pdf 12-00031a Legislation.pdf R-12-0041 MOVED: Michelle Spence -Jones SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo RE.9 RESOLUTION 12-00012 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, AMONG THE CITY OF MIAMI ("CITY"), THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND THE FRIENDS OF MIAMI MARINE STADIUM, INC., A 501(C) 3 NON-PROFIT CORPORATION, ESTABLISHING THE CITY'S PARTICIPATION IN A PUBLIC -PRIVATE PARTNERSHIP IN ORDER TO PLAN, APPLY FOR GRANTS AND FUNDING, AND IMPLEMENT THE RENOVATION, OPERATION AND PUBLIC USE OF THE MIAMI MARINE STADIUM TO BE REDEVELOPED ON VIRGINIA KEY, MIAMI, FLORIDA; FURTHER TO PROVIDE FOR COMPLIANCE WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND ALL OTHER APPLICABLE GOVERNMENTAL FUNDING PROGRAMS. 12-00012 Summary Form 02/09/12.pdf 12-00012 Legislation (Version 3).pdf 12-00012 Exhibit 1 02/09/12.pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.9 was deferred to the Commission Meeting scheduled forFebruary 9, 2012. END OF RESOLUTIONS DISCUSSION ITEMS City ofMiami Page 15 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 DI.1 DISCUSSION ITEM 11-01090 Department of Management and Budget MONTHLY UPDATE OF THE CURRENT FISCAL YEAR BUDGET STATUS. 11-01090 Summary Form.pdf DISCUSSED Direction by the City Commission to the Administration to coordinate an Executive Session to discuss collective bargaining matters at the end of February as they relate to the FY' 13 budget, and ensure that both the pension expert and the City's expert attorney are present; further directing that the Executive Session is followed up with a Budget Workshop in the latter part of April, which will include a presentation by the Chief Financial Officer to discuss various options for revenue sources. DI.2 DISCUSSION ITEM 11-01225 Office of Grants Administration DISCUSSION REGARDING AN UPDATE ON THE ONE STOP CAREER CENTER PROJECT AT LINDSEY HOPKINS. 11-01225 Summary Form.pdf DISCUSSED DI.3 DISCUSSION ITEM 11-01092 Department of Capital Improvements Program DISCUSSION REGARDING THE OPERATION OF THE MIAMI TROLLEY PROGRAM. 11-01092 Summary Form.pdf DISCUSSED DI.4 DISCUSSION ITEM 11-01023 Department of Management and Budget DISCUSSION REGARDING ACOSTANALYSIS IN REFERENCE TO MOVING THE CITY'S ELECTION CYCLE TO MIAMI-DADE COUNTY'S ELECTION CYCLE. 11-01023 Summary Form.pdf NO ACTION TAKEN END OF DISCUSSION ITEMS City ofMiami Page 16 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 RESOLUTION 11-00910ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WAIVER OF THE WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTIONS 3(mm)(ii)(A) AND (B), ALLOWING A REDUCTION OF THE WATERFRONT SETBACK OF TWENTY-TWO FEET (22') BY TWELVE FEET (12'), RESULTING IN A TEN -FOOT (10') WATERFRONT SETBACK; FURTHER ALLOWING A REDUCTION OF THE REQUIRED SIDE -YARD SETBACK OF SIXTY-EIGHT FEET AND NINE INCHES (68'9") BY FORTY-EIGHT FEET NINE INCHES (48'9"), RESULTING IN A TWENTY -FOOT (20') SIDE -YARD SETBACK, FOR THE CRIMSON TOWER PROJECT, LOCATED AT APPROXIMATELY 527, 535 AND 623 NORTHEAST27TH STREET, MIAMI, FLORIDA. LOCATION: Approximately 527, 535 and 623 NE 27th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Mckafka Development Group, LLC, Contract Purchaser and Biscayne Bay of Miami, LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: This will allow the construction of a new waterfront -residential building along Biscayne Bay for the Crimson Tower project. 11-00910ww CC 02-09-12 Fact Sheet.pdf 11-00910ww Analysis (New), Maps & Sch. Concurrency.pdf 11-00910wwApplication & Supporting Documents.pdf 11-00910ww Zoning Write Up & Plans.pdf 11-00910ww CC Executed Legislation (Version 2) & Exhibit.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo Note for the Record: Item PZ.1 was deferred to the Commission Meeting scheduled for February 9, 2012. PZ.2 RESOLUTION City of Miami Page 17 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 10-00296cm A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANTS DATED NOVEMBER 11, 2010, AND RECORDED IN OFFICIAL RECORDS BOOK 27791, PAGES 0430-0435, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA. LOCATION: Approximately 350 NE 56th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ben J. Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 14, 2011 by a vote of 7-0. PURPOSE: This proposed modification will amend certain restrictions to the existing covenant. 10-00296cm CC 02-09-12 Fact Sheet.pdf 10-00296cm Analysis, Maps & PZAB Reso.pdf 10-00296cm Application & Supporting Documents.pdf 10-00296cm Legislation (Version 3) & Exhibits.pdf MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo Note for the Record: Item PZ.2 was deferred to the Commission Meeting scheduled for February 9, 2012. PZ.3 RESOLUTION 11-01047xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3, OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING FUNCTIONS: USES", AS PERMITTED BY EXCEPTION IN SPECIFIC URBAN CORE ZONE "T5-O", TO ALLOW A SUPPER CLUB TO SELL ALCOHOL UP TO 5:00 AM, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 59 NORTHWEST 36TH STREET, MIAMI, FLORIDA. City ofMiami Page 18 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 PZ.4 11-006991u LOCATION: Approximately 59 NW 36th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Louis J. Terminello, Esquire, on behalf of Bistro at LMNT, LLC; Lessee FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions* to City Commission on December 14, 2011 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a supper club to sell alcohol up to 5:00 am. 11-01047xc CC 01-26-12 Fact Sheet.pdf 11-01047xcAnalysis, Maps & PZAB Reso.pdf 11-01047xc Application & Supporting Documents.pdf 11-01047xc CC Legislation (Version 2) & Exhibit.pdf 11-01047xc-Submittal-Proposed Ground Floor Plan.pdf R-12-0042 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE Second 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 FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 19 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 PZ.5 11-00699zc LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-00699zc. PURPOSE: This will change the above property to "Restricted Commercial'. 11-006991u CC 01-26-12 SR Fact Sheet.pdf 11-006991u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-006991u Application & Supporting Documents.pdf 11-006991u CC Legislation (Version 2) & Exhibit.pdf 13305 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE Second 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 "Cl" CIVIC INSTITUTIONAL ZONE TO "T6-36B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 20 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 PZ.6 11-00806zt LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-006991u. PURPOSE: This will change the above property to "T6-36B-O" Urban Core Zone. 11-00699zc CC 01-26-12 SR Fact Sheet.pdf 11-00699zcAnalysis, Maps & PZAB Reso.pdf 11-00699zcApplication & Supporting Documents.pdf 11-00699zc CC Legislation (Version 2) & Exhibit.pdf 13306 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 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 MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 2] Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 PZ.7 11-00875zt LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish equivalent regulations and requirements from former Zoning Ordinance No. 11000 and place them in the Miami 21 Code; more specifically, to establish conditions and requirements for pleasure water crafts in T3 and T4 Transect Zones. 11-00806zt CC 01-26-12 SR Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 1).pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES" AND ARTICLE 6, ENTITLED "SUPPLEMENTAL REGULATIONS", TO MODIFY REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT (D) ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Made four separate motions* on December 14, 2011. *See PZAB motions. PURPOSE: This will modify requirements for public and commercial storage facilities in T5, T6, and District (D) Zones by providing additional flexibility to such use and remove distance separation requirements between such facilities. City ofMiami Page 22 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 PZ.8 11-007001u 11-00875zt CC 01-26-12 SR Fact Sheet.pdf 11-00875zt PZAB Resos.pdf 11-00875zt CC Legislation (Version 4).pdf 11-00875zt-Submittal-Proposed Storage Building.pdf 13307 MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo 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 PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. 11-007001u CC 01-26-12 FR Fact Sheet.pdf 11-007001u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-007001u Application & Supporting Documents.pdf 11-007001u CC Legislation (Version 2) & Exhibit.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones City ofMiami Page 23 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 PZ.9 11-00700zc Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones 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 "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. 11-00700zc CC 01-26-12 FR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: NOES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Commissioner(s) Carollo PZ.10 ORDINANCE First Reading 11-00791 zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, "GENERAL TO ZONES" AND ARTICLE 5, "SPECIFIC TO ZONES", TO PROVIDE REGULATIONS FOR STRUCTURES OTHER THAN SIGNS TO BE ALLOWED WITHIN DOMINANT SETBACKS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 24 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 14, 2011 by a vote of 7-0. PURPOSE: This will provide regulations for fences to be allowed to be placed in areas where dominant setbacks already exist, similar to existing provisions for dominant setback for buildings. 11-00791zt CC 01-26-12 FR Fact Sheet.pdf 11-00791zt PZAB Reso.pdf 11-00791zt CC Legislation (Version 2).pdf MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez NOES: Commissioner(s) Spence -Jones ABSENT: Commissioner(s) Carollo PZ.11 RESOLUTION 11-00477wt A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY INES MARRERO-PRIEGUES, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING THE WARRANT SPECIAL PERMIT FILE NO. 11-0020, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MAY 5, 2011, TO ALLOW A SPECIAL TRAINING/VOCATIONAL SCHOOL (EDUCATING HANDS SCHOOL OF MASSAGE) WITHIN AN EXISTING BUILDING ZONED "T6-12-L", LOCATED AT APPROXIMATELY 3883 BISCAYNE BOULEVARD, MIAMI, FLORIDA. City ofMiami Page 25 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 LOCATION: Approximately 3883 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Iris V. Burman, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions* of the Warrant and approval of the appeal. PLANNING, ZONING AND APPEALS BOARD: Approved the Warrant appeal by Geoffrey Bash, Abutting Property Owner, on December 14, 2011 by a vote of 4-3. *See supporting documentation. PURPOSE: The approval of this appeal will allow a massage school. 11-00477wt CC 01-26-12 Fact Sheet.pdf 11-00477wt PZAB Appeal Ltr & Reso.pdf 11-00477wt Zoning &Aerial Maps.pdf 11-00477wt Warrant Appeal Ltr, Final Dec., Application & Plans.pdf 11-00477wt CC Legislation (Vers. 3 & 4) & Exhibit.pdf MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo Note for the Record: Item PZ.11 was deferred to the Commission Meeting scheduled for March 22, 2012. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF City ofMiami Page 26 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 D3.1 12-00047 D4.1 12-00011 END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM DISCUSSION REGARDING ULTRA MUSIC FEST. 12-00047 Email - Ultra Music Fest.pdf DISCUSSED END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING MIAMI DOMAIN NAME. 12-00011 Email - Miami Domain Name.pdf DISCUSSED END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS NA.1 DISCUSSION ITEM 12-00106 NA.2 12-00109 CHAIR SUAREZ ACKNOWLEDGED THE PRESENCE, IN THE MIAMI CITY COMMISSION CHAMBERS, OF FORMER CITY OF MIAMI COMMISSIONER, VICTOR DE YURRE. DISCUSSED DISCUSSION ITEM DISCUSSION BY CHAIR SUAREZ REGARDING THE SELECTION City ofMiami Page 27 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 NA.3 12-00111 District 2- Commissioner Marc David Sarnoff PROCESS FOR THE CITY OF MIAMI'S AUDITOR GENERAL POSITION. 12-00109-Submittal-Charter Section 48-Auditor General.pdf 12-00109-Submittal-Job Description for Auditor General.pdf DISCUSSED Direction by the City Commission to the Administration to start a new hiring process for the selection of an Auditor General and work in consultation with Commissioner Carollo who will draft the procedures. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF THE DISCHARGE OF FIREWORKS UNTIL 11:00 P.M., ON THURSDAY, FEBRUARY 9, 2012, AT TERMINAL J OF THE PORT OF MIAMI, FOR THE FOREIGN TRADE ADVISORS OF FRANCE SYMPOSIUM, PURSUANT TO SECTION 19-7(C)(2) AND (4), ENTITLED "FIRE PROTECTION/MANUFACTURE, SALE, TIME OF DISPLAY AND DISCHARGE OF FIREWORKS." R-12-0044 MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo NA.4 DISCUSSION ITEM 12-00113 DISCUSSION BY COMMISSIONER SPENCE-JONES ON REDISTRICTING IN 2012 AT THE CITY LEVEL. 12-00113-Submittal-Redistricting in 2012 at the City Level.pdf DISCUSSED Direction by Vice Chair Sarnoff to the City Attorney to provide a legal opinion on the effects of Amendments 5 and 6 to political subdivisions of the State of Florida; further showing, constitutionally, how the City of Miami exists as a political subdivision of the State of Florida. Direction by Commissioner Spence -Jones to the Administration to place item NA.4 on the agenda for the City Commission scheduled on February 9, 2012. NA.5 DISCUSSION ITEM 12-00117 PRESENTATION BY THE BUILDING DEPARTMENT REGARDING THE STATUS OF UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI. 12-00117-Submittal-Building Department Presentation.pdf 12-0117-Submittal-Unsafe Structures Presentation.pdf DISCUSSED City ofMiami Page 28 Printed on 2/1/2012 City Commission Marked Agenda January 26, 2012 NA.6 DISCUSSION ITEM 12-00119 DISCUSSION BY COMMISIONER SPENCE-JONES REGARDING EVENTS WITH CULTURAL SIGNIFICANCE TO CITY OF MIAMI RESIDENTS. DISCUSSED Direction by Commissioner Spence -Jones to the Administration to provide a report at the February 9, 2012, City Commission meeting, that identifies key culturally significant events within the City of Miami and options on how to address these events. NA.7 RESOLUTION 12-00104 ADJOURNMENT A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITYATTORNEY'S CONTINUING REPRESENTATION OF DISTRICT 2 COMMISSIONER MARC SARNOFF FOR PURPOSES OF SEEKING INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS AT LAW OR IN EQUITY FOR PROTECTION AGAINST REPEAT VIOLENCE, INCLUDING REPEATED STALKING AND HARASSMENT, AND FINDING THAT SUCH CONTINUING REPRESENTATION BY THE CITY ATTORNEY SERVES A PUBLIC PURPOSE. 12-00104-Submittal-Draft Copy of Resolution.pdf R-12-0043 MOVED: SECONDED: UNANIMOUS Frank Carollo Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones The meeting adjourned at 7:28 p.m. City ofMiami Page 29 Printed on 2/1/2012