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HomeMy WebLinkAboutCC 2012-02-23 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, February 23, 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 AM - APPROVING MINUTES MV - MAYORAL VETOES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 2:00 PM. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS City of Miami Page 1 Prinked on 3,1,2012 City Commission Marked Agenda February 23, 2012 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 3/1/2012 City Commission Marked Agenda February 23, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 23rd day of February 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 Commission Meeting was called to order by Chair Suarez at 9:00 a.m., recessed at 10:27 a.m, reconvened at 11:17 a.m., recessed at 12:06 p.m, reconvened at 2:02 p.m, recessed at 5:13 p.m, reconvened at 5:19 p.m and adjourned at 6:29 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 9:02 a.m., Commissioner Spence -Jones entered the Commission chambers at 9:05 a.m., and Commissioner Carollo entered the Commission chambers at 9:07a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 12-00196 Honoree Presenter Protocol Item City of Miami Mayor Regalado Commendation Police Dept. Award Recipients Det. Daniel Garrido Ofc. Leonardo Carrillo Sgt. Kevin Harrison Ofc. Jonathan John Det. Alex Lamprou Hector Infante Arnold Yen Hiram Cabeza, PSA Olidia "Lee" Hernandez Community Friends Commissioner Gort 12-00196 Protocol Item.pdf PRESENTED Certificates of Appreciation 1) Mayor Regalado presented Certificates of Outstanding Service to the following members of the City of Miami Police Department for their commendable professionalism and commitment, as well as their outstanding valor in ensuring the safety of the community: Detective Daniel Garrido, 2011 Officer of the Year; Hector Infante and Arnold Yen, 2011 MPD Civilian Employees of the Year; Officer Leonardo Carillo, 2011 Community Policing Officer of the Year; Hiram Cabeza, 2011 Public Service Aide of the Year; Seargeant Kevin Harrison and Officer Jonathan John, 2012 LEO (Law Enforcement Officer) Awards Police Officers of the Year and Patrol Service; Detective Alex Lamprou, 2012 LEO Awards Investigator of the Year; and Olidia "Lee" Hernandez, 2012 LEO Safety Award. City ofMiami Page 3 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 2) Commissioner Gort presented Certificates of Appreciation to various community partners for their wonderful commitment to civic responsibility and communal welfare through generous donations and support for critical neighborhood projects in the City of Miami. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of January 26, 2012 MAYORAL VETOES MOVED: SECONDED: UNANIMOUS Frank Carollo Michelle Spence -Jones Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF APPROVING MINUTES NO 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.) ORDER OF THE DAY City ofMiami Page 4 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 12-00078 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Department of DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR Community 2012-2013, IN THE AMOUNT OF $4,965,718 FOR THE ACTIVITIES Development SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, COMMENCING APRIL 1, 2012; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSES. 12-00078 Summary Form.pdf 12-00078 Notice to the Public.pdf 12-00078 Legislation.pdf 12-00078 Exhibit 1.pdf R-12-0058 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.2 RESOLUTION 12-00079 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Department of DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR Community 2012-2013, IN THE AMOUNT OF $739,000, IN THE ECONOMIC Development DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AND THE AMOUNT OF $1,268,716 TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT RESERVE ACCOUNT, FOR A TOTAL AMOUNT OF $2,007,716, FOR ECONOMIC DEVELOPMENT ACTIVITIES FOR PROGRAM YEAR 2012-2013; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 12-00079 Summary Form.pdf 12-00079 Notice to the Public.pdf 12-00079 Legislation.pdf 12-00079 Exhibit 1.pdf R-12-0060 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo City ofMiami Page 5 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.3 RESOLUTION 12-00080 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Department of DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR Community 2012-2013, IN THE AMOUNT OF $651,296 TO THE ACTIVITIES SPECIFIED Development IN ATTACHMENT A", ATTACHED AND INCORPORATED, AND THE AMOUNT OF $93,562 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PUBLIC SERVICE RESERVE ACCOUNT, FOR A TOTAL AMOUNT OF $744,858, COMMENCING APRIL 1, 2012; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSES. 12-00080 Summary Form.pdf 12-00080 Notice to the Public.pdf 12-00080 Legislation.pdf 12-00080 Exhibit 1 SUB.pdf 12-00080 OBSOLETE R-12-0061 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 PH.4 RESOLUTION 12-00081 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ALLOCATION OF HOME INVESTMENT PARTNERSHIPS PROGRAM Department of FUNDS FOR PROGRAM YEAR 2012-2013, IN THE AMOUNT OF Community $2,948,939, FOR HOUSING PROGRAMS IN THE CATEGORIES Development SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSES. 12-00081 Summary Form.pdf 12-00081 Notice to the Public.pdf 12-00081 Legislation.pdf 12-00081 Exhibit 1.pdf R-12-0062 MOVED: SECONDED: UNANIMOUS Frank Carollo Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 6 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.5 RESOLUTION 12-00135 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, Department of TOTALING $362,000, IN THE AMOUNTS AND TO THE AGENCIES AS Community SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR Development PUBLIC SERVICES ACTIVITIES; ALLOCATING SAID FUNDS FROM THE MAYORS POVERTY INITIATIVE ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 12-00135 Summary Form 03/08/12.pdf 12-00135 Legislation (Version 2).pdf 12-00135 Exhibit 1 03/08/12.pdf MOVED: Michelle Spence -Jones SECONDED: UNANIMOUS Wifredo (Willy) Gort 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 PH.5 was deferred to the Commission Meeting scheduled for March 8, 2012. A motion was made by Commissioner Gort, seconded by Commissioner Carollo, and was passed unanimously, that from now on any budgetary item that comes before the City Commission must be signed by the Budget Director. PH.6 RESOLUTION 11-01203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Department of DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $670,000, Community FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT ECONOMIC Development DEVELOPMENT RESERVE ACCOUNT TO THE CITY OF MIAMI DEPARTMENT OF CODE ENFORCEMENT, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONDUCT CODE ENFORCEMENT ACTIVITIES IN THE ELIGIBLE TARGET AREAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-01203 Summary Form.pdf 11-01203 Notice to the Public.pdf 11-01203 Map of CDBG Eligible Areas.pdf 11-01203 Budget Comprising of Staff.pdf 11-01203 Violations from Staff 2010 & 2011 - 02/23/12.pdf 11-01203 Legislation.pdf 11-01203 Exhibit 1.pdf MOVED: Michelle Spence -Jones SECONDED: UNANIMOUS Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. City ofMiami Page 7 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.6 was deferred to the Commission Meeting scheduled for March 8, 2012. PH.7 RESOLUTION 12-00129 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Department of AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING Capital AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT IT IS MOST Improvements ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE Program COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85(A) AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $53,334, TO THE GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND ACTION COMMUNITY CENTER, INC., FOR PRE -ARRANGED TRANSPORTATION SERVICES FOR LOW TO MODERATE INCOME ELDERLY OR DISABLED MIAMI RESIDENTS; FURTHER AUTHORIZING A TWO (2) MONTH EXTENSION TO THE AGREEMENT FROM FEBRUARY 29, 2012 TO APRIL 30, 2012, OR UNTIL 30 DAYS AFTER A NOTICE TO PROCEED IS ISSUED FOR THE SUBSEQUENT CONTRACT, WHICHEVER OCCURS FIRST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 12-00129 Summary Form.pdf 12-00129 Notice to the Public.pdf 12-00129 Pre-Legislations.pdf 12-00129 Pre -Legislation & Pre-Agmt.pdf 12-00129 Legislation.pdf 12-00129 Exhibit 1.pdf R-12-0065 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 PH.8 RESOLUTION 12-00194 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE MIGUEL M. DE LA 0 TO ENTER INTO AN AGREEMENT TO TRANSACT BUSINESS WITH AND FOR THE CITY OF MIAMI, FOR THE PURPOSE OF PROVIDING EXPERT TESTIMONY IN THE CASE OF THE PAINTER V. CITY OF MIAMI, MIAMI-DADE CIRCUIT COURT CASE City ofMiami Page 8 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 SR.1 12-00134 District 3- Commissioner Frank Carollo SR.2 NUMBER 05-12967 CA (24). 12-00194 Memo - Office of the City Attorney. pdf 12-00194 Legislation. 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 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 AMENDING ARTICLE 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE FILLING TO LEVEL GRADE OF EXISTING EXCAVATED SITES OR EXCAVATED CONSTRUCTION SITES WITHIN THE CITY OF MIAMI; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 12-00134 Legislation. pdf 13312 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 ORDINANCE Second Reading 12-00094 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. 12-00094 Summary Form 02/23/12.pdf 12-00094 Legislation.pdf 13313 MOVED: Marc David Sarnoff City ofMiami Page 9 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 SR.3 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 ORDINANCE Second 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.1 12-00072 Department of Public Works 11-00765 Summary Form 02/23/12.pdf 11-00765 Legislation (Version 3).pdf 13311 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones NOES: Commissioner(s) Carollo and Suarez END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES," BY ASSIGNING ADMINISTRATIVE RESPONSIBILITIES FOR SAID ARTICLE TO THE CITY OF MIAMI BUILDING DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00072 Summary Form SR.pdf 12-00072 Legislation.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 10 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 FR.2 ORDINANCE First Reading 12-00153 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES", MORE PARTICULARLY BY AMENDING SECTION 10-63 ENTITLED "RESPONSIBILITIES OF OWNERS OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES", TO ADD METALLIC COVERINGS TO THE LIST OF MATERIALS USED TO SECURE BLIGHTED, UNSECURED OR ABANDONED STRUCTURES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00153 Summary Form SR.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-10.pdf 12-00153 Calls for Srvc. - 01-01 thru 12-31-11.pdf 12-00153 Legislation (Version 2).pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo FR.3 ORDINANCE First Reading 12-00156 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, Department of Solid ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE Waste PARTICULARLY BY AMENDING SECTIONS 22-1, 22-47 AND 22-50 TO ADD DEFINITIONS, ADD A MINIMUM PERIOD OF DURATION FOR PERFORMANCE BONDS, PROVIDE FOR ENHANCED MANAGEMENT, AND PRORATE THE EXISTING PERMIT PER ACCOUNT FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00156 Summary Form SR.pdf 12-00156 Legislation.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez FR.4 ORDINANCE First Reading 12-00157 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS Department of Solid AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE Waste PARTICULARLY BY AMENDING SECTION 22-15, ENTITLED" EDUCATIONAL TRUST FUND ESTABLISHED FROM THE RECYCLING City ofMiami Page 11 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 PROGRAM FOR SCHOLARSHIPS TO CHILDREN OF CERTAIN CITY EMPLOYEES; CONDITIONS FOR IMPLEMENTATION" TO SPECIFY THE PURPOSE AND TIMEFRAME FOR THE AWARDING OF SCHOLARSHIPS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00157 Summary Form SR.pdf 12-00157 Legislation (Version 2).pdf MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones FR.5 ORDINANCE First Reading 12-00158 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS Department of Solid AMENDED ("CITY CODE"), ENTITLED "GARBAGE AND OTHER SOLID Waste WASTE," MORE PARTICULARLY BY AMENDING SECTION 22-93 ENTITLED "ENFORCEMENT AND ADMINISTRATIVE FEES", TO DETAIL AN ENFORCEMENT AND COLLECTION PROCESS, DELETING CODE ENFORCEMENT PROCEDURES ALREADY SET FORTH IN CHAPTER 2 OF THE CITY CODE; FURTHER CREATING SECTION 22-94 TO PROVIDE FOR AN APPEAL PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RE.1 12-00073 Department of Police 12-00158 Summary Form SR.pdf 12-00158 Legislation.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones NOES: Commissioner(s) Carollo END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED OCTOBER 19, 2011, PURSUANT TO INVITATION FOR BID NO. 273272, FROM FISHER SCIENTIFIC COMPANY, LLC., THE LOWEST RESPONSE AND RESPONSIBLE BIDDER FOR GROUP 1: FIRST RESPONDER RESPIRATORS AND ACCESSORIES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER City ofMiami Page 12 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 12-00073 Summary Form.pdf 12-00073 Award Recommendation Form.pdf 12-00073 Tabulation.pdf 12-00073 Invitation for Bid.pdf 12-00073Addendum No. 1.pdf 12-00073 Legislation.pdf R-12-0055 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 RE.2 RESOLUTION 12-00074 Department of Public Works RE.3 11-01220 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT FORTY ONE (41) RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. 12-00074 Summary Form.pdf 12-00074 Legislation.pdf 12-00074 Exhibit 1.pdf R-12-0056 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY REGARDING THE PROVISION OF THE CITY OF MIAMI'S GROUP BENEFITS DENTAL PPO INSURANCE PLAN; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; EXTENDING THE EXISTING AGREEMENT WITH METLIFE, INC. FORA PERIOD NOT TO EXCEED FOUR (4) MONTHS OR UNTIL THE PENDING PROTEST IS City ofMiami Page 13 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 RE.4 12-00110 Department of Risk Management RESOLVED, WHICHEVER OCCURS FIRST, IN AN AMOUNT NOT TO EXCEED $50.17 PER EXECUTIVE EMPLOYEES AND $153.35 PER EXECUTIVE EMPLOYEES AND THEIR FAMILY FOR THE DENTAL PPO INSURANCE PLAN, AND $36.81 PER ALL OTHER EMPLOYEES, $75.80 PER EMPLOYEES AND THEIR DEPENDENT SPOUSE, $75.13 PER EMPLOYEES AND THEIR DEPENDENT CHILDREN, AND $134.02 PER EMPLOYEES AND ALL DEPENDENTS FOR THE DENTAL PPO INSURANCE PLAN. 11-01220 Summary Form.pdf 11-01220 Emergency Finding - Dental PPO.pdf 11-01220 Letter - Reco. Eval. Cmmte.pdf 11-01220 Summary Evaluation Sheet.pdf 11-01220 MetLife.pdf 11-01220 Legislation (Version 2).pdf 11-01220 Exhibit 1.pdf R-12-0063 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY REGARDING THE PROVISION OF THE CITY OF MIAMI'S GROUP BENEFITS DENTAL HMO PLAN; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; EXTENDING THE EXISTING AGREEMENT WITH SOLSTICE BENEFITS, INC. FORA PERIOD NOT TO EXCEED FOUR (4) MONTHS OR UNTIL THE PENDING PROTEST IS RESOLVED, WHICHEVER OCCURS FIRST, IN AN AMOUNT NOT TO EXCEED $12.18 PER EMPLOYEE AND $30.52 PER EMPLOYEES AND THEIR FAMILY FOR THE DENTAL HMO PLAN. 12-00110 Summary Form.pdf 12-00110 Emergency Finding - Dental HMO.pdf 12-00110 Letter- Reco. Eval. Cmmte.pdf 12-00110 Summary Evaluation Sheet.pdf 12-00110 Letter- Group Renewal.pdf 12-00110 Paragon Group Dental Benefit Contract.pdf 12-00110 Legislation (Version 2).pdf 12-00110 Exhibit 1.pdf R-12-0064 MOVED: Marc David Sarnoff City ofMiami Page 14 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 SECONDED: UNANIMOUS Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.5 RESOLUTION 12-00014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CODESIGNATING SOUTHWEST 19TH AVENUE FROM District 3- SOUTHWEST 1ST STREET TO NORTHWEST 1ST STREET, MIAMI, Commissioner Frank FLORIDA, AS "ANGEL CALZADILLA WAY;" FURTHER DIRECTING THE Carollo CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 12-00014 Legislation.pdf 12-00014 Exhibit 1.pdf R-12-0057 MOVED: SECONDED: UNANIMOUS Frank Carollo Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.6 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 AND APPLY FOR GRANTS AND FUNDING FOR THE RESTORATION OF THE STADIUM, AND DEVELOP AN OPERATING PLAN FOR THE OVERALL DEVELOPMENT 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 DEED RESTRICTIONS AND GOVERNMENTAL FUNDING PROGRAMS. 12-00012 Summary Form 03/08/12.pdf 12-00012 Memo - Proposed Revisions 03/08/12.pdf 12-00012 Memorandum of Understanding 03/08/12.pdf 12-00012 Legislation (Version 3).pdf 12-00012 Exhibit 1 03/08/12.pdf MOVED: SECONDED: Michelle Spence -Jones Frank Carollo City ofMiami Page 15 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 BI.1 12-00089 Department of Management and Budget UNANIMOUS 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.6 was deferred to the Commission Meeting scheduled for March 8, 2012. END OF RESOLUTIONS BUDGET BUDGET DISCUSSION ITEM STATUS (SEC.18-542(b) CITY CODE) I. 2011-2012 BUDGET II.PROPOSED 2012-2013 BUDGET 12-00089 Summary Form.pdf DISCUSSED Direction by Commissioner Spence -Jones to the Administration for the Budget Director to provide a report regarding the funds that should have been allocated from murals, billboards, and the Magic City Casino, toward parks and senior services within the City of Miami, as well as, a report on potential revenue sources. DI.1 DISCUSSION ITEM 12-00160 Office of Grants Administration END OF BUDGET DISCUSSION ITEM UPDATE ON THE ESTABLISHMENT OF THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT. 12-00160 Summary Form.pdf MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo 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 DI.1 was deferred to the Commission Meeting scheduled for March 8, 2012. END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS City ofMiami Page 16 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 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 02-23-12 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 11-00910ww-Submittal-Correspondence-Iris Escarra.pdf R-12-0066 MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones PZ.2 RESOLUTION 11-01196rw A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING FINDINGS City ofMiami Page 17 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 PZ.3 11-00791 zt AND APPROVING A WAIVER OF TIME LIMITS FOR CONSIDERATION BY THE PLANNING ZONING AND APPEALS BOARD ("PZAB") PURSUANT TO ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES, SECTION 7.1.2.8(G)(7) OF THE MIAMI 21 CODE, ALLOWING THE PZAB TO CONSIDERACHANGE OF ZONING FORA PROPERTY APPROXIMATELY LOCATED AT 150 NORTHEAST 42ND STREET, 135 NORTHEAST 41 ST STREET AND 115 NORTHEAST 41 ST STREET, MIAMI, FLORIDA, WHICH WERE REZONED WITHIN THE PRECEDING EIGHTEEN (18) MONTHS. LOCATION: Approximately 150 Northeast 42nd Street, 135 Northeast 41 st Street and 115 Northeast 41 st Street [Commissioner Michelle Spence Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of FFAC, LLC (Del.), Begonia Holdings, LLC (Del.) and Dacra Design Moore, LLC (Del.), Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow the PZAB to consider a request to rezone the subject properties, which were rezoned within the preceding eighteen (18) months. 11-01196rw CC 03-08-12 Fact Sheet.pdf 11-01196rwAnalysis & Maps.pdf 11-01196rwApplication & Supporting Documents.pdf 11-01196rw CC Legislation (Version 2).pdf MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones Note for the Record: Item PZ.2 was deferred to the Commission Meeting scheduled for March 8, 2012. 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 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 18 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 PZ.4 11-00806zt 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 02-23-12 SR Fact Sheet.pdf 11-00791zt PZAB Reso.pdf 11-00791zt CC Executed Legislation (Version 2).pdf 13314 MOVED: SECONDED: Wifredo (Willy) Gort Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo 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 19 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 PZ.5 11-007001u 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 02-23-12 SR Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 1).pdf MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones 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. City ofMiami Page 20 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 PZ.6 11-00700zc 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 02-23-12 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: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones 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. City ofMiami Page 2] Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 D1.1 12-00107 11-00700zc CC 02-23-12 FR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones 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 DISCUSSION ITEM DISCUSSION REGARDING FOOD TRUCKS. 12-00107 Email - Food Trucks.pdf DISCUSSED END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 12-00150 UPDATE ON THE REACTIVATION OF THE NUISANCE ABATEMENT BOARD. 12-00150 Reactivate Nuisance Abatement Bd.pdf DISCUSSED City ofMiami Page 22 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 (D2.1) RESOLUTION 12-00150a A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chris Mason Commissioner Michelle Spence -Jones R-12-0067 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 D2.2 DISCUSSION ITEM 12-00101 DISCUSSION REGARDING CITY ATTORNEY AND BUDGET OFFICES SHOULD BE EXCLUDED FROM CIVIL SERVICE REQUIREMENTS. 12-00101 Email - Excluded from Civil Srvc. Rqmts. pdf DISCUSSED Direction by Vice Chair Sarnoff to the Administration for the Director of Human Resources to perform an analysis of all the positions within each City department to determine which positions should be excluded from the classified service and included in the unclassified service to be brought before the City Commission within the next 40 days. D2.3 DISCUSSION ITEM 12-00102 DISCUSSION REGARDING TCO SHOULD NOT BE ISSUED PRIOR TO COMPLETION OF THE RIVERWALK AND OR BAYWALK. 12-00102 Email - Issued TCO - Riverwalk & Baywalk.pdf DISCUSSED Direction by Vice Chair Sarnoff to the Administration for the Planning Director to draft legislation that requires riverwalks/baywalks to be completed before a TCO (Temporary Certificate of Occupancy) is granted, when applicable. D2.4 DISCUSSION ITEM City ofMiami Page 23 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 12-00195 DISCUSSION REGARDING ADULT ENTERTAINMENT STORES OPERATING IN VIOLATION OF MIAMI21'S REGULATIONS. 12-00195 Email - Violation Miami21's Regulations.pdf DISCUSSED END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS NA.1 DISCUSSION ITEM 12-00233 A MOMENT OF SILENCE WAS OBSERVED FOR THE PASSING OF ELOY VEGA, CITY OF MIAMI CODE ENFORCEMENT INSPECTOR, AND WHITNEY HOUSTON, SINGER AND ENTERTAINER. DISCUSSED NA.2 DISCUSSION ITEM 12-00235 A MOMENT OF SILENCE WAS OBSERVED FOR THE PASSING OF VICE CHAIR MARC DAVID SARNOFF'S FATHER. DISCUSSED NA.3 DISCUSSION ITEM 12-00238 PRESENTATION BY GEORGE MENSAH, DIRECTOR OF COMMUNITY DEVELOPMENT, REGARDING THE CITY OF MIAMI'S 2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION AND THE FORMULA USED BY THE FEDERAL GOVERNMENT TO CALCULATE THE FUNDS AVAILABLE TO THE CITY. City ofMiami Page 24 Printed on 3/1/2012 City Commission Marked Agenda February 23, 2012 12-00238-Submittal-Presentation by George Mensah.pdf DISCUSSED A motion was made by Chair Suarez, seconded by Commissioner Spence -Jones, and was passed unanimously, for the City of Miami Commission to oppose the manner in which HUD (Department of Housing and Urban Development) is computing overcrowding in the City of Miami, which is having a tremendously deleterious effect on the City's Community Development funding. NA.4 RESOLUTION 12-00231 ADJOURNMENT A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM THE MASQUERADE MOTEL EVENT, HELD FROM 12:00 PM - 11:00 PM, ON FRIDAY, MARCH 23, 2012 AND SATURDAY, MARCH 24, 2012, AT GRAND CENTRAL PARK AT 721 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA. R-12-0059 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff and Suarez NOES: Commissioner(s) Gort ABSENT: Commissioner(s) Carollo and Spence -Jones Meeting adjourned at 6:29 p.m. City ofMiami Page 25 Printed on 3/1/2012