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HomeMy WebLinkAboutCC 2012-03-22 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, March 22, 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 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 D1 - DISTRICT 1 ITEMS City of Miami Page 1 Prinked on 4/2,2012 City Commission Marked Agenda March 22, 2012 D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 22nd day of March 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 12:00 p.m, reconvened at 2:00 p.m., recessed at 2:51 p.m, reconvened at 2:59 p.m, and adjourned at 6:41 p.m. Note for the Record: Vice Chair Sarnoff and Commissioner Carollo entered the Commission chambers at 9:03 a.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 12-00311 PRESENTATION Honoree Outstanding Miami Women Miami Bike Month Christina Fernandez Presenter Mayor Regalado & Commissioners Mayor Regalado Mayor Regalado Jorge R. Mas Chairman Suarez Miami Police Department Sgt. Alberto Pacheco Det. Mario Rodriguez Det. Suberto Hernandez Det. Rossicia Allen Det. Luis Camacho Det. Alfredo Matias Det. Luis Valdes Det. Gary Sampson Det. Elijah Taylor Miami River Commission Commissioner Carollo Commissioner Carollo Protocol Item Commendations Proclamation Cert. of Appreciation (Retirement) Salute Commendations Certificate of Appreciation 12-00311 Protocol Item.pdf 12-00311-Commission On The Status Of Women Breakfast Event Program.pdf PRESENTED 1) In celebration of National Women's History Month, the City of Miami Mayor and Commissioners honored outstanding women within the community as follows: Mayor Regalado - Helena Del Monte, Executive Director and CEO of the Association for the City of Miami Page 3 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 Development of the Exceptional, Inc.; Chair Suarez - Andrea Ivory, Founder and Executive Director of the Women's Breast Initiative; Vice Chair Sarnoff - Lilia Garcia, Retired Educator, Miami Dade County Public Schools; Commissioner Carollo - Dr. Gina Cortes-Suarez, President, Miami Dade College Inter -American Campus; Commissioner Spence -Jones - Jackie Bell, Executive Director of the New Washington Heights Community Development Conference, Inc.; Trailblazer Awards - Mildred "Milli" Smith, Director of Intergovernmental and Military Affairs, Kim Griffin -Hunter, Partner at Deloitte and Touche, LLP and Dorothy Wright -Edwards, Retired Educator and First Dean of Girls, D.A. Dorsey Educational Center and Miami Northwestern High School; Miami Commission on the Status of Women Honoree - Sandra L. Jackson, Senior Human Resources Manager, Community Action and Human Services Department of Miami -Dade County; and Julia Tuttle Award - Debbie Wasserman Shultz, Congresswoman, United States House of Representatives, 20th District of Florida. 2) Chair Suarez presented a proclamation on behalf of Mayor Regalado, which declares the month of March 2012, "Miami Bike Month", issuing a call to the residents of the City of Miami to increase their use of public transit, walking and bicycles, to provide an opportunity to promote health and wellness and to address the problem of greenhouse gas emissions. 3) Chair Suarez paid tribute to the Veterans Link -Up in recognition of their spirit of communal responsibility and civic engagement in their efforts to build a partnership of military and civilian service providers to honor the service of military personnel, veterans, and the sacrifices of their families. 4) Chair Suarez paid tribute to the keen insight and strong leadership of Jose R. Mas, CEO and Vice Chairman of MasTec, Inc. who was named winner of the Ernst & Young National Entrepreneur of the Year 2011 Real Estate, Construction and Lodging Award, honoring his ability to bring MasTec through a trying phase while continuing to expand the business and whose vision and entrepreneurial spirit earned him distinctive recognition from the world's most prestigious business award for entrepreneurs. 5) Commissioner Carollo presented a Certificate of Appreciation to the Miami River Commission for donating their time to beautify the Miami River Greenway, a publicly accessible pedestrian path along the Miami River. 6) Commissioner Carollo presented Commendations to various members of the City of Miami Police Department for their courage as they risk their lives in service to the well being of the residents of the City of Miami and as part of the Crime Suppression team elevate the quality of life of the community through the suppression of illegal drug sales. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of February 23, 2012 MOVED: SECONDED: Marc David Sarnoff Michelle Spence -Jones 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 MAYORAL VETOES City ofMiami Page 4 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 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 of Miami Page 5 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 12-00138 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE ALLOCATION FOR PROGRAM YEAR Department of 2012-2013 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS Community PROGRAM FUNDS, IN THE AMOUNT OF $12,163,466, AS SPECIFIED IN Development ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 12-00138 Summary Form.pdf 12-00138 Notice to the Public.pdf 12-00138 Legislation.pdf 12-00138 Exhibit 1.pdf R-12-0111 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 PH.2 RESOLUTION 12-00222 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING Department of OPPORTUNITIES FOR PERSONS WITH AIDS PRIOR YEARS' RESERVE Community FUNDS, IN THE TOTAL AMOUNT OF $996,820; ALLOCATING SAID FUNDS Development TO THE AGENCIES AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES DURING FISCAL YEAR 2012-2013 TO ADDITIONAL LOW INCOME INDIVIDUALS LIVING WITH AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00222 Summary Form.pdf 12-00222 Notice to the Public.pdf 12-00222 Legislation.pdf 12-00222 Exhibit 1.pdf R-12-0112 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Frank Carollo City ofMiami Page 6 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PH.3 RESOLUTION 12-00299 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION FOR PROGRAM Department of YEAR 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, Community IN THE AMOUNT OF $24,214 FROM THE DISTRICT 3 RESERVE Development ACCOUNT, IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES, AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 12-00299 Summary Form.pdf 12-00299 Legislation.pdf 12-00299 Exhibit 1.pdf R-12-0113 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 PH.4 RESOLUTION 12-00224 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED, IN SUBSTANTIALLY THE FORM OF EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, CONVEYING AT NO COST TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI, FLORIDA-OWNED PROPERTY LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE OVERTOWN SHOPPING CENTER; FURTHER AUTHORIZING THE EXECUTION AND RECORDATION OF A COVENANT OF USE IN FAVOR OF THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION, IN SUBSTANTIALLY THE FORM OF EXHIBIT "B," ATTACHED HERETO AND MADE A PART HEREOF. 12-00224 Summary Form.pdf 12-00224 Notice to the Public.pdf 12-00224 Federal Grant.pdf 12-00224 Grant Memorandum.pdf 12-00224 Release of Property Interest.pdf 12-00224 Legislation.pdf 12-00224 Exhibit 1 SUB.pdf R-12-0114 MOVED: Michelle Spence -Jones City of Miami Page 7 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 SECONDED: Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff PH.5 RESOLUTION 12-00241 City Manager's Office FR.1 12-00256 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR FINANCIAL SERVICES IN SUPPORT OF COLLECTIVE BARGAINING, LABOR NEGOTIATIONS, AND RELATED BUDGET ISSUES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), AND THE FINANCIAL FIRM, PUBLIC FINANCIAL MANAGEMENT, INC., IN AN AMOUNT NOT TO EXCEED $110,144.00, FOR THE PROVISION OF QUANTITATIVE AND ANALYTICAL FINANCIAL SERVICES TO THE CITY IN SUPPORT OF COLLECTIVE BARGAINING, LABOR NEGOTIATIONS, AND RELATED BUDGET ISSUES; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531000. 12-00241 Summary Form.pdf 12-00241 Notice to the Public.pdf 12-00241 Memo - Public Financial Management.pdf 12-00241 Pre-Legislation.pdf 12-00241 Municode - Section 18-85.pdf 12-00241 Legislation.pdf 12-00241 Exhibit 1.pdf R-12-0117 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 Spence -Jones END OF PUBLIC HEARINGS ORDINANCE - FIRST READING ORDINANCE 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", First Reading City ofMiami Page 8 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 MORE PARTICULARLY BY AMENDING SECTION 10-66, ENTITLED "ENFORCEMENT", AUTHORIZING LEVY AND COLLECTION OF SPECIAL ASSESSMENT LIENS; AND PROVIDING FOR THE ENFORCEMENT THEREOF; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00256 Memo - Office of the City Attorney. pdf 12-00256 Legislation.pdf MOVED: Michelle Spence -Jones SECONDED: UNANIMOUS Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF FIRST READING ORDINANCE RE.1 RESOLUTION 12-00223 Department of Public Works RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 10, 2012, PURSUANT TO INVITATION FOR BIDS NO. 11-12-014, FROM THOMAS MAINTENANCE SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITY LOTS AND RIGHTS OF WAY LANDSCAPING, M-0082", FORA ONE (1) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $152,686.14; ALLOCATING FURTHER AUTHORIZING FOUR (4) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW IN AN ANNUAL AMOUNT NOT TO EXCEED $152,686.14, SUBJECT TO CITY COMMISSION APPROVAL AND AVAILABILITY OF FUNDING; ALLOCATING SAID FUNDS, FROM ACCOUNT NO. 00001.202000.534000, FOR FISCAL YEAR 2012, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 12-00223 Summary Form.pdf 12-00223 Legislation.pdf 12-00223 Exhibit 1 SUB.pdf R-12-0118 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, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff City ofMiami Page 9 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 RE.2 RESOLUTION 12-00207 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $183,750 FOR THE LITTLE RIVER WATERFRONT PARK ACQUISITION PHASE II PROJECT; AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR SEVENTY-FIVE PERCENT (75%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $551,250, AVAILABLE UNDER THE BAYFRONT-RIVERFRONT LAND ACQUISITION TRUST; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION, THE EXECUTION OF GRANT OR DEED AGREEMENTS, AND THE ACCEPTANCE AND APPROPRIATION OF MATCHING FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2012-2013. 12-00207 Summary Form.pdf 12-00207 Legislation.pdf 12-00207 Exhibit 1.pdf R-12-0119 MOVED: Michelle Spence -Jones SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff and Carollo RE.3 RESOLUTION 12-00139 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED JANUARY 27, 2012, PURSUANT TO INVITATION FOR BID Department of NO. 291252, FROM KRESSE & ASSOCIATES, LLC (PRIMARY) AND Planning DOWNTOWN REPORTING, LLC (SECONDARY), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR COURT REPORTING SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) 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. 12-00139 Summary Form.pdf 12-00139Award Recommendation Form.pdf 12-00139 Tabulation of Bids.pdf 12-00139 Detail by Entity Names.pdf 12-00139 Addendums No. #1 - #5.pdf 12-00139 Invitation for Bid.pdf 12-00139 Legislation.pdf City of Miami Page 10 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 R-12-0120 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff and Carollo Direction by Commissioner Gort to the City Attorney to bring back the appropriate code amendments for the purpose of removing the requirement of court reporting services for City Boards. RE.4 RESOLUTION 12-00254 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE AMENDED BUDGETS OF THE Community SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT Redevelopment DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, Agency (CRA) ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AS APPROVED BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS. RE.5 12-00264 District 2- Commissioner Marc David Sarnoff 12-00254 Summary Form.pdf 12-00254 Memo -Amended Budgets - FY' 12.pdf 12-00254 Legislation.pdf 12-00254 Exhibit 1.pdf R-12-0121 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff and Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING MIAMI-DADE COUNTY TO ADD A LIMITED -STOP EXPRESS BUS FROM THE CITY OF MIAMI TO MIAMI BEACH (SOUTH BEACH) TO ITS TRANSIT SERVICES; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 12-00264 Legislation.pdf R-12-0122 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. City of Miami Page 11 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 RE.6 12-00266 District 2- Commissioner Marc David Sarnoff AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS AT LAW OR IN EQUITY TO PREVENT THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS FROM RELOCATING SEXUAL PREDATORS AND OFFENDERS TO LIVE ON THE PUBLIC RIGHT OF WAY IN THE CITY INCLUDING, BUT NOT LIMITED TO, THE UPPER EASTSIDE REGION OF THE CITY, IN AN EFFORT TO PRESERVE AND PROTECT THE PUBLICS HEALTH, SAFETY AND WELFARE. 12-00266 Legislation.pdf R-12-0123 MOVED: Marc David Sarnoff SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff Direction by Chair Suarez and Vice Chair Sarnoff to the Administration for the Police Chief to develop draft legislation within 60 days, in collaboration with Ronald L. Book, Esq., Chair of the Miami -Dade Homeless Trust Board, that will address housing issues related to sexual predators in the City of Miami. RE.7 RESOLUTION 12-00154 Department of Management and Budget 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. 12-00154 Summary Form.pdf 12-00154 Memo - Year -End Budget Amendment.pdf 12-00154 Legislation.pdf MOVED: Michelle Spence -Jones SECONDED: UNANIMOUS Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.8 RESOLUTION 12-00310 A RESOLUTION OF THE MIAMI CITY COMMISSION SELECTING TED City of Miami Page 12 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 City Commission GUBAAS THE SUCCESSFUL CANDIDATE TO BE APPOINTED AS INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, SUBJECT TO COMMISSIONER FRANK CAROLLO NEGOTIATING ACCEPTABLE TERMS AND CONDITIONS OF TED GUBA'S EMPLOYMENT WHICH INCLUDES COMPENSATION AND EMOLUMENTS. 12-00310 Legislation. pdf 12-00310 Applications. pdf 12-00310-Submittal-Selection Ballot For The Selection Of City Auditor. pdf R-12-0115 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff 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 RE.9 RESOLUTION 12-00315 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A POLICY FOR THE DISTRIBUTION OF PUBLIC OR COMMUNITY District3- BENEFITS TICKETS AS STATED HEREIN. Commissioner Frank Carollo BI.1 12-00148 Department of Management and Budget 12-00315 Legislation. pdf R-12-0124 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 END OF RESOLUTIONS BUDGET BUDGET DISCUSSION ITEM STATUS (SEC.18-542(b) CITY CODE) I. 2011-2012 BUDGET II.PROPOSED 2012-2013 BUDGET 12-00148 Summary Form.pdf City of Miami Page 13 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 DI.1 12-00267 Department of Community Development DISCUSSED END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING THE HIV/AIDS PARTNERSHIP COMMITTEE ANNUAL REPORT TO STRESS THE DIFFERENT NEEDS AND STATISTICS THAT EXIST IN THE COMMISSIONERS' VARIOUS DISTRICTS. 12-00267 Summary Form.pdf 12-00267 - 2010 Annual Report.pdf 12-00267-Submittal-HIV AIDS Partnership Committee Annual Report.pdf DISCUSSED DI.2 DISCUSSION ITEM 12-00146 Department of Public Facilities DISCUSSION REGARDING A REPORT DETAILING THE COMMITMENTS AGREED TO BY FLAGSTONE ISLAND GARDENS AND THEIR RESPECTIVE STATUS COMPLETION. 12-00146 Summary Form.pdf MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.3 DISCUSSION ITEM 12-00147 Department of Public Facilities DISCUSSION REGARDING A REPORT DETAILING THE STATUS OF FUNDING FOR THE FLAGSTONE ISLAND GARDENS PROJECT. 12-00147 Summary Form.pdf MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.4 DISCUSSION ITEM City of Miami Page 14 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 12-00248 City Manager's Office DISCUSSION REGARDING A DETAILED REPORT OUTLINING ALL THE STEPS IN THE REDISTRICTING PROCESS. 12-00248 Summary Form.pdf 12-00248 Memo - Redistricting.pdf DISCUSSED DI.5 DISCUSSION ITEM 12-00077 DISCUSSION CONCERNING THE CITYATTORNEY'S PREPARATION OF VARIOUS RESOLUTIONS FOR CHARTER AMENDMENTS THAT CHANGE THE DATES OF THE CITY OF MIAMI'S ELECTIONS TO COINCIDE WITH COUNTYWIDE ELECTIONS. 12-00077 Summary Form.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 DI.5 was deferred to the Commission Meeting scheduled for April 12, 2012. DI.6 DISCUSSION ITEM 12-00255 Department of Finance QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR 1ST QUARTER ENDING 12/31/11. 12-00255 Summary Form.pdf DISCUSSED DI.7 DISCUSSION ITEM 12-00160 Office of Grants Administration 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 WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 15 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 11-00806zt PZ.2 11-007001u 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. 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 03-22-12 SR Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 1).pdf MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones Note for the Record: Item PZ. 1 was deferred to the Commission Meeting scheduled for May 24, 2012. 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 City of Miami Page 16 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 PZ.3 11-00700zc 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 03-22-12 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: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones Note for the Record: Item PZ.2 was deferred to the Commission Meeting scheduled for May 24, 2012. 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. City of Miami Page 17 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 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 03-22-12 FR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhibit.pdf MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones Note for the Record: Item PZ.3 was deferred to the Commission Meeting scheduled for May 24, 2012. PZ.4 RESOLUTION 11-01196rw A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING FINDINGS 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. City of Miami Page 18 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 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 03-22-12 Fact Sheet.pdf 11-01196rwAnalysis & Maps.pdf 11-01196rwApplication & Supporting Documents.pdf 11-01196rw CC Legislation (Version 2).pdf 11-01196rw-Submittal-Miami Design District Retail Street Special Area PLan.pdf 11-01196rw-Submittal-Miami 21 Regulations.pdf R-12-0125 MOVED: SECONDED: Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff PZ.5 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 of Miami Page 19 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 D2.1 12-00253 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 03-22-12 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 Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff 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 DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. City ofMiami Page 20 Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 12-00253 Email - Status of Hiring Police Officers.pdf DEFERRED Note for the Record: Item D2.1 deferred to the Commission Meeting scheduled for April 12, 2012. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ D4.1 DISCUSSION ITEM 12-00249 DISCUSSION REGARDING MIAMI-DADE COUNTY CEDING CONTROL OF TRAFFIC CALMING DEVICES IN RESIDENTIAL NEIGBORHOODS. 12-00249 Email - Traffic Calming Devices.pdf DISCUSSED END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS NA.1 DISCUSSION ITEM 12-00344 ADJOURNMENT DISCUSSION BY COMMISSIONER SPENCE-JONES REQUESTING THAT EACH CITY COMMISSIONER NOMINATE TWO CITY DIRECTORS FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR OUTSTANDING LEADERSHIP AND ABILITY TO INSPIRE OTHERS AS PART OF THE BELIEVE CAMPAIGN. DISCUSSED Direction by Commissioner Spence -Jones to the City Clerk to receive the nominations from each City Commissioner and forward them to the Chair for recognition at the April 26, 2012 City Commission meeting. City ofMiami Page 2] Printed on 4/2/2012 City Commission Marked Agenda March 22, 2012 The meeting adjourned at 6:41p.m. City ofMiami Page 22 Printed on 4/2/2012