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HomeMy WebLinkAboutCC 2012-06-28 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, June 28, 2012 9:00 AM City Hall Commission Chambers Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES PA - PERSONAL APPEARANCE SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BI - BUDGET DI - DISCUSSION ITEMS CONTENTS 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 7/5/2012 City Commission Marked Agenda June 28, 2012 D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo, Chair Suarez and Commissioner Spence -Jones On the 28th day of June 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 9:52 a.m., reconvened at 10:01 a.m., recessed at 11:03 a.m, reconvened at 11:06 a.m., recessed at 12:00 p.m, reconvened at 2:00 p.m., and adjourned at 5:53 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9:16 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, CMC, City Clerk PRESENTATIONS AND PROCLAMATIONS APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Commission Meeting of May 24, 2012 MAYORAL VETOES MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) 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 of Miami Page 3 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 PERSONAL APPEARANCE PA.1 PRESENTATION 12-00618 District 4- Commissioner Francis Suarez SR.1 MR. HUSEIN CUMBER, EXECUTIVE VICE PRESIDENT FOR CORPORATE DEVELOPMENT FOR THE FLORIDA EAST COAST (FEC) RAILWAY, LLC, TO ADDRESS THE STATUS OF THE FEC PASSENGER RAIL PROJECT. 12-00618 Personal Appearance - Husein Cumber .pdf PRESENTED END OF PERSONAL APPEARANCE ORDINANCES - SECOND READING ORDINANCE Second Reading 12-00514 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS District 4- AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY Commissioner AMENDING ARTICLE 5, ENTITLED " CODE RELIEF PROGRAM TO Francis Suarez MODIFY THE MITIGATION OF FINES DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00514 Legislation FR/SR.pdf 13327 MOVED: SECONDED: Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 4 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 AYES: Commissioner(s) Gort and Suarez NOES: Commissioner(s) Sarnoff ABSENT: Commissioner(s) Carollo and Spence -Jones MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones 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 SR.2 ORDINANCE Second Reading 12-00698 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, District 1- ENTITLED "MISCELLANEOUS OFFENSES," BY CREATING NEW Commissioner SECTION 37-9 TO PROHIBIT THE SALE OR DISPLAY OF PRODUCTS Wifredo (Willy) Gort MARKETED OR ADVERTISED AS BATH SALTS IN CONTAINERS LESS THAN SIXTEEN (16) OUNCES; PROHIBITING THE SALE AND DISPLAY OF ANY PRODUCT MARKETED OR ADVERTISED AS BATH SALTS IN CONTAINERS LESS THAN SIXTEEN (16) OUNCES WITHIN TEN (10) FEET OF TOBACCO PRODUCTS OR SMOKING PARAPHANELIA; ESTABLISHING A REBUTTABLE PRESUMPTION OF HUMAN CONSUMPTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 12-00698 Legislation FR/SR.pdf 12-00698-Submittal-Draft Copy of Ordinance.pdf 13324 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 END OF ORDINANCES - SECOND READINGS City of Miami Page 5 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 FR.1 12-00619 Department of Public Works FR.2 ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/DEFINITIONS," TO INCLUDE THE CITY OF MIAMI DEPARTMENT OF SOLID WASTE IN THE COMPOSITION OF THE PLAT AND STREET COMMITTEE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00619 Summary Form SR.pdf 12-00619 Legislation.pdf MOVED: Michelle Spence -Jones 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 ORDINANCE First Reading 12-00620 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI Capital PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING Improvements SECTIONS 18-87 AND 18-89, TO ESTABLISH COMMUNITY BUSINESS Program ENTERPRISE PARTICIPATION REQUIREMENTS AND COMMUNITY SMALL BUSINESS ENTERPRISE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONTRACTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. FR.3 12-00620 Summary Form.pdf 12-00620 Legislation.pdf MOVED: Wifredo (Willy) Gort SECONDED: UNANIMOUS Michelle Spence -Jones 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 ORDINANCE First Reading 12-00621 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Department of AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT Capital ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-89, Improvements ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," TO Program ESTABLISH LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONTRACTS; AND BY REPEALING, IN ITS ENTIRETY, OBSOLETE SECTION 18-110, ENTITLED "FIRST -SOURCE City ofMiami Page 6 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 FR.4 12-00677 Department of Finance HIRING AGREEMENTS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-00621 Summary Form.pdf 12-00621 Legislation.pdf MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Michelle Spence -Jones 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 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II /SECTION 31-50 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/SCHEDULE OF ESTABLISHED BTRS," BY DELETING THE CATEGORY FOR REAL ESTATE SALES PERSON, AS REQUIRED BY SECTION 205.067, FLORIDA STATUTES (2012); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-00677 Summary Form SR.pdf 12-00677 Florida Senate 2012 - SB770 FR/SR.pdf 12-00677 Email - Resale List FR/SR.pdf 12-00677 Legislation.pdf MOVED: Michelle Spence -Jones 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 END OF FIRST READING ORDINANCES RE.1 RESOLUTION 12-00539 RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, FORA ROAD IMPROVEMENT PROJECT ALONG SOUTHWEST 17TH AVENUE FROM US-1 TO FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"); AUTHORIZING THE CITY OF MIAMI'S CONTRIBUTION OF FIFTY PERCENT (50%) OF THE PROJECT COST, UP TO AN AMOUNT NOT TO EXCEED $600,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30760, FOR SAID PURPOSE. City ofMiami Page 7 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 SPONSORS: CHAIRMAN FRANCIS SUAREZ COMMISSIONER FRANK CAROLLO DEPARTMENT OF CAPITAL IMPROVEMENTS 12-00539 Summary Form.pdf 12-00539 Legislation.pdf 12-00539 Exhibit 1.pdf R-12-0238 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.2 RESOLUTION 12-00622 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of LETTER AGREEMENT DETAILING WATER AND SEWER CONNECTION Capital REQUIREMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE Improvements MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, AS A Program CONDITION FOR WATER AND SEWER FACILITIES TO SERVE MOORE PARK; ALLOCATING FUNDS, IN THE AMOUNT OF $15,280.14, FROM CAPITAL IMPROVEMENT PROJECT NO. B-35887, FOR SAID PURPOSE. 12-00622 Summary Form.pdf 12-00622 Legislation.pdf 12-00622 Exhibit 1.pdf RE.3 12-00625 Department of Solid Waste R-12-0231 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones 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), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 13, 2012; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 8 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 12-00625 Summary Form.pdf 12-00625 Legislation.pdf 12-00625 Exhibit 1.pdf R-12-0232 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 12-00540 Department of Capital Improvements Program RE.5 12-00655 Department of NET Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") 2011-2012 MULTI -YEAR CAPITAL PLAN ("PLAN"), ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2011), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 12-00540 Summary Form.pdf 12-00540 Legislation.pdf 12-00540 Exhibit 1.pdf R-12-0233 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2012 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -NORTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $292,660, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A TWELVE-MONTH PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS City ofMiami Page 9 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 RE.6 12-00571 City Commission INDIVIDUALS IN MIAMI-DADE COUNTY; ALLOCATING THE CITY OF MIAMI'S ("CITY") REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $69,681, FROM THE CITY'S 2012 MEMORANDUM OF AGREEMENT GRANT ACCOUNT NO. 14800.910501.513000.0000.000000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 12-00655 Summary Form.pdf 12-00655 Legislation.pdf 12-00655 Exhibit 1.pdf R-12-0239 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 36 OF THE CHARTER OF THE CITY OF MIAMI FOR CONSIDERATION AT AN ELECTION ON NOVEMBER 6, 2012, PROPOSING, UPON THE APPROVAL OF THE ELECTORATE, TO REMOVE CERTAIN POSITIONS FROM THE CLASSIFIED SERVICE. 12-00571 City of Miami Charter Provisions Sec. 36.pdf 12-00571 Miami -Dade County Sec. 2-41.pdf 12-00571 Legislation.pdf MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones RE.7 RESOLUTION 12-00658 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, THE TEMPORARY EVENT LIMITATION PER YEAR, FOR PRIVATE PROPERTY, District 2- PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF Commissioner Marc MIAMI, FLORIDA, AS AMENDED, TO ALLOW THE PROPERTY AT 600 David Sarnoff BRICKELLAVENUE, MIAMI, FLORIDA, TO HAVE VARIOUS TEMPORARY EVENTS BEGINNING JULY 1, 2012 AND ENDING DECEMBER 31, 2012. 12-00658 Legislation.pdf R-12-0240 MOVED: Marc David Sarnoff City of Miami Page 10 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 RE.8 12-00693 District 2- Commissioner Marc David Sarnoff SECONDED: UNANIMOUS Michelle Spence -Jones 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 DIRECTING THE CITY MANAGER TO DISCONTINUE THE PAYPHONE PILOT PROGRAM ESTABLISHED PURSUANT TO RESOLUTION NO. 01-449, ADOPTED MAY 10, 2001; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO REMOVE SAID PAYPHONES FROM ANY AND ALL RIGHTS OF WAY WITHIN THE CITY OF MIAMI, REGARDLESS OF OWNERSHIP. 12-00693 Pre-Resolution.pdf 12-00693 Legislation.pdf MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort 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 RE.8 was deferred to the September 13, 2012 Commission Meeting. RE.9 RESOLUTION 12-00701 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT BARACK OBAMAAND THE UNITED STATES CONGRESS TO ABOLISH District2- VISA REQUIREMENTS FOR BRAZILIAN TOURISTS SEEKING TO TRAVEL Commissioner Marc TO THE UNITED STATES FOR TOURISM, BUSINESS, OR RECREATIONAL David Sarnoff PURPOSES; DIRECTING CITY CLERK TO TRANSMITA CERTIFIED COPY OF THIS RESOLUTION TO PRESIDENT BARACK OBAMA, SPEAKER OF THE HOUSE JOHN BOEHNER, SENATE MAJORITY LEADER HARRY REID, SENATORS BILL NELSON AND MARCO RUBIO AND THE MIAMI-DADE COUNTY UNITED STATES CONGRESSIONAL LEGISLATIVE DELEGATION. 12-00701 Legislation.pdf R-12-0241 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff 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.10 RESOLUTION City of Miami Page 11 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 12-00201 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP, LTD., INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD., TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI, ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI, RELEASING OLYMPIA BUILDING PARTNERSHIP, LTD., OF ALL COVENANTS, CONDITIONS, AND OBLIGATIONS ARISING UNDER THE LEASE, SATISFYING LEASEHOLD MORTGAGES, AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP, LTD., IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-28667-CA-27. 12-00201 Memo - Office of the City Attorney. pdf 12-00201 Legislation.pdf 12-00201 Exhibit 1.pdf MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones RE.11 RESOLUTION 12-00363 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FORA FIFTEEN (15) YEAR INITIAL TERM, WITH UP TO THREE (3) FIFTEEN (15) YEAR TERM OPTIONS TO RENEW, WITH OLYMPIA CENTER, INC., A FLORIDA 501(c)(3) NOT -FOR -PROFIT ORGANIZATION FOR THE ADMINISTRATION, OPERATION AND MANAGEMENT OF THE RESIDENTIAL AND COMMERCIAL RETAIL PORTION OF THE HISTORIC GUSMAN CENTER FOR THE PERFORMING ARTS PROPERTY LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA 33131; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE CITY OF MIAMI'S OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY OF MIAMI'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM, SUBJECT TO AN APPROVING OPINION OF BOND COUNSEL. City of Miami Page 12 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 12-00363 Summary Form.pdf 12-00363 Legislation (Version 2).pdf 12-00363 Exhibit 1.pdf MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones RE.12 RESOLUTION 12-00703 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF CHARLES W. THROCKMORTON, ESQ., OF THE LAW FIRM OF KOZYAK TROPIN & THROCKMORTON, P.A., FOR THE REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF IN RE WAGNER SQUARE L.L.C., PENDING IN THE UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 12-20659-LMI AND IN RE WAGNER SQUARE I, LLC., PENDING IN THE UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 12-24697-AJC; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT CODE NUMBER 00001.980000.531010.0000.00000. 12-00703 Memo - Office of the City Attorney. pdf 12-00703 Legislation.pdf R-12-0242 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort 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.12) DISCUSSION ITEM 12-00703a AN ATTORNEY CLIENT SESSION WAS REQUESTED AND SCHEDULED FOR JULY 12, 2012, AT 2:00 PM, AT MIAMI CITY HALL, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION CASES OF: IN RE WAGNER SQUARE, LLC, CASE NO.: 12-20659-LMI; AND IN RE WAGNER SQUARE I, LLC., CASE NO.: 12-24697-LMI, BOTH PENDING IN THE UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA, IN WHICH THE CITY HAS APPEARED TO PROTECT ITS INTERESTS. DISCUSSED END OF RESOLUTIONS City of Miami Page 13 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 BUDGET BI.1 BUDGET DISCUSSION ITEM 12-00626 Department of Management and Budget 10:00 A.M. DI.1 12-00077 STATUS (SEC.18-542(b) CITY CODE) I. 2011-2012 BUDGET II. PROPOSED 2012-2013 BUDGET 12-00626 Summary Form.pdf DISCUSSED END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM 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 DISCUSSED (DI.1) RESOLUTION 12-00077a Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO SECTION 7 OF THE CITY CHARTER CHANGING THE DATES OF THE CITY OF MIAMI MUNICIPAL ELECTIONS FOR THE ELECTION OF THE MAYOR AND COMMISSIONERS FROM ODD YEARS TO EVEN YEARS TO BE ON THE SAME DATE AS THE MIAMI-DADE COUNTY ELECTION IN AUGUST OF EACH EVEN YEAR WITH THE RUNOFF ELECTION TO BE IN NOVEMBER OF EACH EVEN YEAR. R-12-0236 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 DI.2 DISCUSSION ITEM 12-00657 DISCUSSION CONCERNING THE CITY'S ADOPTION OFATICKET City of Miami Page 14 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 POLICY UNDER WHICH PUBLIC, COMMUNITY BENEFITS, OR COMPLIMENTARY TICKETS OBTAINED THROUGH CONTRACTUAL NEGOTIATION OR OTHER EXERCISE OF PUBLIC AUTHORITY MAY BE DISTRIBUTED FOR ANY PERMISSIBLE PUBLIC PURPOSE, CONSISTENT WITH THE GUIDELINES PROVIDED BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST. SPONSORS: OFFICE OF THE CITY MANAGER OFFICE OF THE CITY ATTORNEY 12-00657 Summary Form.pdf 12-00657 Memo - Citywide Ticket Policy 06/28/12.pdf 12-00657 Backup Information 06/28/12.pdf MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort 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 DI.2 was deferred to the July 12, 2012 Commission Meeting. DI.3 DISCUSSION ITEM 12-00562 Department of Human Resources UPDATE ON A PLAN FOR FILLING THE UPCOMING VACANCY FOR THE CITY CLERK POSITION. 12-00562 Summary Form 06/28/12.pdf 12-00562 Proposed Timeline 06/28/12.pdf 12-00562 Recruitment & Section Plan.pdf 12-00562 Notice of Application - City Clerk Position.pdf DISCUSSED A motion was made by Commissioner Gort, seconded by Commissioner Carollo, and was passed unanimously, to accept the timeline proposed by the Department of Human Resources to fill the City Clerk position, authorize the creation of a selection committee that includes the current City Clerk, Priscilla A. Thompson as a member, and for Chair Suarez to negotiate the salary of the prospective City Clerk. DI.4 DISCUSSION ITEM 12-00704 DISCUSSION CONCERNING THE CITY'S REDISTRICTING PROCESS. SPONSORS: OFFICE OF THE CITY MANAGER OFFICE OF THE CITY ATTORNEY 12-00704 Summary Form.pdf 12-00704 Redistricting The City of Miami Commission.pdf City of Miami Page 15 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 DISCUSSED END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 RESOLUTION 12-00084ac PZ.2 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A TEN (10) FOOT WIDE ALLEY LOCATED APPROXIMATELY EIGHTY (80) FEET NORTH OF NORTHEAST 36TH STREET, BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA. LOCATION: Approximately 80 Feet North of NE 36th Street, between N Miami Avenue and NE Miami Court [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on April 5, 2012 by a vote of 5-1. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on June 6, 2012 by a vote of 9-0. See companion File ID 12-00084zc. PURPOSE: This will close and vacate a 10-foot wide alley. 12-00084ac CC 06-28-12 Fact Sheet.pdf 12-00084ac DepartmtAnalyses, Maps, Plat & St Cmmttee Rec., & PZAB Reso.pdf 12-00084acApplication & Supporting Documentation.pdf 12-00084ac CC Legislation (Version 2) & Exhibit.pdf R-12-0234 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 First Reading 12-00084zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 16 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 PZ.3 12-00086zc ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-12-0" URBAN CORE TRANSECT ZONE TO "T6-24-0" URBAN CORE TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601, 3651, 3681 AND 3701 NORTH MIAMI AVENUE; 3610, 3620 AND 3630 NORTHEAST MIAMI COURT; AND 17 AND 25 NORTHEAST 36TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3601, 3651, 3681 and 3701 North Miami Avenue; 3610, 3620 and 3630 NE Miami Court; and 17 and 25 NE 36th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on June 6, 2012 by a vote of 9-0. See companion File ID 12-00084ac. PURPOSE: This will change the above properties to "T6-24-0" Urban Core Transect Zone. 12-00084zc CC 06-28-12 Fact Sheet.pdf 12-00084zcAnalysis & Color Maps.pdf 12-00084zc PZAB Reso.pdf 12-00084zcApplication & Supporting Documentation.pdf 12-00084zc CC Legislation (Version 3) & Exhibit.pdf MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Gort and Spence -Jones Note for the Record: Item PZ.2 was deferred to the September 27, 2012 Commission Meeting. 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 "T4-R" GENERAL URBAN ZONE TO "T4-O" GENERAL URBAN ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 832 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 17 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 PZ.4 12-00087zc LOCATION: Approximately 832 SW 12th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Elias & Son Investments, Inc., Gustel Enterprises, Inc., Cristhel Enterprises, LLC, J&J Holdings, Inc., and Joaquin and Carmen Alvarez, Owners (Edgewood Investment Partners, LLC, Contract Purchaser) FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval as modified by the City Commission on First Reading. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on April 18, 2012 by a vote of 8-0. Recommends approval as a second motion to City Commission on April 18, 2012 by a vote of 8-0 for the property at 832 Southwest 12th Avenue to "T4-O" General Urban Zone. PURPOSE: This will change the above property to "T4-O" General Urban Zone. 12-00086zc CC 06-28-12 Fact Sheet.pdf 12-00086zcAnalysis & Updated Color Maps.pdf 12-00086zc PZAB Resos.pdf 12-00086zcApplication & Supporting Documentation.pdf 12-00086zc CC Legislation (Version 4) & Exhibit.pdf 13325 MOVED: Frank Carollo SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort 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 "T5-O" URBAN CENTER ZONE AND "T6-8-O" URBAN CENTER ZONE TO "T6-8-O" URBAN CORE ZONE AND "T6-12-0" URBAN CORE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 566, 570 AND 650 NORTHWEST 8TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 18 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 PZ.5 11-00806zt LOCATION: Approximately 566, 570 and 650 NW 8th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Windsor Investment Holdings, LLC, Owner and Miami River Village, LLC, Contract Purchaser FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on March 21, 2012 by a vote of 8-1. PURPOSE: This will change the above properties to "T6-8-O" Urban Core Transect Zone and "T6-12-0" Urban Core Transect Zone. 12-00087zc CC 06-28-12 Fact Sheet.pdf 12-00087zcAnalysis, Color Maps & PZAB Reso.pdf 12-00087zcApplication & Supp. Docs. - New Covenant.pdf 12-00087zc CC Legislation (Version 2) & ExhibitA.pdf MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Gort 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; 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 regulations and requirements for recreational watercrafts. 11-00806zt CC 06-28-12 Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 2).pdf City of Miami Page 19 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 PZ.6 12-00563zt PZ.7 11-01196Iu MOVED: SECONDED: Frank Carollo Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Gort and Spence -Jones ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 5 ENTITLED, "SPECIFIC TO ZONES", TO MODIFY SECTION 5.6.4 ENTITLED "PARKING STANDARDS", TO ALLOW ADDITIONAL FLEXIBILITY FOR PARKING GARAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on June 6, 2012 by a vote of 9-0. PURPOSE: This will modify regulations for parking standards in the primary frontage to allow additional flexibility for parking to extend into the second layer. 12-00563zt CC 06-28-12 Fact Sheet.pdf 12-00563zt PZAB Reso & CC Legislation (Version 3).pdf 13326 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 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 FUTURE LAND USE DESIGNATION OF THE NORTHWEST PORTION OF REAL PROPERTY LOCATED AT City ofMiami Page 20 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 PZ.8 11-01196ap APPROXIMATELY 150 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND THE WEST PORTION OF REAL PROPERTY LOCATED AT 4218 NORTHEAST 2ND AVENUE, 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 Northwest Portion of 150 NE 42nd Street and West Portion of 4218 NE 2nd Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Flagler Holding Group, Inc and FCAA, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on June 6, 2012 by a vote of 9-0. See companion File IDs 11-01196ap and 11-01196da. PURPOSE: This will change the above properties to "Medium Density Restricted Commercial". 11-011961u CC 06-28-12 Fact Sheet.pdf 11-01196lu Analysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 11-011961u CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones 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 A motion was made by Vice Chair Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to waive in this particular instance for Ms. Eliz Plater-Zyberk, Article VI, Sec. 2-654 (a), Miami City Code, upon Ms. Plater-Zyberk's oath that she will take the ethics course required for lobbyists in the near future. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, REZONING CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 19.08 ACRES FOR THE "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("SAP")", COMPRISED OF SELECTED PARCELS, BOUND APPROXIMATELY BY NORTHEAST 43RD STREET AND NORTHEAST 42ND STREET TO THE NORTH, NORTH FEDERAL HIGHWAY AND BISCAYNE BOULEVARD TO THE EAST, NORTHEAST 38TH STREET TO THE SOUTH, AND BY NORTHEAST MIAMI COURTAND NORTH MIAMI City ofMiami Page 2] Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 AVENUE TO THE WEST, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", CONSISTING OF APPROXIMATELY 1,109,488 SQUARE FEET OF FLOOR AREA SPLIT AMONG 51 PARCELS: A) APPROXIMATELY 951,718 SQUARE FEET OF EXISTING AND PROPOSED COMMERCIAL SPACE; B) APPROXIMATELY 96 RESIDENTIAL UNITS; C) APPROXIMATELY 53 HOTEL UNITS; D) APPROXIMATELY 2,571 ABOVE GROUND AND BELOW GRADE PARKING SPACES; E) APPROXIMATELY 41,735 SQUARE FEET OF CIVIC SPACE; AND F) APPROXIMATELY 35,191 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Selected Parcels, Bound Approximately by NE 43rd Street and NE 42nd Street to the North, North Federal Highway and Biscayne Blvd to the East, NE 38th Street to the South, and NE Miami Court and North Miami Avenue to the West [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities Described in Exhibit "B" and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions* to City Commission on June 6, 2012 by a vote of 9-0. See companion File Ds 11-011961u and 11-01196da. *See supporting documentation. PURPOSE: This will allow the rezoning of certain parcels for the development of Approximately 19.08 acres for the "Miami Design District Retail Street SAP". 11-01196ap CC 06-28-12 Fact Sheet.pdf 11-01196apAnalysis, Maps & PZAB Reso.pdf 11-01196ap CC Legislation (Version 2) & Exhibits.pdf 11-01196ap Binder Cover.pdf 11-01196ap Binder Table of Contents.pdf 11-01196ap CC Binder Section A. Project Information.pdf 11-01196ap Binder Section B. Overall Project Description.pdf 11-01196ap Binder Section C. Thoroughfares and Circulation.pdf 11-01196ap Binder Section D. Examples and Illustrations.pdf 11-01196ap Binder Section E. Landscapes and Views.pdf 11-01196ap CC Binder Section F. Regulating Plan.pdf 11-01196ap Binder Section G1. Supporting Documents.pdf 11-01196ap Binder Section G2. Supporting Documents.pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 22 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 PZ.9 11-01196da AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)" APPLICANT ENTITIES AS DESCRIBED IN EXHIBIT "A" AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 19.08 ACRES FOR THE "MIAMI DESIGN DISTRICT RETAIL STREET SAP", COMPRISED OF SELECTED PARCELS, BOUND APPROXIMATELY BY NORTHEAST 43RD STREET AND NORTHEAST 42ND STREET TO THE NORTH, NORTH FEDERAL HIGHWAY AND BISCAYNE BOULEVARD TO THE EAST, NORTHEAST 38TH STREET TO THE SOUTH, AND NORTHEAST MIAMI COURT AND NORTH MIAMI AVENUE TO THE WEST, AS DESCRIBED IN EXHIBIT "A", FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE AND ANY OTHER USES AUTHORIZED BY THE "MIAMI DESIGN DISTRICT RETAIL STREET SAP", AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING ORDINANCE DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Selected Parcels, Bound Approximately by NE 43rd Street and NE 42nd Street to the North, North Federal Highway and Biscayne Blvd to the East, NE 38th Street to the South, and NE Miami Court and North Miami Avenue to the West [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities Described in Exhibit "A" FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File Ds 11-011961u and 11-01196ap. PURPOSE: This will allow the development of approximately 19.08 acres for the "Miami Design District Retail Street SAP". 11-01196da CC 06-28-12 Fact Sheet.pdf 11-01196da Legis., DevelopmtAgmt & Exhibits.pdf MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Wifredo (Willy) Gort City ofMiami Page 23 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.10 ORDINANCE First Reading 11-007001u PZ.11 11-00700zc 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 06-28-12 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 CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Gort 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; City ofMiami Page 24 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 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: 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 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. 11-00700zc CC 06-28-12 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 CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Gort and Spence -Jones PZ.12 ORDINANCE First Reading 11-00823Iu 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 FUTURE LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 457, 465, 473 AND 485 NORTHEAST 77TH STREET ROAD, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 25 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 LOCATION: Approximately 457, 465, 473 and 485 NE 77th Street Road [Commissioner Marc David Sarnoff - District 2] 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 May 16, 2012 by a vote of 9-0. See companion File ID 11-00823zc. PURPOSE: This will change the above properties to "Public Parks and Recreation". 11-008231u CC 06-28-12 Fact Sheet.pdf 11-008231u Analysis, Maps & PZAB Reso.pdf 11-008231u CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.13 ORDINANCE First Reading 11-00823zc 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 OF THE PROPERTIES LOCATED AT APPROXIMATELY 457, 465, 473 AND 485 NORTHEAST 77TH STREET ROAD, MIAMI, FLORIDA, FROM "T4-R" GENERAL URBAN TRANSECT ZONE -RESTRICTED TO "CS" CIVIC SPACE ZONE; MAKING FINDINGS CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 457, 465, 473 and 485 NE 77th Street Road [Commissioner Marc David Sarnoff - District 2] 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 May 16, 2012 by a vote of 9-0. See companion File ID 11-008231u. PURPOSE: This will change the above properties to "CS" Civic Space Zone. City ofMiami Page 26 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 11-00823zc CC 06-28-12 Fact Sheet.pdf 11-00823zcAnalysis, Maps & PZAB Reso.pdf 11-00823zc CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort 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 PZ.14 RESOLUTION 12-00252za A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY GILBERTO PASTORIZA, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING. LOCATION: Citywide APPELLANT(S)/REQUESTOR(S): Gilberto Pastoriza, Esquire, on behalf of Barlington Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and uphold the Zoning Administrator's Interpretation. PLANNING, ZONING AND APPEALS BOARD: Denied the Zoning Administrator Interpretation appeal on April 4, 2012 by a vote of 5-3. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation regarding accessory parking. 12-00252za CC 06-28-12 Fact Sheet.pdf 12-00252za PZAB & ZoningAdm. Appeal Docs.pdf 12-00252za CC Executed Legis. (Vers. 3 & 4) & Interpretation.pdf MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Gort and Spence -Jones Note for the Record: Item PZ.14 was deferred to the September 27, 2012 Commission Meeting. PZ.15 RESOLUTION 12-00486ha A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY BRUCE A. WEILAND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH CONDITIONS A CERTIFICATE OF APPROPRIATENESS City ofMiami Page 27 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 FOR MAJOR RENOVATIONS, ADDITIONS AND SITE WORK TO A CONTRIBUTING HOME AT 5901 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE MORNINGSIDE HISTORIC DISTRICT. 12-00486ha CC 06-28-12 Fact Sheet.pdf 12-00486ha Color Maps.pdf 12-00486ha HEPB Appeal Letter, Reso, Fact Sheet, Application & Plans.pdf 12-00486ha CC Legislation (Versions 2 & 3).pdf R-12-0235 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 PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 12-00674 D2.1 12-00641 UPDATE ON THE EFFICIENCY INITIATIVE FROM THE DISTRICT 1 OFFICE. 12-00674 Email - Efficiency Initiative Memo.pdf DISCUSSED END OF DISTRICT 1 DISTRICT 2 VICE-CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI TROLLEYS. City ofMiami Page 28 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 D2.2 12-00675 12-00641 Email - City of Miami Trolleys.pdf DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING DOWNTOWN DEVELOPMENT AUTHORITY'S HOMELESS TASK FORCE REPORT. 12-00675 Email - DDA Homeless Taskforce Report.pdf MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones D2.3 DISCUSSION ITEM 12-00676 STATUS OF HIRING POLICE OFFICERS. 12-00676 Email - Status - Hiring Police Officers.pdf DISCUSSED END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 CHAIRMAN FRANCIS SUAREZ D4.1 DISCUSSION ITEM 12-00660 DISCUSSION REGARDING POSSIBLE AMENDMENTS TO ARTICLE IV OF THE CITY CODE, ENTITLED "REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," TO REQUIRE REGISTRATION OF PROPERTIES IN IMMINENT DANGER OF FORECLOSURE. City ofMiami Page 29 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 NON AGENDA ITEMS NA.1 12-00767 12-00660 Possible Amends.- Abandoned Structures. pdf DISCUSSED END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 DISCUSSION ITEM CHAIR SUAREZ ANNOUNCED A PRESS CONFERENCE CONCERNING OPERATION CLEAN SWEEP TO OCCUR ON JUNE 28, 2012 AT 12 NOON IN MIAMI CITY HALL. DISCUSSED NA.2 DISCUSSION ITEM 12-00770 NA.3 12-00747 District 5- Commissioner Michelle Spence -Jones BRIEF DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE STATUS OF THE FINANCIAL ANALYSIS REQUESTED REGARDING THE GROVE PROPERTIES. DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $18,000, FOR FEES AND COSTS ASSOCIATED WITH THE 2012 FOURTH OF JULY CELEBRATION ON JULY 4, 2012 AT CHARLES HADLEY PARK; ALLOCATING SAID FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT FESTIVALS RESERVE CODE NO. 00001.980000.548000.0000.00000. R-12-0243 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 NA.4 DISCUSSION ITEM 12-00772 BRIEF DISCUSSION BY COMMISSIONER GORT REGARDING THE CREATION OF A LABOR MANAGEMENT COMMITTEE. City of Miami Page 30 Printed on 7/5/2012 City Commission Marked Agenda June 28, 2012 ADJOURNMENT DISCUSSED Direction by Commissioner Gort to the City Attorney to bring back a resolution creating a labor management committee to be used for collaboration between the Administration and the City's Unions on various issues. The meeting adjourned at 5:53 p.m. City ofMiami Page 31 Printed on 7/5/2012