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HomeMy WebLinkAboutCC 2013-02-28 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Julie O. Bru, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, February 28, 2013 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 PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCE 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 ofMiami Page 1 Printed on 3/7/2013 City Commission Marked Agenda February 28,2013 D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of A4iami Page 2 Printed on 3/7/2013 City Commission Marked Agenda February 28,2013 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Gort, Chair Sarnoff, Commissioner Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 28th day of February 2013, 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 Regular Commission Meeting was called to order by Chair Sarnoff at 9:08 a.m., recessed at 11:55 a.m., reconvened at 2:21 p.m., recessed at 2:52 p.m., reconvened at 3:03 p.m., recessed at 5:13 p.m., reconvened at 5:44 p.m., and adjourned at 7:15 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9:10 a.m., and Commissioner Carollo entered the Commission chambers at 9:15 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Todd B. Hannon, City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 13-00232 Honoree Presenter Protocol Item Miami Police Officers - Mayor Regalado Certificates/Appreciation Participants/Presidential & Chief Orosa Inauguration Celebrating Historical Mayor Regalado Commendations Black Organizations NAACP - National Assoc. for the Advancement of Colored People CORE- Congress of Racial Equality SNCC - Student Nonviolent Coordinating Committee SCLC - Southern Christian Leadership Conference The Urban League The Miami Times NCNW - National Council of Negro Women Operation PUSH - People United to Save Humanity The Baptist Ministers Council Joel Maxwell 13-00232 Protocol Item.pdf PRESENTED Commissioner Spence -Jones Salute 1) Mayor Regalado presented Certificates of Appreciation to various members of the City of Miami Page 3 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 Miami Police Department for their commendable professionalism, commitment, and overall decorum within the Presidential Security Detail in Washington, D.C., January, 2013, during Protocol Rituals for the 57th Inaugural Ceremonies of the 44th President of the United States of America, Barack Hussein Obama. 2) Mayor Regalado celebrated Black History Month by paying tribute to the important roles played by African American Organizations, such as, NAACP, CORE, SNCC, SCLC, The Urban League, The Miami Times, NCNW, Operation PUSH, and the Baptist Ministers Council, whose mass mobilization efforts proclaimed an end to legal segregation in the United States; further honoring the men and women who formed these groups who marched, toiled and bled, shoulder -to -shoulder, who sat in, stood up, and spoke out for equal treatment under the law, thus helping to raise the pillars of democracy in cities all over America. 3) Commissioner Spence -Jones paid tribute to Joel Maxwell, who served the citizens of Miami for twenty-five years, by honoring his personal dedication and overall excellence as legal counsel for the City of Miami; further recognizing his serving as a catalyst for outstanding integrity and dependability as he worked always to achieve an elevated quality of life in our City. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of January 24, 2013 MAYORAL VETOES MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Francis Suarez 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 of Miami Page 4 Printed on 3/7/2013 City Commission Marked Agenda February 28, 2013 PH.1 RESOLUTION 12-00390 Department of Public Facilities PUBLIC HEARINGS ITEM TO BE WITHDRAWN BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGERS RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS BEING NEITHER PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE FIRE DETECTION AND ALARM SYSTEM FOR THE HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER ("KNIGHT CENTER") LOCATED AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE AUTHORIZATION FOR HYATT TO PREPARE AND FINALIZE A SPECIFICATIONS CRITERIA PACKAGE ("PHASE I") AND FURNISHING, INSTALLATION, AND TESTING ("PHASE II") FOR THE REPLACEMENT OF THE FIRE DETECTION AND ALARM SYSTEM AND ASSOCIATED EQUIPMENT THAT SUPPORTS THE HYATT HOTEL AND THE KNIGHT CENTER, WITH ATOTAL PROJECT COST ESTIMATE OF $778,306 TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM, WITH THE CITY'S SHARE NOT TO EXCEED $238,745; FURTHER AUTHORIZING THE CITY MANAGER TO UNDERTAKE ALL REQUIREMENTS IN ORDER FOR THE CITY TO COMPLY WITH THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED, SUBJECT TO APPROVING OPINION OF BOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEY; ALLOCATING FUNDS FOR THE CITY'S CONTRIBUTION FROM CIP PROJECT B-70414; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT. 12-00390 Summary Form.pdf 12-00390 Notice to the Public.pdf 12-00390 Memo - Waiver of Competitive Bidding.pdf 12-00390 Legislation.pdf 12-00390 Exhibit 1.pdf MOVED: Francis Suarez 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 PH.2 RESOLUTION 13-00171 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 5 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 Department of ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Capital AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING Improvements AND CONFIRMING THE CITY MANAGER'S FINDING, PURSUANT TO Program SECTION 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR THE PROCUREMENT OF SERVICES, FOR THE CONSTRUCTION OF THE NEW DINNER KEY MARINA DOCKMASTER BUILDING, B-60464; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL CONSTRUCTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELLSOUTH TELECOMMUNICATIONS, LLC D/B/A AT&T SOUTHEAST, IN THE NOT TO EXCEED AMOUNT OF $77,919.10; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-60464, FOR SAID PURPOSE. 13-00171 Summary Form.pdf 13-00171 Memo - AT&T Special Construction Agrmt.pdf 13-00171 Notice to the Public.pdf 13-00171 Pre -Grant of Easement.pdf 13-00171 Legislation.pdf 13-00171 Exhibit 1.pdf SR.1 13-00083 R-13-0059 MOVED: Wifredo (Willy) Gort SECONDED: Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones END OF PUBLIC HEARINGS ORDINANCE - SECOND READING ORDINANCE Second Reading (4/5THS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 56/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TAXATION/HOMESTEAD EXEMPTIONS FOR SENIOR CITIZENS," MORE PARTICULARLY BY AMENDING SECTIONS 56-86 AND 56-87 TO INCLUDE LANGUAGE PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN LOW-INCOME QUALIFYING SENIOR CITIZENS WHO ARE LONG-TERM RESIDENTS OF THE CITY OF MIAMI ("CITY") TO BE APPLIED TO MILLAGE RATES LEVIED BY THE CITY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 6 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 SPONSOR: HONORABLE MAYOR TOMAS REGALADO CO-SPONSORS: COMMISSIONER FRANCIS SUAREZ COMMISSIONER FRANK CAROLLO 13-00083 Letter - Office of the Property Appraiser FR/SR.pdf 13-00083 Legislation (Version 3) SR.pdf 13-00083-Legislation-SUB.pdf 13361 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF ORDINANCE - SECOND READING ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 13-00056 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, Department of Police FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," MORE PARTICULARLY BY AMENDING SECTION 42-110 BY ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE RECOVERING, TOWING, REMOVING AND STORING OF MOTOR VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT THE PERMISSION OF THE OWNER, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION; AND BY AMENDING SECTION 42-119 OF SAID CITY CODE BY ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE RECOVERING, TOWING, REMOVING AND STORING OF MOTOR VEHICLES FOR THE POLICE DEPARTMENT AND MIAMI PARKING AUTHORITY DISPATCHED TOWING AND WRECKER SERVICES, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00056 Summary Form.pdf 13-00056 Maximum Non -Consent Towing Rates.pdf 13-00056 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 Spence -Jones ABSENT: Commissioner(s) Suarez City of Miami Page 7 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 RE.1 13-00115 Department of Police END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COST REIMBURSEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FEDERAL BUREAU OF INVESTIGATION FOR THE CITY OF MIAMI POLICE DEPARTMENTS CONTINUED PARTICIPATION ON THE SOUTH FLORIDA VIOLENT/CRIME FUGITIVE TASK FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. 13-00115 Summary Form.pdf 13-00115 MOU - FBI & MPD.pdf 13-00115 Bank Robbery Response Plan.pdf 13-00115 Cost Reimbursement Agrmt. - FBI & MPD .pdf 13-00115 Legislation.pdf 13-00115 Exhibit 1.pdf R-13-0060 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez RE.2 RESOLUTION 13-00116 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF GRANTING ACCESS TO CERTAIN CITY -OWNED PROPERTY LOCATED AT 3600 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA (KNOWN AS MOORE PARK), TO PERFORM THE WORK SPECIFIED HEREIN, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 13-00116 Summary Form.pdf 13-00116 Legislation.pdf 13-00116 Exhibit 1.pdf R-13-0061 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort City of Miami Page 8 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez RE.3 RESOLUTION 13-00118 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE, WAIVER OF LIABILITY AND COVENANT NOT TO SUE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA POWER AND LIGHT COMPANY TO INSTALL AND MAINTAIN LIGHT -EMITTING DIODE ROADWAY LIGHTING ON ROADWAYS UNDER THE JURISDICTION OF THE CITY OF MIAMI, FLORIDA. 13-00118 Summary Form.pdf 13-00118 Pre -Original Agrmt.pdf 13-00118 Legislation.pdf 13-00118 Exhibit 1.pdf R-13-0062 MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez RE.4 RESOLUTION 12-01075 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE NATIONAL JOURNALISTS' ASSOCIATION OF CUBA IN EXILE, INC., A FLORIDA NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 520.5 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET, OFFICES 400-401, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE UNIFICATION OF CUBAN JOURNALISTS LIVING IN EXILE, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF TWO HUNDRED SIXTY-EIGHT DOLLARS AND 06/100 ($268.06), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 12-01075 Summary Form.pdf 12-01075 Short Form - Exempt 2011 Tax Returns.pdf 12-01075 Legislation.pdf 12-01075 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: Frank Carollo City of Miami Page 9 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 RE.5 12-01307 Department of Planning and Zoning 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.4 was deferred to the March 14, 2013 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPOINTING TWO (2) ADDITIONAL PRE -QUALIFIED SPECIAL MASTERS, AS LISTED IN "EXHIBIT A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 320284, AUTHORIZED BY RESOLUTION NO. 12-0294, ADOPTED SEPTEMBER 13, 2012, TO PROVIDE SPECIAL MASTER SERVICES ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 12-01307 Summary Form.pdf 12-01307 Award Recommendation Form.pdf 12-01307 Martiza Alvarez, PA- Resume.pdf 12-01307 Victor H. De Yurre, ESQ Resume.pdf 12-01307 Pre-Legislation.pdf 12-01307 Cost Analysis - 01/24/13.pdf 12-01307 Legislation.pdf 12-01307 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS 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 RE.5 was deferred to the March 14, 2013 Commission Meeting. RE.6 RESOLUTION 13-00061 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A REIMBURSEMENT GRANT AWARD, IN Department of Parks AN AMOUNT NOT TO EXCEED $29,490 FROM THE STATE OF FLORIDA and Recreation DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP") ADMINISTERING FEDERAL FUNDS FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ("NOAA") COOPERATIVE AWARD COASTAL ZONE MANAGEMENT PROGRAM (DEP AGREEMENT NO. CM311) ("GRANT AGREEMENT"), WITH A LOCAL MATCH PROVIDED BY THE CITY OF MIAMI ("CITY") IN THE AMOUNT OF NOT TO EXCEED $29,490 TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "RESTORING COASTAL MIAMI 2012-2013," TO FUND THE DEPARTMENTS RESTORING COASTAL MIAMI PROJECT ("PROJECT"); City of Miami Page 10 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 ALLOCATING AND APPROPRIATING FUNDS FOR ITS OPERATION AND A LOCAL IN -KIND MATCH FROM THE CITY VALUED AT NOT TO EXCEED $29,490; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AGREEMENT FOR THE PROJECT. 13-00061 Summary Form.pdf 13-00061 Email - Work Plan Budget.pdf 13-00061 Legislation.pdf 13-00061 Exhibit 1.pdf R-13-0063 MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez RE.7 RESOLUTION 13-00007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Department of THOSE LISTED IN RESOLUTION NO. 13-0017, ADOPTED JANUARY 10, Capital 2013 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED Improvements PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED Program PROJECTS. 13-00007 Summary Form.pdf 13-00007 Legislation.pdf 13-00007 Exhibit 1.pdf R-13-0064 MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez RE.8 RESOLUTION 12-01388 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND ADDENDUM AND AMENDMENT TO LEASE AGREEMENT ("SECOND AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE PURPOSE OF City of Miami Page 11 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 ALLOWING THE CITY TO USE A PORTION OF THE 36,724 SQUARE FEET (+/-) FDOT-OWNED PROPERTY LOCATED UNDER INTERSTATE-95 BETWEEN SOUTHWEST 6TH AND SOUTHWEST 7TH STREETS AND SOUTHWEST 3RD AND SOUTHWEST 4TH AVENUES, MIAMI, FLORIDA, FOR PRIVATE PARKING, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID SECOND AMENDMENT. 12-01388 Summary Form.pdf 12-01388 Memorandum of Agreement.pdf 12-01388 Legislation.pdf 12-01388 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.9 RESOLUTION 13-00210 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS AUTHORIZED IN LAW OR IN EQUITY, NECESSARY OR PERMITTED TO COLLECT ALL UNPAID MONIES DUE TO THE CITY OF MIAMI FROM GROVE KEY MARINA, INC. OR ITS SUCCESSOR -IN -INTEREST. 13-00210 Memo - Office of the City Attorney.pdf 13-00210 Legislation.pdf MOVED: Wifredo (Willy) Gort SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED FAILED by the following vote. AYES: Commissioner(s) Gort and Sarnoff NOES: Commissioner(s) Carollo, Suarez and Spence -Jones MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo NOES: Commissioner(s) Suarez and Spence -Jones MOVED: Frank Carollo SECONDED: Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones NOES: Commissioner(s) Gort City of Miami Page 12 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 Direction by Commissioner Suarez to the City Attorney for a full analysis of the defenses to this action and potential exposure to the City should the City lose the case and be responsible to pay attorneys' fees. RE.10 RESOLUTION 13-00224 District 4- Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING PRESIDENT BARACK OBAMAAND THE 113TH CONGRESS OF THE UNITED STATES TO ENACT COMPREHENSIVE IMMIGRATION REFORM IN ACCORDANCE WITH THE FIVE PRINCIPLES EMBRACED BY THE PARTNERSHIP FORA NEW AMERICAN ECONOMY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 13-00224 Legislation.pdf 13-00224 Exhibit 1.pdf R-13-0070 MOVED: Francis Suarez 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 RE.11 RESOLUTION 13-00208 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARIE SEVERE WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $145,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED MARIE SEVERE VS. CITY OF MIAMI, PENDING IN MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 10-49932-CA-10, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 13-00208 Memo - Office of the City Attorney.pdf 13-00208 Memo - Financial Signoff.pdf 13-00208 Legislation.pdf R-13-0065 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez City of Miami Page 13 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 RE.12 RESOLUTION 13-00122 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF SERVICES FROM THE GORDIAN GROUP, INC., FOR Department of THE CONTINUATION OF THE JOB ORDER CONTRACTING SYSTEM, Capital UTILIZING EXISTING CITY AND COUNTY OF SAN FRANCISCO AIRPORT Improvements COMMISSION CONTRACT SOLICITED PURSUANT TO REQUEST FOR Program PROPOSALS NO. 9082, TO BE USED CITYWIDE ON AN AS -NEEDED BASIS, UNTIL AUGUST 26, 2014, WITH AN ADDITIONAL THREE (3) YEAR RENEWAL OPTION, IF APPROVED BY THE CITY AND COUNTY OF SAN FRANCISCO AIRPORT COMMISSION, IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,000,000; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECTS. 13-00122 Summary Form.pdf 13-00122 Award Recommendation Form.pdf 13-00122 Piggybacking San Francisco Airport Contract.pdf 13-00122 Request for Proposals #9082.pdf 13-00122 Legislation.pdf R-13-0066 MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez RE.13 RESOLUTION 13-00220 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE PROHIBITIONS IN SECTION 2-11.1 OF THE CODE OF MIAMI-DADE District l - COUNTY AND APPROVING ACCEPTANCE OF THE PAYMENT OF TRAVEL Commissioner EXPENSES BY CAMARA DE COMERCIO LATINA DE LOS ESTADOS Wifredo (Willy) Gort UNIDOS, INC. FOR A BUSINESS DEVELOPMENT MISSION TO THE REPUBLIC OF TURKEY, WHICH MISSION IS FOR THE USE AND BENEFIT OF THE CITY OF MIAMI; AUTHORIZING COMMISSIONER WIFREDO (WILLY) GORT TO REPRESENT THE CITY OF MIAMI IN THIS BUSINESS ENDEAVOR; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COMMISSION ON ETHICS. 13-00220 Legislation.pdf R-13-0067 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez City of Miami Page 14 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 RE.14 RESOLUTION 13-00222 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PAYMENT OF ATTORNEYS FEES AND COSTS, IN THE AMOUNT OF $2,550, FOR THE PURPOSE OF REPRESENTING COMMISSIONER MICHELLE SPENCE-JONES IN THE CASE STYLED THE VIZCAYANS INC. V. CITY OF MIAMI, INC. ET. AL., CASE NO. 07-17332-CA-13; ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 13-00222 Memo - Office of the City Attorney.pdf 13-00222 Legislation.pdf R-13-0068 MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez RE.15 RESOLUTION 13-00230 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR Department of 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Community and ("CDBG"), IN THE AMOUNT OF $44,934 FROM THE DISTRICT 3 CDBG Economic PUBLIC SERVICE RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO Development THE AGENCIES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR: COMMISSIONER FRANK CAROLLO 13-00230 Summary Form.pdf 13-00230 Pre-Legislation.pdf 13-00230 Legislation.pdf 13-00230 Exhibit 1.pdf R-13-0069 MOVED: Frank Carollo SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez END OF RESOLUTIONS City of Miami Page 15 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 BUDGET BI.1 BUDGET DISCUSSION ITEM 13-00117 Office of Management and Budget DI.1 12-00657 STATUS (SEC.18-542(b) CITY CODE) I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 13-00117 Summary Form.pdf DISCUSSED END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM ITEM TO BE WITHDRAWN BY THE ADMINISTRATION DISCUSSION CONCERNING THE CITY'S ADOPTION OF A TICKET 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.pdf 12-00657 Memos - Miami -Dade County 10-11-12.pdf 12-00657 Backup Information 06/28/12.pdf MOVED: Francis Suarez 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 DI.2 DISCUSSION ITEM 13-00109 PRESENTATION BY THE ALCOHOLIC BEVERAGE ORDINANCE REVIEW COMMITTEE AND PROPOSED AMENDMENTS TO CHAPTER 4 OF THE CITY CODE. City of Miami Page 16 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 SPONSORS: CHAIR MARC SARNOFF DEPARTMENT OF PLANNING & ZONING 13-00109 Email -Alcohol Ordinance Discussion Item.pdf 13-00109 Report - Alcoholic Beverage Ordinance Review Committee.pdf MOVED: Frank Carollo SECONDED: Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort DI.3 DISCUSSION ITEM 13-00202 Miami Parking Authority DI.4 13-00229 Department of Planning and Zoning 10:00 A.M. DI.5 13-00226 District 2- Commissioner Marc David Sarnoff UPDATE ON THE CAR2GO PROGRAM. 13-00202 Summary Form.pdf DISCUSSED DISCUSSION ITEM DISCUSSION TO ALLOW THE MIAMI MARINE STADIUM STEERING COMMITTEE TO PRESENT A REPORT OF ITS FINDINGS TO THE CITY COMMISSION PERTAINING TO THE OPERATIONAL PLAN FOR THE RESTORATION OF MIAMI MARINE STADIUM. 13-00229 Summary Form.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DISCUSSION ITEM DETAILED EXPLANATION BY THE DIRECTOR OF HR ON THE PROCESS OF HIRING POLICE OFFICERS. 13-00226 Email - Process of Hiring Police Officers.pdf City of Miami Page 17 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 DI.6 13-00234 District 2- Commissioner Marc David Sarnoff DISCUSSED Direction by Commissioner Spence -Jones to the Administration for the Police Chief to provide the City Commission with a report on sworn officers that are currently performing administrative functions that could be used in other areas, such as patrol, by the next meeting. Direction by Commissioner Spence -Jones to the Administration for the Police Chief to provide the City Commission with a report by the next meeting identifying key personnel currently participating in vital operations and programs associated with the Police Department who are also listed in the DROP and scheduled to retire from the City either this year or next. Direction by Chair Sarnoff to the Administration for the Police Chief to provide the City Commission with a fiscal analysis on worker's compensation claims for the period covered between 2008 and 2011 within the Miami Police Department by the next meeting. Direction by Chair Sarnoff to the Administration to develop a plan in preparation for the mid -year allocation for consideration by the City Commission that will allow for incentives, such as bonuses and tuition reimbursement, for police officers by the next meeting. DISCUSSION ITEM DISCUSSION OF STORMWATER UTILITY FUND USAGE. 13-00234 Email - Stormwater Utility Funds Usage.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 11-00380ap1 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, AN AMENDMENT TO THE PREVIOUSLY -APPROVED BRICKELL CITICENTRE SPECIAL AREA PLAN (BCC SAP), CHANGING THE NAME OF THE PROJECT FROM BRICKELL CITICENTRE TO BRICKELL CITYCENTRE, AND BY ADDING ADDITIONAL PROPERTIES GENERALLY BOUNDED BY SOUTHEAST 5TH STREET ON THE NORTH, SOUTHEAST 6TH STREET ON THE SOUTH, SOUTH MIAMI City of Miami Page 18 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 AVENUE ON THE WEST AND SOUTHEAST 1ST AVENUE ON THE EAST, MIAMI, FLORIDA; THE ADDITIONAL PROPERTIES HEREINAFTER KNOW AS "BCCN2" WILL: A) ADD APPROXIMATELY 42,821 SQUARE FEET (0.98 ACRE) OF LOT AREA FOR A TOTAL COMBINED LOT AREA OF 436,499 SQUARE FEET; B) INCREASE THE RETAIL / ENTERTAINMENT AREA BY 78,765 SQUARE FEET FOR A TOTAL OF 634,966 SQUARE FEET; C) INCREASE THE RESIDENTIAL COMPONENT BY 350 UNITS FOR A TOTAL OF 1,174 UNITS; AND D) INCREASE PARKING SPACES BY 772 SPACES FOR A TOTAL OF 5,519 SPACES. THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT NOT TO EXCEED ATOTAL OF 6,415,877 SQUARE FEET OF FLOOR AREA OR LESS THAN 26,000 SQUARE FEET OF CIVIC SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 529 South Miami Avenue; 6 SE 5th Street; 5, 9, 17, 23 and 27 SE 6th Street, Generally Bounded by SE 5th Street on the North, SE 6th Street on the South, S Miami Avenue on the West, and SE 1st Avenue on the East [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Spencer Crowley, Esquire, on behalf of Brickell CityCentre Project LLC and Johnny Martinez, City Manager, on behalf of 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 February 6, 2013 by a vote of 11-0. *See supporting documentation. PURPOSE: This will amend the SAP by changing the name of the from BRICKELL CITICENTRE SAP to BRICKELL CITYCENTRE SAP, further amending the Special Area Plan, it's Regulating Plan and Design Guidelines by adding abutting parcels to the north of the current northeast boundary of the BRICKELL CITICENTRE SAP project to include an additional 42,821 square feet of lot area for a new lot area total of 436,499 square feet or approximately 10.01 acres. The proposed amendment underscores the significant investment in the City as the projected cost of the overall development approaches one billion dollars $1 B, generating over $6M annually in city General Fund Ad Valorem taxes. City of Miami Page 19 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 PZ.2 11-00541 da 11-00380ap1 CC 02-28-13 Fact Sheet.pdf 11-00380ap Analysis.pdf 11-00380ap1 Maps.pdf 11-00380ap1 PZAB Reso.pdf 11-00380ap1 School Concurrency.pdf 11-00380ap1 CC Legislation (Version 2).pdf 11-00380ap1 Exhibit A.pdf 11-00380ap1 BCCN2 Binder Cover & Contents.pdf 11-00380ap1 BCCN2 Tab A.pdf 11-00380ap1 BCCN2 Tab B.pdf 11-00380ap1 BCCN2 Tab C.pdf 11-00380ap1 BCCN2 Tab D.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez 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 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN SWIRE PROPERTIES, INC., AFFILIATED PARTIES, AND THE CITY OF MIAMI, CHANGING THE NAME OF THE PROJECT FROM BRICKELL CITICENTRE TO BRICKELL CITYCENTRE, AND BY ADDING ADDITIONAL PROPERTIES, GENERALLY BOUNDED BY SOUTHEAST 5TH STREET ON THE NORTH, SOUTHEAST 6TH STREET ON THE SOUTH, SOUTH MIAMI AVENUE ON THE WEST AND SOUTHEAST 1ST AVENUE ON THE EAST, TO THE PREVIOUSLY APPROVED BRICKELL CITICENTRE SAP, MIAMI, FLORIDA; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE BCC SAP AND PERMITTED BY THE EXISTING T6-48B 0 TRANSECT DESIGNATION; AUTHORIZING A DENSITY OF APPROXIMATELY 150 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY FLOOR LOT RATIO OF 14; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 683 FEET AND MAXIMUM PEDESTAL HEIGHTS OF 129 FEET AND 160 FEET FOR PHASE 1/1AAND PHASE II, RESPECTIVELY; AMENDING CHAPTER 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO PERMIT THE CONSTRUCTION OF ENCROACHMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AND PERMIT CERTAIN COMMERCIAL USES THEREIN; FURTHER AMENDING CHAPTER 17 OF THE CITY CODE TO AUTHORIZE TREE REPLACEMENT WITHIN ONE (1) MILE OF THE AMENDED PROJECT BOUNDARIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 20 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 LOCATION: Approximately Bounded by SE 5th Street to the North, 8th Street to the South, Brickell Avenue to the East, and Southwest 1st Avenue to the West [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Spencer Crowley, Esquire, on behalf of Brickell CityCentre Project LLC and Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow a development agreement the previously -approved Brickell CitiCentre. 11-00541da CC 02-28-13 Fact Sheet.pdf 11-00541da Maps.pdf 11-00541da CC Legislation (Version 1).pdf 11-00541 da Development Agreement and Exhibit A.pdf 11-00541da Exhibit B.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo 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 PZ.3 RESOLUTION 11-00714sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE (THAT PORTION OF) CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, MIAMI, FLORIDA. City of Miami Page 21 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 LOCATION: Approximately Curtis Lane East of Rogers Road and along the North and South sides of Curtis Lane, East of Rogers Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Stephen Bittel, as Trustee of the Acme Real Estate Trust FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on July 7, 2011 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends denial, which failed, to City Commission on April 18, 2012 by a vote of 3-5. Recommends approval as a second motion to City Commission on April 18, 2012 by a vote of 5-3. PURPOSE: This will close and vacate Curtis Lane, East of Rodgers Road and two North/South easements. 11-00714sc CC 03-14-13 Fact Sheet.pdf 11-00714sc Department Analyses & Maps.pdf 11-00714sc School Brd Concurrency & PZAB Resos.pdf 11-00714sc Application & Supporting Documentation.pdf 11-00714sc CC Fully -Executed Legislation (Ver. 2) & Exhibit.pdf MOVED: Francis Suarez SECONDED: Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort and Carollo MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MOVED: SECONDED: UNANIMOUS Francis Suarez 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 PZ.3 was deferred to the March 14, 2013 Commission Meeting. City of Miami Page 22 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 PZ.4 ORDINANCE Second Reading 12-00841 Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, 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 A PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OF A VACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDA AVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDAAND PLAZA, MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY DESIGNATED "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL", LESS A 25-FOOT DEEP PORTION OF THE LOT FACING FLORIDAAVENUE THAT REMAINS "SINGLE FAMILY RESIDENTIAL", AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN THE ATTACHED "EXHIBIT B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting of the Northern portion of a Vacant Irregularly -Shaped Property Located within the Block Bounded by Florida Avenue on the North, Plaza Street on the East, Grand Avenue on the South, and Douglas Avenue on the West, the Lots in Question front on Florida and Plaza [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt Gibson Memorial Fund, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 8-1. See companion File ID 12-00841zc. *See supporting documentation. PURPOSE: This will change a portion of the above location to "Low Density Restricted Commercial", less a 25-foot deep portion of the lot facing Florida Avenue to remain "Single Family Residential". 12-008411u CC 02-28-13 Fact Sheet.pdf 12-008411u Analysis, Maps & PZAB Reso.pdf 12-008411u & 12-00841 zc Applicant Agreement with College.pdf 12-008411u Application & Supporting Documentation.pdf 12-008411u Fully -Executed CC Legis. (Ver. 3) & Exhibits.pdf 13363 City of Miami Page 23 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 PZ.5 12-00841zc MOVED: SECONDED: Francis Suarez 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 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OFAVACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDA AVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDAAVENUE AND PLAZA STREET, MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY ZONED "T3-R" SUB -URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT TO "T4-O" GENERAL URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, LESS A 25-FOOT DEEP PORTION OF THE LOT FACING FLORIDA AVENUE THAT REMAINS "T3-R" SUB -URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, MIAMI, FLORIDA, AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN "EXHIBIT B", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting of the Northern portion of a Vacant Irregularly -Shaped Property Located within the Block Bounded by Florida Avenue on the North, Plaza Street on the East, Grand Avenue on the South, and Douglas Avenue on the West, the Lots in Question front on Florida and Plaza [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt Gibson Memorial Fund, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on September 19, 2012 by a vote of 8-1. See companion File ID 12-008411u. *See supporting documentation. PURPOSE: This will change a portion of the above location to "T4-O" with an "NCD-2", less a 25-foot deep portion of the lot facing Florida Avenue to remain "T3-R" with an "NCD-2". City of Miami Page 24 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 PZ.6 12-01296zt 12-00841zc CC 02-28-13 Fact Sheet.pdf 12-00841zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 12-00841 lu & 12-00841 zc Applicant Agreement with College.pdf 12-00841zc Application & Supporting Documentation.pdf 12-00841zc Fully -Executed CC Legis. (Ver. 3) & Exhibits.pdf 13364 MOVED: Francis Suarez 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 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 7, ENTITLED "PROCEDURES AND NONCONFORMITIES", SECTION 7.1.2.8.B.1., TO ESTABLISH APRIL AND OCTOBERAS THE INITIAL CITY COMMISSION PLANNING AND ZONING PUBLIC HEARING DATES TO CONSIDER MIAMI 21 ATLAS AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. PURPOSE: This will establish April and October as the initial City Commission P&Z public hearing dates to consider Miami 21 Atlas amendments. 12-01296zt CC 02-28-13 Fact Sheet.pdf 12-01296zt PZAB Reso.pdf 12-01296zt CC Legislation (Version 2).pdf 13362 MOVED: SECONDED: Wifredo (Willy) Gort Francis Suarez 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.7 ORDINANCE First Reading City of Miami Page 25 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 06-006131u1 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 MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "Public Parks and Recreation" with an "UCBD" Overlay. 06-006131u1 CC 02-28-13 Fact Sheet.pdf 06-006131u1 Analysis, Maps & Pictures.pdf 06-006131u1 PZAB Reso.pdf 06-006131u1 Supporting Documentation - NEW.pdf 06-006131u1 CC Legislation (Version 5) & Exhibits.pdf MOVED: SECONDED: Francis Suarez Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort and Carollo MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 26 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 PZ.8 06-0061 3zcl MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED 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 THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-48B-O" URBAN CORE ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u1 and related File IDs 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "CS". 06-00613zc1 CC 02-28-13 Fact Sheet.pdf 06-00613zc1 Analysis, Maps & Zoning Referral.pdf 06-00613zc1 Pictures.pdf 06-00613zc1 PZAB Reso.pdf 06-00613zc1 Supporting Documentation - NEW.pdf 06-00613zc1 CC Legislation (Version 3) & Exhibits.pdf MOVED: Francis Suarez SECONDED: Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort and Carollo MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City of Miami Page 27 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 PZ.9 06-006131 u 1 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED 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 MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc1 and related File IDs 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "Public Parks and Recreation" with an "UCBD" Overlay. 06-006131u1 CC 02-28-13 Fact Sheet.pdf 06-006131u1 Analysis, Maps & Pictures.pdf 06-006131u1 PZAB Reso.pdf 06-006131u1 Supporting Documentation - NEW.pdf 06-006131u1 CC Legislation (Version 5) & Exhibits.pdf MOVED: SECONDED: Francis Suarez Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort and Carollo City of Miami Page 28 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.10 ORDINANCE First Reading 06-00613zc 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 "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property to "T6-48B-O". 06-00613zc CC 02-28-13 Fact Sheet.pdf 06-00613zc Analysis, Maps & Zoning Referral.pdf 06-00613zc PZAB Reso.pdf 06-00613zc Application & Supporting Documentation.pdf 06-00613zc CC Legislation (Version 3) & Exhibit.pdf MOVED: Francis Suarez SECONDED: Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Spence -Jones City of Miami Page 29 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 ABSENT: Commissioner(s) Gort and Carollo MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.11 ORDINANCE 12-00155Iu 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 ACREAGE DESCRIBED HEREIN OF SELECTED REAL PROPERTIES APPROXIMATELY ON THE EAST SIDE OF SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 9TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 30 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 LOCATION: Approximately on the East Side of SW 27th Avenue between SW 9th Street and SW 16th Street [Commissioner Francis Suarez - District 4] 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, which fails, constituting a denial to City Commission on June 20, 2012 by a vote of 2-5. See companion File ID 12-00155zc. PURPOSE: This will change certain properties above to "Medium Density Restricted Commercial", "Major Institutional, Public Facilities, Transportation and Utilities" and "Low Density Multifamily Residential". 12-001551u CC 02-28-13 Fact Sheet.pdf 12-001551u Analysis, Color Maps, Sch. Brd. Conc. & PZAB Reso.pdf 12-001551u Supporting Documents.pdf 12-001551u Fully -Executed CC Legislation (Version 2) & Exhibit.pdf MOVED: Francis Suarez SECONDED: Michelle Spence -Jones Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort and Carollo MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.12 ORDINANCE First Reading 12-00155zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION LOCATED APPROXIMATELY ON THE EAST SIDE OF SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 9TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "T4-R" GENERAL URBAN TRANSECT ZONE TO City of Miami Page 31 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 "T5-L" URBAN CENTER TRANSECT ZONE, FROM "T4-L" GENERAL URBAN TRANSECT ZONE TO "T5-L" URBAN CENTER TRANSECT ZONE AND FROM "T3-R" AND "T3-O" SUB -URBAN TRANSECT ZONES TO "T4-R" GENERAL URBAN TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately on the East Side of SW 27th Avenue between SW 9th Street and SW 16th Street [Commissioner Francis Suarez - District 4] 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 denial to City Commission on June 20, 2012 by a vote of 6-1. See companion File ID 12-001551u. PURPOSE: This will change certain properties above to "T4-R" General Urban Transect Zone and "T5-L" Urban Center Transect Zone. NOTE(S): During Roll Call, Mr. Pina stated for the record (in summary), many of them [PZAB members] might be in favor, but not as presented in its present form, so the City Commission gets the interpretation that they are not against it. However, they do not think the zoning, the way it appears to be scaled down, is not the appropriate one. 12-00155zc CC 02-28-13 Fact Sheet.pdf 12-00155zcAnalysis, Color Maps & PZAB Reso.pdf 12-00155zc Supporting Documents.pdf 12-00155zc CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: Francis Suarez Michelle Spence -Jones Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort and Carollo MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo City of Miami Page 32 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.13 ORDINANCE First Reading 12-011801u1 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 ACREAGE DESCRIBED HEREIN OF SELECTED PROPERTIES LOCATED AT APPROXIMATELY: 1) THE NORTH SIDE OF SOUTHWEST 9TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; AND 2) 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; AS DEPICTED IN "EXHIBIT A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1) The North Side of SW 9th Street between SW 8th Avenue and SW 12th Avenue; and 2) 828 SW 8th Avenue, 829 and 830 SW 8th Court, 814 and 829 SW 9th Avenue, 824 and 831 SW 9th Court, 826 and 827 SW 10th Avenue, and 827 and 830 SW 11th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. See companion File ID 12-01180zc1. PURPOSE: This will change the above properties to 1) "Low Density Multifamily Residential" and 2) "Low Density Restricted Commercial". 12-011801u1 CC 02-28-13 Fact Sheet.pdf 12-011801u1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-011801u1 CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones City of Miami Page 33 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 PZ.14 ORDINANCE First Reading 12-01180zcl AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T4-L" GENERAL URBAN ZONE -LIMITED FOR SELECTED PROPERTIES LOCATED AT APPROXIMATELY 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.B.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A REZONING PURSUANT TO SECTION 7.1.2.8.G.5; FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO AUTOMATICALLY REVERT, IF NECESSARY, ANY ACCOMPANYING FUTURE LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 828 SW 8th Avenue, 829 and 830 SW 8th Court, 814 and 829 SW 9th Avenue, 824 and 831 SW 9th Court, 826 and 827 SW 10th Avenue, and 827 and 830 SW 11th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(s): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. See companion File ID 12-011801u1. PURPOSE: This will change the above properties to "T4-L". 12-01180zc1 CC 02-28-13 Fact Sheet.pdf 12-01180zc1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-01180zc1 Fully -Executed CC Legis. (Ver. 2) & Exhibit.pdf MOVED: Frank Carollo SECONDED: Francis Suarez City of Miami Page 34 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones PZ.15 ORDINANCE First Reading 13-00002zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING SECTION 3.15 "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS" TO MODIFY SETBACK REQUIREMENTS ABOVE THE EIGHTH FLOOR BY WAIVER TO PROVIDE ADDITIONAL DESIGN FLEXIBILITY OF AFFORDABLE HOUSING DEVELOPMENT; 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: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. PURPOSE: This ordinance will give affordable housing development eligible under Section 3.15 of the Zoning Ordinance the ability to waive setback requirements above the eighth floor as required by Section 5.6.1 (g) and Illustration 5.6 to provide additional design flexibility for such projects. 13-00002zt CC 02-28-13 Fact Sheet.pdf 13-00002zt Supporting Documentation & PZAB Reso.pdf 13-00002zt CC Legislation (Version 2).pdf MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort and Suarez NOES: Commissioner(s) Sarnoff ABSENT: Commissioner(s) Carollo and Spence -Jones PZ.16 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. City of Miami Page 35 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 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 02-28-13 Fact Sheet.pdf 12-00252za PZAB & Zoning Adm. Appeal Docs.pdf 12-00252za CC Executed Legis. (Vers. 3 & 4) & Interpretation.pdf MOVED: SECONDED: Francis Suarez Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Gort and Carollo MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones MOVED: SECONDED: UNANIMOUS Francis Suarez 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 PZ.16 was deferred to the April 11, 2013 Commission Meeting. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO City of Miami Page 36 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 13-00233 DISCUSSION ON HOW TO EXPEDITE RESTORATION OF STREETLIGHT OUTAGE. 13-00233 Expedite Restoration of Streetlight Outage.pdf DISCUSSED END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 13-00203 DISCUSSION ON THE FORMULA E ELECTRIC CAR RACE. D2.2 13-00225 D2.3 13-00203 Email - Formula E Electric Car Race.pdf DISCUSSED DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00225 Status - Hiring Police Officers.pdf NO ACTION TAKEN DISCUSSION ITEM 12-01391 DISCUSSION ON DEMOLITIONS PERFORMED WITHOUT PERMITS AND/OR CERTIFICATES OF APPROPRIATENESS. 12-01391 Email - Demolitions Performed without Permits.pdf NO ACTION TAKEN D2.4 DISCUSSION ITEM 12-01397 DISCUSSION ON TRASH HOLES. City of Miami Page 37 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 D2.5 12-01397 Email - Trash Holes.pdf NO ACTION TAKEN DISCUSSION ITEM 12-01398 DISCUSSION ON RESIDENTIAL PROPERTIES RENTED FOR COMMERCIAL PURPOSES. D2.6 12-01466 D2.7 13-00236 12-01398 Residential Properties Rented for Commercial Purposes.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING CONTRACTORS' NEGLIGENCE IN FAILING TO PROTECT TREES. 12-01466 Contractor's Negligence - Failing to Protect Trees.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE ON ENFORCEMENT OF VEHICLES FAILING TO YIELD TO PEDESTRIANS IN THE RIGHT-OF-WAY. 13-00236 Enforcement - Failing to Yield to Pedestrains.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM 12-01486 D3.2 13-00165 UPDATE REGARDING WORK PERFORMED BY OTHER GOVERNMENTAL AGENCIES ON CITY STREETS AND THE LACK OF ADEQUATE MILLING AND RESURFACING TO RESTORE STREETS TO THEIR ORIGINAL CONDITION. 12-01486 Email - Lack of Adequate Milling & Resurfacing Streets.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the March 14, 2013 Commission Meeting. DISCUSSION ITEM UPDATE PROCEDURES REGARDING THE CIP PROCESS IN ORDER City of Miami Page 38 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 TO BETTER THE INFRASTRUCTURE AND SERVICES TO THE COMMUNITY. 13-00165 Email - Update CIP Process.pdf DEFERRED Note for the Record: Item D3.2 was deferred to the March 14, 2013 Commission Meeting. D3.3 DISCUSSION ITEM 13-00166 UPDATE REGARDING THE TIMELY ISSUANCE OF THE AUDITED FINANCIAL STATEMENT ENDING SEPTEMBER 30, 2012. D3.4 13-00166 Update Timely Issuance - Audited Financial Statement FY' 13.pdf DISCUSSED DISCUSSION ITEM 13-00167 UPDATE REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE. 13-00167 Update - Financial Integrity Principles Ordinance.pdf DEFERRED Note for the Record: Item D3.4 was deferred to the March 14, 2013 Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 12-01455 D4.2 DISCUSSION REGARDING MIAMI 21'S BLANKET PROHIBITION ON COMMERCIAL VEHICLES IN RESIDENTIAL ZONES. 12-01455 Email - Miami 21's Blanket Prohibition.pdf NO ACTION TAKEN DISCUSSION ITEM 13-00237 UPDATE ON "REVERSE REDLINING" LITIGATION FOR VIOLATIONS OF THE FAIR HOUSING ACT. 13-00237 Email - Update Reverse Redlining.pdf City of Miami Page 39 Printed on 3/7/20/3 City Commission Marked Agenda February 28, 2013 DISCUSSED END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-00170 DISCUSSION ON THE SUCCESSION PLAN AS A RESULT OF SIGNIFICANT 2013 EMPLOYEE RETIREMENTS. 13-00170 Succession Plan - Employee Retirements 2013.pdf 13-00170 Drop Succession Plan.pdf DEFERRED Note for the Record: Item D5.1 was deferred to the March 14, 2013 Commission Meeting. END OF DISTRICT 5 NON AGENDA ITEMS NA.1 DISCUSSION ITEM 13-00307 DISCUSSION BY COMMISSIONER SPENCE-JONES REGARDING THE IMPLEMENTATION OF STREET CLOSURES IN LIBERTY SQUARE FOR THE PURPOSE OF ADDRESSING VIOLENT CRIME. DISCUSSED Direction by Commissioner Spence -Jones to the Administration to provide the City Commission with a fiscal analysis on the use of technology, such as Shot Spotter and/or closed circuit television cameras (CCTV), for the purpose of addressing shootings by the next meeting. NA.2 DISCUSSION ITEM 13-00308 NA.3 13-00255 District 2- Commissioner Marc David Sarnof f' COMMISSIONER CAROLLO ACKNOWLEDGED THE PRESENCE, IN THE MIAMI CITY COMMISSION CHAMBERS, OF STATE SENATOR MIGUEL DIAZ DE LA PORTILLAAND SCHOOL BOARD MEMBER CARLOS CURBELO. DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A ONE HUNDRED EIGHTY (180) DAY EXTENSION OF TIME FOR THE CLOSURE OF A PORTION OF AN ALLEY, PURSUANT TO RESOLUTION NO. 08-0615, ADOPTED OCTOBER 23, 2008, FURTHER AMENDED PURSUANT TO RESOLUTION NO. 12-0423, ADOPTED OCTOBER 25, 2012, LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHWEST MIAMI COURT, NORTH OF NORTHWEST 20 STREET, MIAMI, FLORIDA, SET TO EXPIRE ON FEBRUARY 28, 2013, ASSOCIATED WITH THE PLAT ENTITLED "MIAMI SUN PLAT". City of Miami Page 40 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 R-13-0071 MOVED: SECONDED: Frank Carollo Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez NA.4 DISCUSSION ITEM 13-00309 DISCUSSION REGARDING THE UPCOMING CITY ATTORNEY VACANCY. DISCUSSED NA.5 DISCUSSION ITEM 13-00310 NA.6 13-00286 District 3- Commissioner Frank Carollo DISCUSSION BY COMMISSIONER SUAREZ REGARDING CDBG TIMELINESS ISSUES, WHICH HAVE JEOPARDIZED THE CITY OF MIAMI'S ENTIRE FY 2013 CDBG ENTITLEMENT AWARD. DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO TAKE ALL NECESSARY LEGAL OR ADMINISTRATIVE RULE MAKING ACTION TO REQUIRE THE DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES TO REQUIRE THAT THE BUILDING DEPARTMENT OF A LOCAL JURISDICTION BE NOTIFIED WHEN A DEVELOPER APPLIES FOR CONDOMINIUM CONVERSION APPROVAL IN ORDER FOR SAID JURISDICTION TO RECEIVE A COPY OF THE BUILDING INSPECTIONS REQUIRED TO BE FILED AND BE ABLE TO SUBMIT THEIR CONSENT TO CONVERT BEFORE SAID APPROVALS ARE GIVEN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. R-13-0072 MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones NA.7 RESOLUTION 13-00287 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT City of Miami Page 41 Printed on 3/7/20/3 City Commission Marked Agenda February 28,2013 District 3- ANY AND ALL LEGAL OR ADMINISTRATIVE STEPS BE TAKEN BY THE Commissioner Frank BUILDING OFFICIAL TO DENY 40/50 YEAR RE -CERTIFICATIONS WHEN Carollo THE PROPERTY HAS BUILDING CODE VIOLATIONS, UNSAFE STRUCTURE VIOLATIONS, OR OPEN OR EXPIRED PERMITS ON THE PROPERTY WHICH IS THE SUBJECT OF THE RE -CERTIFICATION. R-13-0073 MOVED: SECONDED: Frank Carollo Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones NA.8 DISCUSSION ITEM 13-00311 ADJOURNMENT DISCUSSION BY COMMISSIONER SUAREZ EXPRESSING HIS DESIRE TO WORK WITH THE ADMINISTRATION ON RESEARCHING THE TECHNOLOGY AVAILABLE FOR ADDRESSING SHOOTINGS IN THE CITY OF MIAMI AND DIRECTING THE ADMINISTRATION TO PLACE A DISCUSSION ITEM ON THE MARCH 14, 2013 AGENDA REGARDING THE SAME. DISCUSSED The meeting adjourned at 7:15 p.m. City of Miami Page 42 Printed on 3/7/20/3