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HomeMy WebLinkAboutCC 2013-07-25 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, July 25, 2013 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.5 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 2:00 PM. City of Miami Page 1 Printed on 7,31/2013 City Commission Marked Agenda July 25, 2013 MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 7/31/2013 City Commission Marked Agenda July 25, 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 25th day of July 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 Planning and Zoning Commission Meeting was called to order by Chair Sarnoff at 9:28 a.m., recessed at 11:06 a.m., reconvened at 11:27 a.m., recessed at 12:50 p.m., reconvened at 2:48 p.m., recessed at 5:36 p.m., reconvened at 6:04 p.m.,recessed at 7:41 p.m., reconvened at 8:03 p.m., recessed at 11:57 p.m., reconvened at 12:04 a.m., recessed at 1:38 a.m., reconvened at 1:48 a.m., and adjourned at 2:41 a.m. Note for the Record: Vice Chair Gort entered the Commission chambers at 9:31 a.m and Commissioner Carollo entered the Commission chambers at 9:36 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Daniel J. Alfonso, Acting City Manager Todd B. Hannon, City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 13-00786 PRESENTATION Honoree United Way Haydee Wheeler WINN DIXIE James Morris Georgui Lago Mayra Hernandez Presenter Mayor Regalado Mayor & Commissioners Commissioner Spence -Jones 13-00786 Protocol Item.pdf PRESENTED Protocol Item Proclamation Retirement Salute Certificates of Appreciation 1. Mayor Regalado paid tribute and presented Certificates of Appreciation to Ana Martinez on behalf of the United Way, for their participation in the success of the 2013 United Way Campaign; further recognizing Dr. Mary Leckband, Peter Iglesias (Building Department), Marta Gomez (City Attorney's Office), and Keith Carswell (Department of Solid waste) for their dedication and commitment to outstanding volunteer work as core team members and ambassadors in the 2013. 2. Mayor Regalado presented a Salute for Outstanding Service to Haydee Wheeler, on the occasion of the completion of her tenure as Director of the Neighborhood Enhancement Team, expressing a sincere appreciation for her twenty tears of outstanding service to the residents of the City of Miami; further applauding her dedicated service, reliability and thoughtful demeanor. 3. Commissioner Spence -Jones presented Certificates of Appreciation to the Winn -Dixie Corporation in honor of their community involvement and applauding their service as a dependable resource for creative backing and major sponsorship of community initiatives. City ofMiami Page 3 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of June 27, 2013 NO ACTION TAKEN END OF APPROVING MINUTES MAYORAL VETOES NO ACTION TAKEN (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 Direction by Commissioner Spence -Jones to the City Attorney to ensure that there is a discussion regarding item DI.5 regarding pending mortgage lending litigation prior to the filing of any legal action by the City. City ofMiami Page 4 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 CA.1 13-00759 Department of Purchasing CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED MAY 13, 2013, PURSUANT TO INVITATION FOR BID NO. 360343, FROM A NAVAS PARTY PRODUCTION (PRIMARY) AND GLEN'S TENT AND TABLE RENTAL SERVICES, INC., (SECONDARY), FOR THE PROCUREMENT OF THE RENTAL OF TENTS, TABLES, CHAIRS AND LINENS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00759 Summary Form.pdf 13-00759 Tabulation.pdf 13-00759Addendum No. 1.pdf 13-00759 Invitation for Bid.pdf 13-00759 Legislation.pdf R-13-0283 This Matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 13-00760 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RESPONSE SUBMITTALS RECEIVED Department of Police APRIL 2, 2013, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 356296 FOR THE PROVISION OF LATENT PRINT EXAMINATION SERVICES FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; APPROVING THE ESTABLISHMENT OF A PRE -QUALIFIED LIST, CURRENTLY COMPRISED OF THREE (3) PRE -QUALIFIED FIRM(S) OR INDIVIDUAL(S), AS LISTED ON "EXHIBIT A", ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH EACH PRE -QUALIFIED FIRM OR INDIVIDUAL FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ, TO ADD PRE -QUALIFIED FIRM(S) OR INDIVIDUAL(S) TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT NEED FOR FURTHER CITY COMMISSION APPROVAL. 13-00760 Summary Form.pdf 13-00760 Legislation.pdf 13-00760 Exhibit 1.pdf R-13-0284 City ofMiami Page 5 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 CA.3 13-00761 Department of Parks and Recreation This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFILIATING AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND NATURE LINKS FOR LIFELONG LEARNING, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF ESTABLISHING A COOPERATIVE EFFORT TO PROVIDE YOUNG ADULTS WITH DISABILITIES BETWEEN THE AGES OF 22-30, CONTINUING VOCATIONAL EDUCATION THAT WILLALLOW THEM TO ACQUIRE SKILLS THAT WILL LEAD TO EMPLOYMENT, FOR THE PERIOD COMMENCING AUGUST 19, 2013 THROUGH JUNE 5, 2014, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS UNDER THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE AGREEMENT, AFTER CONSULTATION WITH THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ADMINISTRATION OF AND COMPLIANCE WITH THE AGREEMENT. 13-00761 Summary Form.pdf 13-00761 Legislation.pdf 13-00761 Exhibit 1.pdf R-13-0285 This Matter was ADOPTED on the Consent Agenda. CA.4 RESOLUTION 13-00762 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of Police MEMORANDUM OF UNDERSTANDING ("MOU") AND A COST REIMBURSEMENT AGREEMENT FROM THE FEDERAL BUREAU OF INVESTIGATION, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR THE CITY OF MIAMI POLICE DEPARTMENTS CONTINUED PARTICIPATION IN IDENTIFYING AND TARGETING FOR PROSECUTION CRIMINAL ENTERPRISE GROUPS RESPONSIBLE FOR DRUG TRAFFICKING, MONEY LAUNDERING, ALIEN SMUGGLING, CRIMES OF VIOLENCE SUCH AS MURDER AND AGGRAVATED ASSAULT, ROBBERY, AND VIOLENT STREET GANGS, AS WELL AS TO INTENSELY FOCUS ON THE APPREHENSION OF DANGEROUS FUGITIVES WHERE THERE IS OR MAY BE A FEDERAL INVESTIGATIVE INTEREST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID MOU AND COST REIMBURSEMENT AGREEMENT. 13-00762 Summary Form.pdf 13-00762 Email - Cost Reimbursement Agrmt.pdf 13-00762 Legislation.pdf 13-00762 Exhibit 1.pdf City ofMiami Page 6 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 CA.5 R-13-0286 This Matter was ADOPTED on the Consent Agenda. RESOLUTION 13-00758 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Department of ENTITLED: "STATE HOMELAND SECURITY GRANT PROGRAM Fire -Rescue SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCES FOR YEAR 2012", AND APPROPRIATING FUNDS, IN THE AMOUNT OF $60,000, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, FOR THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD. 13-00758 Summary Form.pdf 13-00758 Legislation.pdf 13-00758 Exhibit 1.pdf R-13-0287 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: ABSENT: Wifredo (Willy) Gort Michelle Spence -Jones Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Commissioner(s) Suarez END OF CONSENT AGENDA PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 13-00769 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF STATE Department of HOUSING INITIATIVES PARTNERSHIP FUNDS ("SHIP"), IN THE TOTAL Community and AMOUNT OF $572,606 FOR FISCAL YEAR 2013-2014, AS SHOWN ON Economic "EXHIBIT A", ATTACHED HERETO, FOR THE STRATEGIES UNDER THE Development CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 7 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 13-00769 Summary Form.pdf 13-00769 Notice to the Public.pdf 13-00769 Pre-Legislation.pdf 13-00769 Legislation.pdf 13-00769 Exhibit 1.pdf R-13-0288 MOVED: Michelle Spence -Jones SECONDED: 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 PH.2 RESOLUTION 13-00770 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS FROM THE Department of CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY AND ECONOMIC Community and DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT RESERVE Economic ACCOUNT, IN THE AMOUNT OF $235,307 AND IN THE AMOUNT OF Development $218,047, FROM THE CITY DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CITYWIDE RESERVE FROM PROGRAM INCOME, FORATOTALAMOUNT OF $453,354; ALLOCATING SAID FUNDS TO THE CITY DEPARTMENT OF PUBLIC WORKS FOR SIDEWALK REPLACEMENT IN VARIOUS CITY LOCATIONS INCLUDING BUT NOT LIMITED TO THOSE LOCATIONS ON "COMPOSITE EXHIBIT A", ATTACHED HERETO ; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00770 Summary Form.pdf 13-00770 Notice to the Public.pdf 13-00770 Pre-Legislations.pdf 13-00770 Legislation.pdf 13-00770 Exhibit 1.pdf R-13-0289 MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo PH.3 RESOLUTION 13-00771 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 8 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Community and DEVELOPMENT BLOCK GRANT DE -OBLIGATED FUNDS IN THE TOTAL Economic AMOUNT OF $133,474, AS SPECIFIED IN EXHIBIT "A', ATTACHED AND Development INCORPORATED, TO THE CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AT DOUGLAS PARK LOCATED AT 2755 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, IN DISTRICT2; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00771 Summary Form.pdf 13-00771 Notice to the Public.pdf 13-00771 Legislation.pdf 13-00771 Exhibit 1.pdf R-13-0290 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 PH.4 RESOLUTION 13-00799 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS FROM THE CITY OF MIAMI ("CITY") Department of DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Community and RESERVE ACCOUNT, IN THE AMOUNT OF $1,622,986, FOR THE Economic PAYMENT OF THE PRINCIPAL AND INTEREST DUE FOR THE CITY'S Development SHARE OF THE JUNGLE ISLAND SECTION 108 LOAN FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE REPAYMENT OF SAID PRINCIPAL AND INTEREST FROM PARROT JUNGLE GARDENS AND WATSON ISLAND; DEPOSITING SUCH PAYMENT INTO THE COMMUNITY DEVELOPMENT BLOCK GRANT DISTRICT RESERVES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00799 Summary Form.pdf 13-00799 Notice to the Public.pdf 13-00799 Pre-Agrmts. & Legislations.pdf 13-00799 Legislation.pdf R-13-0291 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 Spence -Jones ABSENT: Commissioner(s) Suarez City ofMiami Page 9 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 2:30 P.M. PH.5 13-00830 District 2- Commissioner Marc David Sarnoff 5:00 P.M. PH.6 13-00713 Office of Grants Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT; AND ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT. 13-00830 Legislation.pdf 13-00830 Exhibit 1.pdf R-13-0293 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 A motion was made by Commissioner Suarez, seconded by Commissioner Spence -Jones, and was passed unanimously, to approve the levy of a special assessment for the Wynwood Business Improvement District (BID). Note for the Record: The following actions (see below) were taken by the City Commission while serving as an equalization board. A motion was made by Vice Chair Gort, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Carollo and Commissioner Suarez absent, to approve the assessment as assessed for the properties located at 47 and 49 Northeast 25th Street. A motion was made by Vice Chair Gort, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Carollo and Commissioner Suarez absent, to approve the assessment as assessed for the property located at 2425 North Miami Avenue. A motion was made by Vice Chair Gort, seconded by Chair Sarnoff, and was passed with a 2/1 vote, with Commissioner Spence -Jones voting no, and Commissioner Carollo and Commissioner Suarez absent, to approve the assessment as assessed for the vacant lot located at 127 Northwest 23rd Street. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 144 AND 152 SOUTHWEST 8TH STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL VIEW, A MULTI -LEVEL APARTMENT BUILDING WITH SIXTY FOUR (64), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH City ofMiami Page 10 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 FLORIDA STATUTE 376.80 SECTION 2(B)(1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. 13-00713 Summary Form.pdf 13-00713 Notice to the Public.pdf 13-00713 Legislation.pdf 13-00713 ExhibitA.pdf 13-00713 Exhibit B.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Spence -Jones Note for the Record: Item PH.6 was deferred to the September 12, 2013 Commission Meeting at 5:00 p.m. PH.7 RESOLUTION 13-00721 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 1026 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL TOWER, A MULTI -LEVEL APARTMENT BUILDING WITH THIRTY TWO (32), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B)(1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. 13-00721 Summary Form.pdf 13-00721 Notice to the Public.pdf 13-00721 Legislation.pdf 13-00721 Exhibit A. pdf 13-00721 Exhibit B.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo City ofMiami Page 11 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 ABSENT: Commissioner(s) Suarez and Spence -Jones Note for the Record: Item PH.7 was deferred to the September 12, 2013 Commission Meeting at 5:00 p.m. PH.8 RESOLUTION 13-00722 Office of Grants Administration SR.1 13-00359 District 2- Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, OR FINDING THAT THE CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST, FOR THE PROPERTY LOCATED AT 850 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF VISTA GRANDE APARTMENTS, A MULTI -LEVEL APARTMENT BUILDING WITH EIGHTY NINE (89), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B)(1-5); AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY IF THE PROPERTY IS DESIGNATED, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. 13-00722 Summary Form.pdf 13-00722 Notice to the Public. pdf 13-00722 Legislati on. pdf 13-00722 Exhibit A. pdf 13-00722 Exhibit B.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Spence -Jones Note for the Record: Item PH.8 was deferred to the September 12, 2013 Commission Meeting at 5:00 p.m. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE ITEM TO BE DEFERRED INDEFINITELY Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS" , MORE PARTICULARLY BY CREATING ARTICLE VII ENTITLED "SECURITY SCREENS AND SHUTTERS", SECTIONS 10-111 THROUGH 10-114, WITH RESPECT TO SECURITY SCREENS AND SHUTTER REGULATIONS, WITHIN THE City ofMiami Page 12 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 SR.2 13-00756 Department of Public Works SR.3 13-00747 Office of the City Attorney DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARIES, THE COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, AND THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; ADDING NEW TITLES, PROCEDURES, DEFINITIONS, AND CRITERIA; AND ADDING TIMELINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00359 Legislation (Version 5) FR/SR.pdf INDEFINITELY DEFERRED ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS", TO ALLOW CONSTRUCTION OF SINGLE FAMILY HOMES ON LOT(S) OF RECORD THAT HAVE BEEN SUBDIVIDED INTO REMNANT LOTS UPON REVIEW BY THE PLAT AND STREET COMMITTEE, SUBJECT TO COMPLIANCE WITH MIAMI 21; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00756 Summary Form SR.pdf 13-00756 Legislation FR/SR.pdf 13401 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 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC/DANGEROUS INTERSECTION SAFETY", MORE PARTICULARLY BY AMENDING SECTIONS 35-348 THROUGH 35-350 TO CODIFY THE USE OF HEARING OFFICERS/SPECIAL MASTERS AND A HEARING PROCESS FOR DISPOSING OF TRAFFIC INFRACTIONS IN THE CITY CODE PURSUANT TO CHAPTER 2013-160, LAWS OF FLORIDA TO CONTINUE THE TRAFFIC INFRACTION DETECTOR PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00747 Memo - Office of the City Attorney SR.pdf 13-00747 Florida House of Representatives FR/SR.pdf 13-00747 Description of Hearing Procedure - Red Light Camera Safety Prgm. SR.pdf 13-00747 Legislation (Version 2) SR.pdf 13-00747-Submittal-Chair Sarnoff (1).pdf City ofMiami Page 13 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 13400 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: NOES: Commissioner(s) Gort, Sarnoff and Spence -Jones Commissioner(s) Carollo and Suarez END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING FR.1 ORDINANCE First Reading 13-00831 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, District 2- FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, Commissioner Marc COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY CREATING A David Sarnoff NEW DIVISION 21 ENTITLED "WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD," CONTAINING SECTIONS ESTABLISHING THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD ("BID BOARD"), SETTING FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES AND DUTIES; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL AND ASSIGNMENT OF STAFF AND LIAISON(S), AN ANNUAL REPORT, THE SOURCE OF FUNDS, FOR BID BOARD AND BID COMMITTEE MEMBER PARTICIPATION IN BID PROGRAMS, INAPPLICABILITY OF SUNSET PROVISIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00831 Legislation FR.pdf MOVED: Michelle Spence -Jones SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez END OF FIRST READING ORDINANCE RE.1 RESOLUTION 13-00472 RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 14 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Capital GRANT OF EASEMENT AGREEMENT, IN SUBSTANTIALLY THE Improvements ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER Program DEPARTMENT, FOR THE MELREESE GOLF TRAINING CENTER PROJECT, B-30566A, DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, WITH FULL RIGHT TO INGRESS THERETO AND EGRESS THEREFROM ON THE PROPERTY. 13-00472 Summary Form.pdf 13-00472 Legislation.pdf 13-00472 Exhibit 1.pdf R-13-0294 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.2 RESOLUTION 13-00779 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY OF MIAMI'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 13-00779 Summary Form.pdf 13-00779 Legislation.pdf R-13-0302 MOVED: SECONDED: Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Spence -Jones NOES: Commissioner(s) Sarnoff and Suarez RE.3 RESOLUTION 13-00780 A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A City ofMiami Page 15 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 Downtown PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN Development DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("DDA"), Authority FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; DIRECTING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 13-00780 Memo - DDA.pdf 13-00780 Draft Resolution - DDA.pdf 13-00780 Legislation.pdf R-13-0292 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez RE.4 RESOLUTION 13-00648 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 15, 2013, Department of PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-034, FROM KEARNS Capital CONSTRUCTION COMPANY, THE LOWEST RESPONSIVE AND Improvements RESPONSIBLE BIDDER, FOR THE SPOIL ISLAND E RESTORATION AND Program FLOATING DOCK PROJECT, B-30721, IN THE AMOUNT OF $188,040, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $18,804, FORA TOTAL NOT TO EXCEED AWARD VALUE OF $206,844; ALLOCATING FUNDS IN THE AMOUNT OF $206,844, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30721, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00648 Summary Form.pdf 13-00648 Legislation.pdf 13-00648 Exhibit 1.pdf R-13-0295 MOVED: SECONDED: Michelle Spence -Jones 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 City ofMiami Page 16 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 RE.5 RESOLUTION 13-00783 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INVESTIGATE THE LEGAL AND LOGISTICAL ISSUES District 4- INVOLVED IN THE IMPLEMENTATION OF A FICAALTERNATIVE Commissioner PROGRAM FOR ALL TEMPORARY, SEASONAL AND PART-TIME Francis Suarez EMPLOYEES AND TO PREPARE A WRITTEN REPORT TO THE CITY COMMISSION WITHIN SIXTY (60) DAYS. 13-00783 Frequently Asked Questions - FICA Alternative Plan.pdf 13-00783 Memo of The City of Green Bay - FICAAIternative Plan.pdf 13-00783 Legislation.pdf R-13-0303 MOVED: SECONDED: Francis Suarez Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones RE.6 RESOLUTION 13-00325 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 BEASLEY-REED ACQUISITION PARTNERSHIP, FOR USE OF APPROXIMATELY 2.2 ACRES OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS LOCATED IN VIRGINIA KEY, MIAMI-DADE COUNTY, FLORIDA, FORA MONTHLY USE FEE OF $15,953.52, PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 13-00325 Summary Form.pdf 13-00325 Legislation.pdf 13-00325 Exhibit 1.pdf MOVED: Frank Carollo SECONDED: Michelle Spence -Jones Motion that this matter be DEFERRED FAILED by the following vote. AYES: Commissioner(s) Carollo and Spence -Jones NOES: Commissioner(s) Gort and Sarnoff ABSENT: Commissioner(s) Suarez MOVED: SECONDED: Wifredo (Willy) Gort Marc David Sarnoff Motion that this matter be ADOPTED FAILED by the following vote. City ofMiami Page 17 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 RE.7 13-00806 Department of Solid Waste AYES: Commissioner(s) Gort and Sarnoff NOES: Commissioner(s) Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING TWELVE (12) SCHOLARSHIPS TO ATTEND AN EDUCATIONAL INSTITUTION OR TO OBTAIN A COMMERCIAL DRIVERS LICENSE IN AN AMOUNT NOT TO EXCEED $3,000 PER SCHOLARSHIP, FOR THE FOLLOWING ELIGIBLE APPLICANTS: KIM FRASIER, MARCHAE GLENN, DIANAJULES, WENDY KELLY, NICHOLAS MARTIN, RONNIE MCDONALD, ERLAIN PETITFRERE, SCOTTY ROGERS, CAMILO ROJAS, SHERICA SMITH, HENDRICK TOUSSAINTAND TRENARIS TIMMONS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO DISBURSE THE SCHOLARSHIPS, UPON DISCRETION, WITH THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTIONS OR VOCATIONAL PROGRAMS; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO CITY MANAGER OR DESIGNEE AND CITY ATTORNEY; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED, "SOLID WASTE RECYCLING EDUCATIONAL TRUST FUND," ACCOUNT CODE NUMBER 13000.212000.534000.0000.00000. 13-00806 Summary Form.pdf 13-00806 Legislation.pdf R-13-0296 MOVED: SECONDED: Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Gort and Suarez RE.8 RESOLUTION 13-00805 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE EXISTING Department of PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), WITH ERNST Finance & YOUNG LLP, FOR THE PROVISION OF EXTERNAL AUDITING SERVICES, IN AN AMOUNT NOT TO EXCEED $67,000, THEREBY INCREASING THE MAXIMUM ANNUAL COMPENSATION AMOUNT FROM $550,000 TO AN AMOUNT NOT TO EXCEED $617,000, FOR FISCAL YEAR 2012; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-00805 Summary Form.pdf 13-00805 Pre -Service Agreement.pdf 13-00805 Pre-Legislation.pdf 13-00805 Legislation.pdf 13-00805 Exhibit 1.pdf City ofMiami Page 18 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Spence -Jones RE.9 RESOLUTION 13-00833 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Department of TWO (2) CONSTRUCTION ACCESS AGREEMENTS, IN SUBSTANTIALLY Capital THE ATTACHED FORMS, WITH THE MIAMI-DADE COUNTY SCHOOL Improvements BOARD, FOR THE CONSTRUCTION OF THE OVERTOWN GREENWAY Program PROJECT, B-30624; CONVEYING TO THE CITY OF MIAMI ("CITY") A STRIP OF LAND ON THE SOUTHERN PORTION OF BOOKER T. WASHINGTON SENIOR HIGH SCHOOL ("HIGH SCHOOL") FOR RIGHT-OF-WAY PURPOSES AND AN EXISTING PORTION OF THE PARKING LOT OF THE HIGH SCHOOL FOR CONNECTIVITY TO NORTHWEST 7TH AVENUE, MIAMI, FLORIDA; GRANTING THE CITY THE RIGHT TO ACCESS A PORTION OF THE HIGH SCHOOL AND FREDERICK DOUGLASS ELEMENTARY SCHOOL, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, FOR THE PURPOSE OF PERFORMING THE SCOPE OF WORK. 13-00833 Summary Form.pdf 13-00833 Legislation.pdf 13-00833 Exhibit 1.pdf R-13-0297 MOVED: Michelle Spence -Jones SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Gort and Suarez RE.10 RESOLUTION 13-00795 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INSTITUTE ANY AND ALL ACTIONS AUTHORIZED IN LAW OR IN EQUITY, NECESSARY OR PERMITTED, AGAINST THE OWNER(S) OF THE PROPERTY LOCATED AT 299 SOUTHWEST 17TH ROAD, MIAMI, FLORIDA, FOLIO NO. 01-4138-002-0020, TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS, WHETHER FEDERAL, STATE OR LOCAL, REGARDING SIGNAGE. 13-00795 Summary Form.pdf 13-00795 Legislation.pdf MOVED: Wifredo (Willy) Gort City ofMiami Page 19 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 SECONDED: Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Spence -Jones Note for the Record: Item RE.10 was deferred to the September 12, 2013 Commission Meeting. RE.11 RESOLUTION 13-00796 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON CUSTOMARY USE FOR LOCAL ZONING CONTROL FOR MURALS UNDER THE HIGHWAY BEAUTIFICATION ACT, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI, THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY ADMINISTRATION, FOR THE PURPOSE OF ESTABLISHING DISTANCE REQUIREMENTS AND PROVIDING COMPLIANCE PROVISIONS FOR EXISTING NON -CONFORMING MURALS. 13-00796 Summary Form.pdf 13-00796 Legislation.pdf 13-00796 Exhibit 1.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Spence -Jones Note for the Record: Item RE.11 was deferred to the September 12, 2013 Commission Meeting. RE.12 RESOLUTION 13-00797 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCURRENCE LETTER, IN SUBSTANTIALLY THE ATTACHED FORM, REGARDING THE FLORIDA DEPARTMENT OF TRANSPORTATIONS DETERMINATION OF CUSTOMARY LOCAL USE FOR WALL MURALS WITHIN SPECIFIED BOUNDARIES UNDER THE CITY OF MIAMI'S JURISDICTION, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 13-00797 Summary Form.pdf 13-00797 Legislation.pdf 13-00797 Exhibit 1.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo City ofMiami Page 20 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 ABSENT: Commissioner(s) Suarez and Spence -Jones Note for the Record: Item RE.12 was deferred to the September 12, 2013 Commission Meeting. RE.13 RESOLUTION 13-00832 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of COVENANT OF CONSTRUCTION, IN SUBSTANTIALLY THE ATTACHED Capital FORM, WITH MIAMI-DADE COUNTY FOR THE ROCKERMAN CANAL Improvements IMPROVEMENTS PROJECT, B-30680. Program 13-00832 Summary Form.pdf 13-00832 Legislation.pdf 13-00832 Exhibit 1.pdf R-13-0298 MOVED: Michelle Spence -Jones SECONDED: Frank Carollo 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.14 RESOLUTION 13-00837 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING IN ITS ENTIRETY, RESOLUTION NO. 13-0216, ADOPTED JUNE 13, 2013; District2- AUTHORIZING THE PURCHASE AND RESERVATION OF SHELTER BEDS Commissioner Marc FROM THE MIAMI-DADE HOMELESS TRUST, FORA PERIOD OF ONE (1) David Sarnoff YEAR AND FOUR (4) MONTHS, AT AN AMOUNT NOT TO EXCEED $240,297.75; ALLOCATING FUNDS FROM THE PROJECTED FISCAL YEAR 2012-2013 BUDGET SURPLUS, SUBJECT TO SAID RESERVED SHELTER BEDS' EXCLUSIVE DESIGNATION FOR CITY OF MIAMI HOMELESS INDIVIDUALS AND THE AVAILABILITY OF FUNDS; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE HOMELESS TRUST. 13-00837 Pre-Legislation.pdf 13-00837 Legislation.pdf R-13-0299 MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez RE.15 RESOLUTION City ofMiami Page 2] Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 13-00395 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 275283,6, THAT THE PROPOSER CROWN CASTLE USA, INC., IS RESPONSIVE TO THE RFP REQUIREMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A TELECOMMUNICATIONS SITE MANAGER SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SOLE RESPONSIVE AND RESPONSIBLE PROPOSER, CROWN CASTLE USA, INC., TO PROVIDE TELECOMMUNICATIONS SIGNAL BOOSTER MANAGEMENT SERVICES, FORA PERIOD OF FIVE (5) YEARS, WITH OPTIONS TO RENEW FOR FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS. 13-00395 Summary Form.pdf 13-00395 Detail by FEI-EIN Number.pdf 13-00395 Licensee Details.pdf 13-00395 Legislation.pdf 13-00395 Exhibit 1.pdf R-13-0300 MOVED: Michelle Spence -Jones SECONDED: 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.16 RESOLUTION 13-00781 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGERS RECOMMENDATION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE THAT GROVE BAY INVESTMENTS GROUP, LLC, ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 12-13-001, LEASE OF CITY OF MIAMI OWNED WATERFRONT PROPERTY FOR MARINA/RESTAURANT USES LOCATED AT 3385 PAN AMERICAN DRIVE, 3351 AND 3377 CHARTHOUSE DRIVE, MIAMI, FLORIDA 33133; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY, FOR AN INITIAL TERM OF FIFTY (50) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF THE GREATER OF A MINIMUM ANNUAL BASE RENT OF $1.8 MILLION PAYABLE IN TWELVE EQUAL MONTHLY INSTALLMENTS OR PERCENTAGE RENT WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LEASE; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNLESS AND UNTIL THE ELECTORATE HAS CASTA FAVORABLE VOTE APPROVING THE TRANSACTION AS REQUIRED BY CITY CHARTER SECTION 29-B. City ofMiami Page 22 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 13-00781 Summary Form.pdf 13-00781 Memo - Selection Committee Recommendation.pdf 13-00781 Legislation.pdf 13-00781 Exhibit 1.pdf R-13-0304 MOVED: SECONDED: Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones RE.17 RESOLUTION 13-00836 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FORA REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FOR THEIR APPROVAL OR DISAPPROVAL THE FOLLOWING REFERENDUM BALLOT QUESTION, "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 7 ACRES OF WATERFRONT AND SUBMERGED LANDS IN COCONUT GROVE TO GROVE BAY INVESTMENT GROUP, LLC, PROVIDING FOR 1) A MINIMUM OF $1.4 MILLION IN GUARANTEED ANNUAL RENT AND 2) APPROXIMATELY $17.9 MILLION OF PRIVATELY FUNDED IMPROVEMENTS TO REDEVELOP AN EXISTING MARINAAND PUBLIC BAYWALK, CONSTRUCT RESTAURANTS AND, PARTIALLY FUND A PUBLIC PARKING GARAGE, FORA 50 YEAR TERM WITH TWO 15 YEAR RENEWAL OPTIONS?"; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 13-00836 Summary Form.pdf 13-00836 Legislation.pdf 13-00836 Exhibit 1.pdf R-13-0305 MOVED: SECONDED: Francis Suarez Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones City ofMiami Page 23 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 BI.1 13-00537 Office of Management and Budget END OF RESOLUTIONS BUDGET BUDGET DISCUSSION ITEM STATUS (SEC.18-542(B) CITY CODE) I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 13-00537 Summary Form.pdf NO ACTION TAKEN END OF BUDGET DISCUSSION ITEMS DI.1 DISCUSSION ITEM 13-00538 SELECTION COMMITTEE RECOMMENDS TOP FIVE (5) CANDIDATES TO CITY COMMISSION FOR THE RECRUITMENT OF CITY ATTORNEY. City Commission 13-00538 Cover Page.pdf DISCUSSED DI.2 DISCUSSION ITEM 13-00785 DISCUSSION ON THE INDIVIDUALS ARRESTED FOR SHOOTINGS IN THE CITY OF MIAMI. Department of Police 13-00785 Summary Form.pdf NO ACTION TAKEN DI.3 DISCUSSION ITEM 13-00810 Department of Finance DI.4 13-00814 FINANCIAL STATEMENT PRESENTATION BY THE EXTERNAL AUDITORS FOR THE YEAR ENDED SEPTEMBER 30, 2012. 13-00810 Summary Form.pdf DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING THE CITY'S WEBSITE. City ofMiami Page 24 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 District 2- Commissioner Marc David Sarnoff DI.5 13-00819 District 2- Commissioner Marc David Sarnoff DI.6 13-00500 District 2- Commissioner Marc David Sarnoff 13-00814 Email - City's Website.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING MORTGAGE LENDING LITIGATION. 13-00819 Email - Mortgage Lending Litigation.pdf MOVED: Wifredo (Willy) Gort SECONDED: Michelle Spence -Jones Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Spence -Jones DISCUSSION ITEM DISCUSSION REGARDING THE DEPARTMENT OF INFORMATION TECHNOLOGY. 13-00500 Email - Department of Information Technology.pdf NO ACTION TAKEN DI.7 DISCUSSION ITEM 13-00643 Department of Finance DI.8 13-00798 City Manager's Office QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR 2ND QUARTER ENDING MARCH 31, 2013. 13-00643 Summary Form.pdf 13-00643 Memo - Non -Reimbursable Expenses.pdf NO ACTION TAKEN DISCUSSION ITEM ITEM TO BE WITHDRAWN BY THE ADMINISTRATION DISCUSSION REGARDING POTENTIAL AMENDMENTS TO THE CITY OF MIAMI CHARTER. City ofMiami Page 25 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 13-00798 Summary Form.pdf MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) 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 11-01196ap1 ORDINANCE First Reading A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)", ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 & 3840 NORTHEAST MIAMI COURT; 3825, 3852 & 3900 NORTH MIAMI AVENUE; 20, 21, 28, NORTHWEST 39TH STREET; 30 & 50 NORTHEAST 39TH STREET AND 4100 & 4039 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A"; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 86,263 SQUARE FEET (1.98 ACRES) OF LOT AREA SPLIT AMONG 12 ADDITIONAL PARCELS FORA TOTAL COMBINED LOT AREA OF 917,495 SQUARE FEET: (21.06 ACRES) SPLIT AMONG SIXTY THREE (63) PARCELS; B) INCREASING COMMERCIAL SPACE BY APPROXIMATELY 422,971 SQUARE FEET FOR A TOTAL OF 1,374,689 SQUARE FEET; C) INCREASING RESIDENTIAL UNITS BY APPROXIMATELY 489 UNITS FORA TOTAL OF 561 UNITS; D) DECREASING HOTEL KEYS BY ONE (1) FORA TOTAL OF 52 KEYS; E) INCREASING PARKING SPACES BY APPROXIMATELY 1,181 SPACES ABOVE GROUND AND BELOW GRADE FORA TOTAL OF 3,752 SPACES; F) INCREASING OPEN SPACE BY APPROXIMATELY 1,764 SQUARE FEET FOR A TOTAL OF 41,566 SQUARE FEET. FURTHERMORE, AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE SELECTED PROPERTY LOCATED AT APPROXIMATELY 3720 BISCAYNE BOULEVARD WITHIN THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)" FROM "T6-12-0" URBAN CORE ZONE TO "T6-24-0" URBAN CORE ZONE; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE 7.1.2.5.A.28 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING City ofMiami Page 26 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 PZ.2 11-01196da1 EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3815 & 3840 NE Miami Court; 3825, 3852 & 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 & 50 NE 39th Street and 4100 & 4039 NE 1st Avenue; and 3720 Biscayne Boulevard and 299 NE 38th Street [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 and the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: This will allow additional 12 parcels for a total development of approximately 21.06 acres for the "Miami Design District Retail Street SAP". 11-01196ap1 Analysis, Maps, Sch. Brd. Concurrency.pdf 11-01196ap1 Exhibit A- Developer Parties.pdf 11-01196ap1 Exhibit C - Regulating Plan.pdf 11-01196ap1 Exhibit D - Concept Book.pdf 11-01196ap1 Exhibit E - Companion Programming Spreadsheet.pdf 11-01196ap1 Binder Info. Tabs 1-13.pdf 11-01196ap1 Binder Info. Tabs 14-19.pdf MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez 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 "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (MDDRS SAP)" APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 AND 3840 NORTHEAST MIAMI COURT, 3825, 3852 AND 3900 NORTH MIAMI AVENUE, 20, 21, AND 28 NORTHWEST 39TH STREET, 30 AND 50 NORTHEAST 39TH STREET, 4100 AND 4039 NORTHEAST 1ST AVENUE, AND 3720 BISCAYNE BOULEVARD AND 299 NORTHEAST 38TH STREET, MIAMI, FLORIDA, TO THE PREVIOUSLY -APPROVED "MDDRS SAP"; 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 City ofMiami Page 27 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 AUTHORIZED BY THE "MDDRS 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: Approximately 3815 and 3840 NE Miami Court; 3825, 3852 and 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 and 50 NE 39th Street and 4100 and 4039 NE 1st Avenue; and 3720 Biscayne Boulevard and 299 NE 38th Street [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 and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow an additional 12 parcels for a total development of approximately 21.06 acres for the MDDRS SAP. 11-01196da1 CC 07-25-13 FR Fact Sheet.pdf 11-01196da1 CC Legislation (Version 1).pdf 11-01196da1 Exhibit.pdf MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez PZ.3 RESOLUTION 13-00572ec A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE EASEMENTS LOCATED BETWEEN SOUTHWEST 7TH STREET AND SOUTHWEST 8TH STREET AND BETWEEN SOUTHWEST 35TH AVENUE AND SOUTHWEST 36TH AVENUE, MIAMI, FLORIDA. City ofMiami Page 28 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 LOCATION: Approximately between SW 7th Street and SW 8th Street and between SW 35th Avenue and SW 36th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S) Iris Escarra, Esquire, on behalf of Cova Inc. and Cova RE Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT & STREET COMMITTEE: Recommends approval on February 7, 2013 by a vote of 5-0. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on June 5, 2013 by a vote of 8-0. PURPOSE: This will allow easement closures at Versailles Restaurant. 13-00572ec CC 07-25-13 Fact Sheet.pdf 13-00572ec Department Analyses, Maps & PZAB Reso.pdf 13-00572ec Application & Supporting Documents.pdf 13-00572ec CC Legislation (Version 2).pdf 13-00572ec Exhibit A. pdf R-13-0301 MOVED: Francis Suarez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones ABSENT: Commissioner(s) Carollo PZ.4 RESOLUTION 13-00573sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET LOCATED BETWEEN NORTHWEST 36TH COURT AND NORTHWEST 37TH AVENUE AND BETWEEN NORTHWEST 4TH STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA. City ofMiami Page 29 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 PZ.5 13-00077zc LOCATION: Approximately between NW 36th Court and NW 37th Avenue and between NW 4th Street and NW 5th Street [Commissioner Francis Suarez - District 4] APPELLANT(S): Ines Marrero-Priegues, Legal Representative, on behalf of West Flagler Associates, LTD. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PUBLIC WORKS DEPARTMENT: Recommends denial. PLAT & STREET COMMITTEE: Recommended denial on October 4, 2012 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on June 19, 2013 by a vote of 8-1. PURPOSE: This will allow the closure of a portion of a public street. 13-00573sc CC 07-25-13 Fact Sheet.pdf 13-00573sc Department Analyses, Maps & PZAB Reso.pdf 13-00573sc Application & Supporting Documents.pdf 13-00573sc CC Legislation (Version 2).pdf 13-00573sc Exhi bit A. pdf MOVED: SECONDED: Wifredo (Willy) Gort Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez 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 "T3-O" SUB -URBAN ZONE TO "T4-R" GENERAL URBAN ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2701, 2721, 2751 SOUTHWEST 28TH AVENUE AND 2740 SOUTHWEST 27TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 30 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 PZ.6 13-00079zc LOCATION: Approximately 2701, 2721, 2751 SW 28th Avenue and 2740 SW 27th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Landaq, Inc and Grove Bluff, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval, as modified, to City Commission on March 20, 2013 by a vote of 8-3 as follows: 1) Change the zoning classification to "T4-R" and 2) Southwest 27th Court will be up to code with proper pavement and sidewalks and proper sidewalks on Southwest 28th Avenue. PURPOSE: This will change the existing zoning classification from "T3-O" to "T4-R". The applicant has proffered a covenant for these properties. 13-00077zc CC 07-25-13 SR Fact Sheet.pdf 13-00077zcAnalysis, Maps, Zoning Referral, Sch. Conc. & PZAB Reso.pdf 13-00077zcApplication & Supporting Documentation.pdf 13-00077zc CC Legislation (Version 3).pdf 13-00077zc Exhi bit A. pdf 13402 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 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 "T6-8-O" URBAN CENTER ZONE TO "T6-12-0" URBAN CORE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 121, 123, 127 AND 139 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 31 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 PZ.7 12-011801u4 LOCATION: Approximately 121, 123, 127 and 139 SW North River Drive [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Iris Escarra, Esquire, on behalf of MV Real Estate Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on March 6, 2013 by a vote of 10-0. PURPOSE: This will change the above properties from "T6-8-O" to "T6-12-0". The applicant has proffered a covenant for these properties. 13-00079zc CC 07-25-13 SR Fact Sheet.pdf 13-00079zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00079zc Covenant.pdf 13-00079zcApplication & Supporting Documentation.pdf 13-00079zc CC FR/SR Legislation (Version 2).pdf 13-00079zc Exhi bit A. pdf 13403 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 Direction by Commissioner Spence -Jones to the Administration for the Planning Department to work with the developer on the design of the wall facing the river to make it more attractive. 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 ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1609, 1624, 1632, AND 1637 NORTHWEST 59TH STREET AND 1630, 1687, 1691, AND 1693 NORTHWEST 58TH TERRACE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL", AND OF REAL PROPERTY LOCATED AT APPROXIMATELY 1620 NORTHWEST 58TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 32 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 PZ.8 12-01180zc4 LOCATION: Approximately 1609, 1624, 1632, and 1637 NW 59th Street; 1630, 1687, 1691, and 1693 NW 58th Terrace; and 1620 NW 58th Street [Commissioner Michelle Spence -Jones - District 5] 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 June 19, 2013 by a vote of 9-0. See companion File ID 12-01180zc4. PURPOSE: This will change the land use designation of certain properties as described above. 12-011801u4 CC 07-25-13 FR Fact Sheet.pdf 12-011801u4 Analysis, Maps, Sch. Brd. Review & PZAB Reso.pdf 12-011801u4 CC Legislation (Version 2).pdf 12-011801u4 ExhibitA.pdf MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez ORDINANCE First Reading 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 -RESTRICTED AND "T3-O" SUB -URBAN -OPEN TO "T4-L" GENERAL URBAN -LIMITED FOR PROPERTIES LOCATED AT APPROXIMATELY 1609, 1624, 1632, AND 1637 NORTHWEST 59 STREET, 1630, 1687, 1691, AND 1693 NORTHWEST 58 TERRACE, AND 1620 NORTHWEST 58 STREET, MIAMI, FLORIDA, AS FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.6.2, 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 7.1.2.8.6.2 SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FORA REZONING PURSUANT TO SECTION 7.1.2.8.G.5; FURTHER DIRECTING THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOTAPPROVED 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 City ofMiami Page 33 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 PZ.9 13-00763zt PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1609, 1624, 1632, and 1637 NW 59th Street, 1630, 1687, 1691, and 1693 NW 58th Terrace and 1620 NW 58th Street [Commissioner Michelle Spence -Jones - District 5] 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 with a modification* to City Commission on June 19, 2013 by a vote of 9-0. See companion File ID 12-011801u4. *See supporting documentation. PURPOSE: This will change the above properties from "T4-R" and "T3-O" to "T4-L". 12-01180zc4 CC 07-25-13 FR Fact Sheet.pdf 12-01180zc4Analysis, Maps & PZAB Reso.pdf 12-01180zc4 CC Legislation (Version 3).pdf 12-01180zc4 ExhibitA.pdf MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES," AND CHAPTER 14, ENTITLED "DOWNTOWN DEVELOPMENT" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY ADDING AND UPDATING LANGUAGE IN CHAPTER 13 AND CHAPTER 14, WHICH LANGUAGE RELATES TO ISSUANCE OF INCREMENT III DEVELOPMENT ORDER AND AMENDMENT TO SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT MASTER DEVELOPMENT ORDER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 34 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 LOCATION: Southeast Overtown Park West Area [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will add and update language in the SEOPW DRI Increment III. 13-00763zt CC 07-25-13 FR Fact Sheet.pdf 13-00763zt CC Legislation (Version 1).pdf MOVED: SECONDED: Michelle Spence -Jones Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Spence -Jones ABSENT: Commissioner(s) Carollo and Suarez PZ.10 RESOLUTION 13-00403 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), GRANTING THE APPEAL FILED BY MICHAEL FAAS, RAFFAOUL AJAMI, WASIM SHOMAR AND SHAD! SHOMAR (APPELLANTS), AND REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH FAILED TO APPROVE THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1501 BRICKELLAVENUE, MIAMI, FLORIDA, AS A HISTORIC SITE DUE TO A FAILURE TO HAVE THE REQUIRED FIVE (5) CONCURRING VOTES FOR DESIGNATIONS, PURSUANT TO SECTION 62-29(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,ENTITLED "PROCEEDINGS". 13-00403 CC 07-25-13 Fact Sheet.pdf 13-00403 Maps, HEPB Reso & HEPB Fact Sheet.pdf 13-00403 HEPB Appeal Letter & Attachment. pdf 13-00403 CC Legislation (Version 3).pdf 13-00403 CC Legislation (Version 4).pdf 13-00403 Exhibit A. pdf 13-00403-Submittal-Petitions to Reject Historic Designation. pdf 13-00403-Submittal-Gilberto Pastoriza.pdf 13-00403-Submittal-Kathleen Kaufman-MDC Historic Preservation Board Resolution No. 2013-( 13-00403-Submittal-Sovraya Faas-Documents in Support of Making St. jude a historic site.pdf 13-00403-Submittal-Veena Panjabi-Letter of Support of Historic Preservation of Saint Jude.pdf R-13-0306 MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 35 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 D2.1 13-00621 D2.2 13-00651 AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00621 Status - Hiring Police Officers.pdf DISCUSSED DISCUSSION ITEM STATUS OF PARKS EMPLOYEES, PARK RANGERS, AND POLICE AT MARGARET PACE PARK. 13-00651 Status - Margaret Pace Park.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO D3.1 DISCUSSION ITEM City ofMiami Page 36 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 13-00751 D3.2 13-00723 D3.3 13-00678 D3.4 13-00719 D3.5 13-00753 D3.6 13-00838 VERIFICATION OF THE ISSUANCE OF THE AUDITED FINANCIAL STATEMENTS ENDING FOR THE YEAR SEPTEMBER 30, 2012. 13-00751 Verification Issuance -Audited Financial Statements FY' 12.pdf NO ACTION TAKEN DISCUSSION ITEM FOLLOW UP ON RECRUITING. 13-00723 Email - Recruitng.pdf NO ACTION TAKEN DISCUSSION ITEM ILLEGAL BILLBOARD. 13-00678 Email - ILLegal Billboard.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING FUTURE AUDIT PREPARATIONS. 13-00719 Update - Future Audit Preparations.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf NO ACTION TAKEN DISCUSSION ITEM BAYFRONT PARK MANAGEMENT TRUST. 13-00838 Email - Bayfront Park Management Trust.pdf NO ACTION TAKEN City ofMiami Page 37 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00665 D4.2 13-00600 UPDATE REGARDING THE COLLECTION OF OUTSTANDING SPECIAL ASSESSMENT LIENS. 13-00665 Update - Special Assessment Liens.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING IMPLEMENTATION OF FICAALTERNATIVE PLAN FOR PART-TIME, SEASONAL, AND TEMPORARY EMPLOYEES. 13-00600 Implementation of FICAAlternative Plan.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-00565 D5.2 13-00777 DISCUSSION REGARDING AWARDING ALL EMPLOYEES A MID -YEAR BONUS. 13-00565 Email -Awarding Employees Mid -Year Bonus.pdf NO ACTION TAKEN DISCUSSION ITEM PRESENTATION BY THE LIBERTY CITY TRUST ON ACCOMPLISHMENTS IN 2012-2013 AND GOALS FOR 2013-2014. 13-00777 Presentation Liberty Trust -Accomplishments FY' 12-13.pdf NO ACTION TAKEN D5.3 DISCUSSION ITEM City ofMiami Page 38 Printed on 7/31/2013 City Commission Marked Agenda July 25, 2013 13-00782 NA.1 13-00890 ADJOURNMENT DISCUSSION ON THE EMPLOYMENT STATUS OF PART-TIME AND TEMPORARY EMPLOYEES, INCLUDING BUT NOT LIMITED TO HOURS AND WAGES, IN LIGHT OF THE EMPLOYER MANDATE UNDER OBAMA CARE. 13-00782 Employment Status of Part-time & Temps.- Obama Care.pdf NO ACTION TAKEN END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM APPROVAL BY THE MIAMI CITY COMMISSION OF MAYOR REGALADO'S DESIGNATION OF DANIEL J. ALFONSO AS ACTING CITY MANAGER, TO ASSUME THE DUTIES AND AUTHORITY OF THE CITY MANAGER DURING THE TEMPORARY ABSENCE OF CITY MANAGER JOHNNY MARTI NEZ. DISCUSSED A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Spence -Jones absent, approving Mayor Regalado's designation of Daniel J. Alfonso as Acting City Manager, to assume the duties and authority of the City Manager during the temporary absence of City Manager Johnny Martinez. The meeting adjourned at 2:41 a.m. City ofMiami Page 39 Printed on 7/31/2013