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HomeMy WebLinkAboutCC 2014-10-23 Marked Agendaf v r • r City of Miami Marked Agenda City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, October 23, 2014 9:00 AM City Hall Commission Chambers CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCE RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BU - 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. Items may be heard in the numbered sequence or as announced by the Commission MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS City of Miami Page 1 Printed on 10,28/2014 City Commission Marked Agenda October 23, 2014 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 10/28/2014 City Commission Marked Agenda October 23, 2014 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 23rd day of October 2014, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Gort at 9:02 a.m., recessed at 12:27 p.m., reconvened at 3:23 p.m., and adjourned at 5:02 p.m. Note for the Record: Vice Chair Hardemon entered the Commission chambers at 9:04 a.m., Commissioner Sarnoff entered the Commission chambers at 9:06 a.m., Commissioner Suarez entered the Commission chambers at 9:15 a.m., and Commissioner Carollo entered the Commission chambers at 9:32 a.m. PRESENTATIONS AND PROCLAMATIONS 14-01086 PRESENTATION Honoree Presenter Protocol Item Keep the City of Miami Mayor and Proclamation Clean Day Commissioners Cyber Security Mayor and Proclamation Awareness Month Commissioners Henry Torre Mayor Certificate of Appreciation World Stroke Day Mayor Proclamation PRESENTED 1. Mayor Regalado and the Miami City Commission presented a Proclamation proclaiming the 28th of October 2014 as Keep Miami Clean Day; whereas Keep Miami Clean Day is a new annual campaign to call attention to to the need of maintaining the beauty and character of our City through clean-up efforts; furthermore encouraging businesses and residents to participate in a community effort to Keep Miami Clean in order to create a more presentable appearance of our city to our community, visitors and tourists. 2. Chair Gort and Mayor Regalado presented a Proclamation proclaiming the month of October 2014 as Cyber Security Awareness Month; recognizing that the City of Miami has a vital role in identifying, protecting, and responding to cyber threats that may have significant impact to our individuals and collective security and privacy. 3. Mayor Regalado and the Miami City Commission presented a Certificate of Appreciation to Henry Torre, former Director of the Department of Real Estate and Asset Management; further recognizing his service and dedication to the City of Miami and applauded his outstanding skills and knowledge in bringing to fruition many important projects that benefited the citizens of the City of Miami. 4. Mayor Regalado and the Miami City Commission presented a Proclamation proclaiming Wednesday, October 29th, 2014 as World Stroke Day; paying tribute to the American Stroke Association's Together to End Stroke campaign which helps people recognize the warning signs to having a stroke. City of Miami Page 3 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Meeting of September 11, 2014 MOVED: Marc David Sarnoff SECONDED: Keon Hardemon Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Second Budget Hearing of September 23, 2014 MAYORAL VETOES MOVED: SECONDED: Marc David Sarnoff Keon Hardemon Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez END OF APPROVING MINUTES (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.) NO MAYORAL VETOES ORDER OF THE DAY City ofMiami Page 4 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 14-00958 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING A REQUEST TO SATISFYA MORTGAGE IN THE AMOUNT OF THREE Department of HUNDRED THOUSAND DOLLARS ($300,000.00) IN COMMUNITY Community and DEVELOPMENT BLOCK GRANT FUNDS, TO LITTLE HAVANAACTIVITIES Economic AND NUTRITION CENTER OF DADE COUNTY, INC.; AUTHORIZING THE Development CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR: COMMISSIONER FRANCIS SUAREZ 14-00958 Summary Form.pdf 14-00958 Notice to the Public.pdf 14-00958 Pre-Legislation.pdf 14-00958 Legislation.pdf R-14-0416 MOVED: SECONDED: UNANIMOUS Frank Carollo Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 6:00 P.M. PH.2 RESOLUTION 14-01018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING THE PROPERTIES LOCATED AT 3900 Department of THOMAS AVENUE, AND 4000 GRAND AVENUE, AS BROWNFIELD SITES Capital Improvement WITHIN THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF Programs/Transport ENVIRONMENTAL REHABILITATION AND PURSUANT TO FLORIDA ation STATUTES SECTION 376.80, ET. SEQ., WITH OTHER CONDITIONS AS STATED HEREIN. 14-01018 Summary Form.pdf 14-01018 Notice to the Public.pdf 14-01018 Memo - Designation Findings.pdf 14-01018 Legislation.pdf 14-01018 Exhibit 1.pdf 14-01018 Exhibit 2.pdf 14-01018 Exhibit 3.pdf 14-01018 Exhibit 4.pdf MOVED: Keon Hardemon SECONDED: Marc David Sarnoff City of Miami Page 5 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 SR.1 14-00383 City Manager's Office Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY BY AMENDING THE MURAL REGULATIONS BY INCORPORATING THE TERMS OF THE AGREEMENT FOR CUSTOMARY LAND USE FOR MURALS, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO INCLUDE PROCEDURES TO ENSURE EFFECTIVE CONTROL OF THE MURAL PROGRAM IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00383 Summary Form SR.pdf 14-00383 Pre -Legislation FR/SR.pdf 14-00383 Legislation SR.pdf 14-00383 Exhibit A SR.pdf 14-00383 Exhibit B SR.pdf 13486 MOVED: Marc David Sarnoff SECONDED: Keon Hardemon Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez SR.2 ORDINANCE Second Reading 14-00804 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of Real DEVELOPMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF Estate and Asset MIAMI ("CITY") AND 3170 HOLDINGS, LLC, A FOR PROFIT Management CORPORATION ("DEVELOPER"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PRIVATELY -OWNED PROPERTY LOCATED AT 3170 SOUTHWEST 22 STREET, MIAMI, FLORIDA, AGREEING TO RENEW AND EXTEND THE PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT ("MUSP") FOR "THE BLUE ON CORAL WAY" ("PROJECT") UNDER THE "PILOT PROGRAM FOR DISTRESSED DEVELOPMENT SITES," AND THE DEVELOPER HAS AGREED TO DEVELOP AND LEASE TO THE CITY APPROXIMATELY 11,000 SQUARE FEET WITHIN THE PROJECT FOR THE PURPOSE OF ERECTING A FIRE STATION, FORA TERM OF ONE HUNDRED (100) YEARS WITH TWO (2) NINETY NINE (99) YEAR City ofMiami Page 6 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 EXTENSIONS ATA COST OF $10.00 PER YEAR, A ONE TIME CONTRIBUTION BY THE CITY TO THE DEVELOPER OF $1,000,000.00, AND THE WAIVING OF CERTAIN IMPACT FEES FOR THE PROJECT; WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE ATTACHMENT(S); FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT, AS NEEDED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY. 14-00804 Summary Form SR.pdf 14-00804 MSNA Board Reso FR/SR.pdf 14-00804 Legislation FR/SR.pdf 14-00804 Exhibit - Agreement FR/SR.pdf 13488 MOVED: Marc David Sarnoff SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez SR.3 ORDINANCE Second Reading 14-00989 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Department of Real FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND Estate and Asset RECREATION/USE REGULATIONS", MORE PARTICULARLY BY Management AMENDING SECTION 38-69 OF THE CITY CODE, ENTITLED "ALCOHOLIC BEVERAGES; INTOXICATED PERSONS" TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN RESTAURANT FACILITIES LOCATED IN CITY OF MIAMI PEACOCK PARK PROPERTY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00989 Summary Form SR.pdf 14-00989 Legislation FR/SR.pdf 13487 MOVED: Marc David Sarnoff SECONDED: Keon Hardemon Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez END OF SECOND READING ORDINANCES FIRST READING ORDINANCE City of Miami Page 7 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 FR.1 ORDINANCE First Reading 14-01048 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 9 OF THE CODE OF THE CITY OF District3- MIAMI, FLORIDA, AS AMENDED, ENTITLED Commissioner Frank "ADMINISTRATION/DEPARTMENTS/COMMUNITY DEVELOPMENT Carollo DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-413 ENTITLED "FUNCTIONS AND DUTIES OF THE DEPARTMENT' TO PROVIDE THAT NOTICE BE GIVEN TO RESIDENTS OF THE CITY OF MIAMI ("CITY") AND TO CITY ELECTED AND APPOINTED OFFICIALS BY DEVELOPERS RECEIVING AFFORDABLE HOUSING OR WORKFORCE HOUSING INCENTIVES OF THE AVAILABILITY OF AFFORDABLE UNITS IN ORDER TO INFORM ALL OF THE AVAILABILITY OF AFFORDABLE HOUSING; SETTING FORTH CRITERIA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01048 Legislation FR.pdf MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon NOES: Commissioner(s) Sarnoff END OF FIRST READING ORDINANCE RE.1 RESOLUTION 14-00893 Office of the City Attorney RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF ATTORNEYS FEES AND COSTS, IN THE AMOUNT OF $41,012.40, TO CARLOS A. MIGOYA, AS REIMBURSEMENT FOR LEGAL FEES IN THE CASES OF CASTRO, ET. AL. V CITY OF MIAMI, ETAL., CASE NO. 14-007987 CA01 AND RODRIGUEZ, ET. AL V. CITY OF MIAMI, CASE NO. 14-7997 CA 01; ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 14-00893 Memo - Office of the City Attorney. pdf 14-00893 Memo - Budget Sign-Off.pdf 14-00893 Legislation.pdf R-14-0410 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 8 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RE.2 RESOLUTION 14-01001 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF DAPHNE MERRITT, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $90,000.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.524000.0000.00000. 14-01001 Memo - Office of the City Attorney. pdf 14-01001 Memo - Budget Sign-Off.pdf 14-01001 Legislation.pdf R-14-0411 MOVED: Marc David Sarnoff SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez RE.3 RESOLUTION 14-00987 Department of Finance A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ACCORDANCE WITH SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI ("CITY"), AS AMENDED, FOR THE PROCUREMENT OF INVESTMENT ADVISORY AND MANAGEMENT SERVICES FROM PFM ASSET MANAGEMENT LLC, UTILIZING THE COMPETITIVELY SOLICITED AND EXISTING CITY OF PALM BEACH GARDENS, FLORIDA ("PALM BEACH GARDENS") REQUEST FOR PROPOSALS ("RFP") CONTRACT NO. RFP2014-013FN ("CONTRACT") EFFECTIVE MARCH 6, 2014, FOR AN INITIAL FIVE (5) YEAR PERIOD WITH ONE OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEAR PERIOD, AT AN ANNUAL AMOUNT CORRESPONDING WITH THE SIZE OF THE CITY'S PORTFOLIO AND IN ACCORDANCE WITH THE ATTACHED CONTRACT FEE SCHEDULE, SUBJECT TO ANY RENEWALS, EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY PALM BEACH GARDENS, TO BE UTILIZED ON AN AS NEEDED CONTRACTUAL BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 9 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 14-00987 Summary Form.pdf 14-00987 Back -Up - Palm Bch Gardens Agmt. pdf 14-00987 Legislation.pdf 14-00987 Exhibit - Agreement.pdf R-14-0412 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Keon Hardemon Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RE.4 RESOLUTION 14-00968 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS IN THE AMOUNT OF Department of $4,452,661.00, FROM MIAMI-DADE COUNTY, FOR THE CONSTRUCTION Capital Improvement OF THE NE 2ND AVE (NE 42 ST TO NE 51 ST) - SEGMENT B3 PROJECT, Programs/Transport B-78508; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT ation PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00968 Summary Form.pdf 14-00968 Legislation.pdf 14-00968 Exhibit - Agreement.pdf R-14-0413 MOVED: SECONDED: Keon Hardemon Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff RE.5 RESOLUTION 14-00908 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF POVERTY Department of INITIATIVE PROGRAM FUNDS TOTALING $381,000.00, IN THE AMOUNTS, Community and AND TO THE AGENCIES AS SPECIFIED IN EXHIBIT "A," ATTACHED AND Economic INCORPORATED, FOR PUBLIC SERVICE PROGRAM ACTIVITIES FOR Development THE PROGRAM YEAR2014-2015, BEGINNING OCTOBER 1, 2014, FROM ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 14-00908 Summary Form.pdf 14-00908 Pre-Legislation.pdf 14-00908 Legislation.pdf 14-00908 Exhibit A. pdf City of Miami Page 10 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 R-14-0417 MOVED: SECONDED: Keon Hardemon Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Sarnoff and Suarez RE.6 RESOLUTION 14-01033 Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING NORTHEAST 3 STREET FROM NORTHEAST 1 AVENUE TO NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS "BERLIN WALL WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 14-01033 Back -Up - Map.pdf 14-01033 Legislation.pdf R-14-0418 MOVED: Marc David Sarnoff SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez RE.7 RESOLUTION 14-01044 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), NAMING A CLASSROOM AT ESTHER MAE District 2- ARMBRISTER PARK, LOCATED AT 236 GRAND AVENUE, MIAMI, Commissioner Marc FLORIDA, AS THE "CAROLYN EVANS PAYNE MEMORIAL ROOM AT David Sarnoff ESTHER MAE ARMBRISTER PARK", IN HONOR OF THE LATE CAROLYN EVANS PAYNE FOR HER DEDICATION AND ACHIEVEMENTS IN THE FIELD OF EDUCATION, RECREATION, AND SPORTS; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF SAID CLASSROOM AT SAID PARK FACILITY. 14-01044 Legislation.pdf 14-01044 Exhibit.pdf R-14-0419 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Keon Hardemon Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 11 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 RE.8 RESOLUTION 14-01056 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACKNOWLEDGING THE MIAMI-DADE SEA LEVEL RISE District3- TASK FORCE REPORT AND ENDORSING THE FOLLOWING Commissioner Frank RECOMMENDATIONS AS STATED HEREIN; FURTHER MAKING THIS A Carollo STATE LEGISLATIVE PRIORITY FOR THE CITY OF MIAMI DURING THE 2015 LEGISLATIVE SESSION; AND FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. RE.9 14-00608 Department of Real Estate and Asset Management 14-01056 Legislation.pdf 14-01056 Exhibit.pdf R-14-0420 MOVED: SECONDED: Frank Carollo Keon Hardemon Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Sarnoff and Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) ACCEPTING THE CITY MANAGERS RECOMMENDATION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE THAT THE GLASS HOUSE COCONUT GROVE, LLC ("PROPOSER"), IS THE TOP RANKED PROPOSER FOR THE REQUEST FOR PROPOSALS NO. 12-13-067, LEASE OF CITY -OWNED PROPERTY FOR GARDEN STYLE CAFE/ RESTAURANT USES LOCATED AT 2820 MCFARLANE ROAD, MIAMI, FL 33133; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), IN THE SUBSTANTIALLY THE ATTACHED FORM SUBJECT TO THE REVIEW AND APPROVAL OF THE OFFICE OF THE CITY ATTORNEY, FOR AN INITIAL TERM OF TWENTY FIVE (25) YEARS, WITH TWO ADDITIONAL FIVE (5) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM MONTHLY BASE RENT OF $8,333 PLUS PERCENTAGE RENT OF GROSS REVENUES IN THE MINIMUM OF 7.5% OVERA $1,333,333.33 ANNUAL BREAKPOINT WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LEASE. 14-00608 Summary Form.pdf 14-00608 Legislation.pdf 14-00608 Exhibit - Agreement.pdf MOVED: Keon Hardemon SECONDED: Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez City of Miami Page 12 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 RE.10 14-00675 Department of Real Estate andAsset Management Note for the Record: Item RE.9 was continued to the November 20, 2014 Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI BAY TRUST, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE USE OF APPROXIMATELY 13,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3805 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE STORAGE OF CONSTRUCTION MATERIALS, EQUIPMENT AND STAGING OFAMOBILE CRANE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE. 14-00675 Summary Form.pdf 14-00675 Legislation.pdf 14-00675 Exhibit A. pdf 14-00675 Exhibit - Agreement.pdf R-14-0423 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez (RE.10) RESOLUTION 14-00675a A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS IN THE AMOUNT OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM MIAMI BAY TRUST, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AS A PUBLIC BENEFIT, IN CONNECTION WITH A REVOCABLE LICENSE AGREEMENT, PURSUANT TO RESOLUTION NO. 14-0423, ADOPTED OCTOBER 23, 2014, FOR THE TEMPORARY USE AND STORAGE OF EQUIPMENT UPON PALLOT PARK LOCATED AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA ,SUBJECT TO THE PASSAGE OF A RESOLUTION ATA FUTURE DATE, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OFA SOLE SOURCE TO PERMIT MIAMI BAY TRUST, LLC TO CONSTRUCT A SEAWALL AT PALLOT PARK LESS ANY WALKWAY OR FILL NEEDED FOR SAID PROJECT AT COST NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000.00) AND SUBJECT TO THE EXECUTION OF THE ABOVEMENTIONED REVOCABLE LICENSE AGREEMENT. R-14-0421 City of Miami Page 13 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez END OF RESOLUTIONS BC.1 RESOLUTION 14-00870 Office of the City Clerk BOARDS AND COMMITTEES A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS ELECTED MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mae Christian Elected Reginald Munnings Elected Alison Tomlinson Elected Ultrina Harris Elected Derek Cole Elected 14-00870 OAB CCMemo.pdf 14-00870 OAB Current_Board_Members.pdf 14-00870 OAB Nomination Applications for Elected Members.pdf 14-00870 OAB Certification - Election.pdf R-14-0414 MOVED: SECONDED: Keon Hardemon Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Sarnoff and Suarez BC.2 RESOLUTION 14-00871 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 14 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 APPOINTEES: NOMINATED BY: Irby McKnight Mayor Tomas Regalado Val Jean Baptiste Vice Chair Keon Hardemon Willie J. Cook Vice Chair Keon Hardemon Andrea Copeland Vice Chair Keon Hardemon Edduard Prince Vice Chair Keon Hardemon Cecilia Stewart Vice Chair Keon Hardemon Taress Nelson Vice Chair Keon Hardemon (Youth Member) 14-00871 OAB CCMemo -Appointed Members.pdf 14-00871 OAB Current_Board_Members.pdf 14-00871 OAB Qualifying Chart.pdf 14-00871 OAB Applications. pdf R-14-0415 MOVED: Keon Hardemon SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Sarnoff and Suarez END OF BOARDS AND COMMITTEES BUDGET BU.1 BUDGET DISCUSSION ITEM 14-00937 Office of Management and Budget DI.1 14-00914 STATUS (SEC.18-542(B) CITY CODE) I. 2014-2015 BUDGET II. PROPOSED 2015-2016 BUDGET 14-00937 Summary Form.pdf DISCUSSED END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. City of Miami Page 15 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 City Commission DI.2 14-00831 Department of Police DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING OPERATION "SAFE CLUB". 14-00831 Summary Form.pdf MOVED: Keon Hardemon SECONDED: Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item DI.2 was continued to the November 20, 2014 Commission Meeting. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 RESOLUTION 14-00726sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF NORTHWEST 4TH TERRACE LOCATED WITHIN KINLOCH PARK, WEST OF NORTHWEST 45TH AVENUE, MIAMI, FLORIDA. City of Miami Page 16 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 PZ.2 03-0423zc LOCATION: A portion of NW 4th Terrace located within Kinloch Park west of NW 45th Avenue [Commissioner Wifredo "Willy" Gort - District 1] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval subject to the provision of a platted "T" turnaround easement on the park property with dimensions acceptable to the City of Miami Fire -Rescue Department. PLAT & STREET COMMITTEE: Recommended approval on June 5, 2014 by a vote of 6-0 subject to the provision of a platted "T" turnaround easement on the park property with dimensions acceptable to the City of Miami Fire -Rescue Department. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 3, 2014 by a vote of 8-0. PURPOSE: The closure and vacation of a portion of NW 4th Terrace located within Kinloch Park will eliminate several encroachment problems upon the current street cul-de-sac turnaround, including a building, wall and parking stalls, that preclude access and maneuvering of automobiles and trucks. A replacement "T" type turnaround will provide unrestricted access for emergency and service vehicles, patrons of the park and the general public. 14-00726sc Fact Sheet.pdf 14-00726scAnalysis, Maps & PZAB Reso.pdf 14-00726sc Application & Supporting Docs.pdf 14-00726sc Legislation (v2).pdf 14-00726sc Exhibit.pdf R-14-0422 MOVED: Frank Carollo SECONDED: Keon Hardemon Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Sarnoff 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 "T4-R" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3155 SOUTHWEST 22ND TERRACE AND A PORTION OF 3170 & 3180 SOUTHWEST 22ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 17 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 PZ.3 14-00963zc LOCATION: Approximately 3155 SW 22nd Terrace and a portion of 3170 & 3180 Southwest 22nd Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item does not include a covenant. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications on September 22, 2014 by a vote of 6-3. PURPOSE: This will change the above properties from "T4-R" to "T4-L". 03-0423zc SR Fact Sheet.pdf 03-0423zc SR Analysis, Maps & PZAB Reso.pdf 03-0423zc Legislation (v3).pdf 03-0423zc Exhibit.pdf 13489 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T5 - O "URBAN CENTER TRANSECT ZONE -OPEN" TO T6-8-O "URBAN CORE TRANSECT ZONE - OPEN" , FOR THE PROPERTIES LOCATED AT APPROXIMATELY SOUTHWEST 1ST STREET BETWEEN SOUTHWEST 13TH AVENUE AND SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA; AND BY CHANGING THE ZONING CLASSIFICATION FROM T4-L "URBAN GENERAL TRANSECT ZONE - OPEN" TO T5-L "URBAN CENTER TRANSECT ZONE - LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY SOUTHWEST 2ND STREET BETWEEN SOUTHWEST 13TH AVENUE AND SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 18 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 PZ.4 14-0051 5zt LOCATION: Approximately SW 1st Street between SW 13th Avenue and SW 17th Avenue; and SW 2nd Street between SW 13th Avenue and SW 17th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will change the zoning classification from "T5-O" to "T6-8-O" for the properties located at approximately SW 1st Street between SW 13th Avenue and SW 17th Avenue; and from "T4-L" to "T5-L" for the properties located at approximately SW 2nd Street between SW 13th Avenue and SW 17th Avenue. Item does not include a covenant. 14-00963zc FR Fact Sheet.pdf 14-00963zcAnalysis, Maps & Draft PZAB Resolution.pdf 14-00963zc Legislation (v2).pdf 14-00963zc Exhibit.pdf MOVED: Frank Carollo SECONDED: Keon Hardemon Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Sarnoff and Suarez ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY MODIFYING ARTICLE 7, SECTION 7.1.1.4(d)(4), ENTITLED "PLANNING, ZONING, AND APPEALS BOARD", SUBSECTION (D)(4), ENTITLED "PROCEEDINGS OF THE BOARD", TO PROVIDE THAT TO APPROVE CERTAIN ACTIONS, OR TO RECOMMEND APPROVAL OF CERTAIN ACTIONS, AS SPECIFIED BELOW, THE CONCURRING VOTES OF A SUPERMAJORITY OF BOARD MEMBERS, WHICH CONSISTS OF ONE (1) MORE MEMBER THAN A SIMPLE MAJORITY, BE REQUIRED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 19 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 3, 2014 by a vote of 8-0. PURPOSE: This will make Miami 21 consistent with Chapter 62, and provides that to approve, or to recommend approval of certain actions, the concurring votes of a supermajority of board members, which consists of one more member than a simple majority, be required. 14-00515zt FR Fact Sheet.pdf 14-00515zt PZAB Reso.pdf 14-00515zt Legislation (v2) .pdf MOVED: Frank Carollo SECONDED: Keon Hardemon Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Hardemon ABSENT: Commissioner(s) Sarnoff and Suarez END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO City ofMiami Page 20 Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 D3.1 DISCUSSION ITEM 14-00994 DISCUSSION REGARDING RECOMMENDATIONS FOR THE CIVILIAN INVESTIGATIVE PANEL. 14-00994 E-Mail - Discussion Item.pdf CONTINUED Note for the Record: Item D3.1 was continued to the November 20, 2014 Commission Meeting with a time certain designation of 10:30 a.m. D3.2 DISCUSSION ITEM 14-01051 D3.3 14-01052 DISCUSSION REGARDING AN UPDATE ON HIRING A NEW POLICE CHIEF. 14-01051 E-Mail - Discussion Item.pdf DISCUSSED DISCUSSION ITEM DISCUSSION ON IMPROVING THE CAPITAL IMPROVEMENT PROJECT (C.I.P.) PROCESS. 14-01052 E-Mail - Discussion Item.pdf DISCUSSED END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 14-01002 SMALL BUILDING PARKING EXEMPTION. 14-01002 E-Mail - Discussion Item.pdf 14-01002 Draft Legislation.pdf 14-01002 Back -Up Documentation.pdf DISCUSSED A motion was made by Commissioner Suarez and seconded by Commissioner Sarnoff and passed unanimously directing the City Attorney and the Administration to include the following language within the legislation that will be presented to the Planning, Zoning and Appeals Board (PZAB) for their consideration: "Parking ratios may be reduced within half mile of a transit oriented development or within a quarter mile radius of a transit corridor by thirty percent (30%) by process of a waiver or by 100% for any structure that has a floor area of 10,000 square feet or less except when the site is City ofMiami Page 2] Printed on 10/28/2014 City Commission Marked Agenda October 23, 2014 within 500 feet of a T3 Single Family Residential neighborhood". D4.2 DISCUSSION ITEM 14-01024 NA.1 14-01090 CONDITION OF FLAGLER AND EIGHT STREET BUSINESS CORRIDOR. 14-01024 E-Mail - Discussion Item.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM PURSUANT TO THE PROVISIONS OF SECTION 286.011(8) FLORIDA STATUTES, CITY ATTORNEY VICTORIA MENDEZ REQUESTED TO SCHEDULE AN EXECUTIVE SESSION TO BE HELD ON NOVEMBER 20, 2014, AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR THE PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF: SOUTHERN WASTE SYSTEMS, LLC VS. CITY OF MIAMI, CASE NO. 13-00619 CA 02, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. DISCUSSED NA.2 DISCUSSION ITEM 14-01091 ADJOURNMENT DISCUSSION BY CHAIR GORT REGARDING THE STEPS AND ACTIONS TAKEN BY THE ADMINISTRATION TO HELP ALLEVIATE ISSUES ASSOCIATED WITH SQUATTERS IN THE CITY OF MIAMI. DISCUSSED The meeting adjourned at 5:02 p.m. City ofMiami Page 22 Printed on 10/28/2014