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HomeMy WebLinkAboutCC 2015-09-24 Marked AgendaCity 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, September 24, 2015 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.4 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 DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 2:00 PM. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS City of Miami Page 1 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 24th day of September 2015, 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 9:09 a.m., recessed at 11:58 a.m., reconvened at 3:06 p.m., and adjourned at 9:14 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chamber at 9:45 a.m., Commissioner Carollo entered the Commission chamber at 9:46 a.m., Vice Chair Hardemon entered the Commission chamber at 9:48 a.m. and Commissioner Suarez entered the Commission chamber at 9:52 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 15-01234 PRESENTATION Honoree City of Miami Employees 25, 30, and 35 year service milestone University of Miami School of Architecture Buena Vista Residents Presenter Protocol Item Mayor Regalado Service Award and Commissioners Mayor Regalado Mayor Regalado and Vice Chair Hardemon Recognition Award Certificate of Appreciation 15-01234 Protocol List.pdf 15-01234-Submittal-Dean Rodolphe el -Khoury -University of Miami Proclamation Presentation.pi PRESENTED 1) City Manager Alfonso presented Service Awards to various City of Miami employees for their 25, 30 and 35 years of service milestone, commending them for their dedication and commitment to the City of Miami; furthermore thanking them for their hard work and dedication as City Employees. 2) Mayor Regalado presented a proclamation to Rodolphe el -Khoury, Dean of the School of Architecture at the University of Miami honoring his exemplary work as an educator while keeping the mission to strengthen the foundations of our community; furthermore recognizing the importance of an enlightened sensibility in elevating the quality of life for our residents and maintaining the aesthetic and intellectual well-being of our City. 3) Mayor Regalado presented the residents of Buena Vista with certificates of City of Miami Page 3 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 appreciation, expressing gratitude for their participation in the First Annual Community Pride Day, an event to encourage and promote pride in the Buena Vista West neighborhood. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Planning and Zoning Meeting of July 23, 2015 MOVED: SECONDED: Keon Hardemon Frank Carollo Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez END OF APPROVING MINUTES MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES ORDER OF THE DAY City of Miami Page 4 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-01073 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE ASSIGNMENT OF BID CONTRACT NO. 291252, FROM PRIMARY VENDOR Department of KRESSE & ASSOCIATES, LLC TO DIGITAL DEPO SERVICES, INC., FOR Procurement COURT REPORTING SERVICES. 15-01073 Summary Form.pdf 15-01073 Pre-Legislation.pdf 15-01073 Bill of Sale.pdf 15-01073 Corporate Detail.pdf 15-01073 Legislation.pdf R-15-0400 This Matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 15-01130 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Department of Police ENTITLED: "FISCAL YEAR 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM" ("JAG"), CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $335,313.00, TO PROVIDE FUNDING FOR TECHNOLOGY ACQUISITION AND EQUIPMENT IMPROVEMENT PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. CA.3 15-01184 Office of the City Attorney 15-01130 Summary Form.pdf 15-01130 Legislation.pdf 15-01130 Exhibit - Grant.pdf R-15-0401 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS' FEES AND COSTS FOR THE ENGAGEMENT OF AKERMAN LLP, AS CONFLICT COUNSEL, FOR THE REPRESENTATION OF OFFICER EDWIN GOMEZ IN THE CASE OF TERRY AND TRENT PILLINGER VS. TRAVIS TABBITA, ET. AL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 15-22952-CIV-SCOLA/OTAZO-REY; ALLOCATING FUNDS FROM ACCOUNT NUMBER 05001.301001.545010.0000.00000. 15-01184 Memo - Office of the City Attorney.pdf 15-01184 Legislation.pdf City of Miami Page 5 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 CA.4 15-01161 Office of the City Attorney R-15-0402 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO, AND ON BEHALF OF, ESTIME CARVIL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $33,750.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, 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 EXECUTINGASETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL ASA 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 THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 50001.301001.545010.0000.00000. 15-01161 Memo - Office of the City Attorney.pdf 15-01161 Memo - Budget Sign-Off.pdf 15-01161 Legislation.pdf R-15-0403 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: Frank Carollo Francis Suarez Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA PUBLIC HEARINGS PH.1 RESOLUTION 15-01088 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF NEIGHBORHOOD STABILIZATION PROGRAM 3 Department of PROGRAM INCOME FUNDS IN THE TOTAL AMOUNT OF $2,208,771.00 BY Community and ALLOCATING $220,877.00 TO THE DEPARTMENT OF COMMUNITY & Economic ECONOMIC DEVELOPMENT FOR PROGRAM ADMINISTRATION AND Development $1,987,894.00 FOR ELIGIBLE HOUSING ACTIVITIES CITYWIDE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01088 Summary Form.pdf 15-01088 Notice to the Public.pdf 15-01088 Pre-Legislation.pdf 15-01088 Legislation.pdf City of Miami Page 6 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 R-15-0404 MOVED: Frank Carollo SECONDED: Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Hardemon PH.2 RESOLUTION 15-01087 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Department of DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM INCOME FUNDS IN Community and THE TOTAL AMOUNT OF $1,058,875.00 FROM THE WAGNER SQUARE, Economic LLC SETTLEMENT AGREEMENT; ALLOCATING SAID FUNDS AS Development DESCRIBED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01087 Summary Form.pdf 15-01087 Notice to the Public.pdf 15-01087 Pre-Legislation.pdf 15-01087 Legislation.pdf 15-01087 Attachment A.pdf R-15-0405 MOVED: Francis Suarez SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Hardemon PH.3 RESOLUTION 15-01090 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) 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 OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; ACCEPTING THE EXECUTED SOFTWARE AGREEMENT AND ADDENDUM WITH OPENGOV, INC., THE SOLE SOURCE PROVIDER OF A PROPRIETARY WEB -BASED PLATFORM THAT OFFERS FINANCIAL TRANSPARENCY TO LOCAL AND STATE GOVERNMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, WITH City of Miami Page 7 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 PH.4 15-01052 Department of Police RENEWALS BEING SUBJECT TO CITY COMMISSION APPROVAL, AS STATED HEREIN. 15-01090 Summary Form.pdf 15-01090 Notice to the Public.pdf 15-01090 Legislation.pdf 15-01090 Exhibit.pdf R-15-0406 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE RETROACTIVE PAYMENT OF AN AMOUNT NOT GREATER THAN $13,582.00 TO MICROCEPTION, INC., A SOLE SOURCE PROVIDER, FOR THE PURCHASE AND INSTALLATION OFASEPARATE, STAND-ALONE VIDEOVERSIGHT INTERVIEW ROOM RECORDING AND CASE MANAGEMENT SYSTEM FOR THE CITY OF MIAMI POLICE DEPARTMENT; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NUMBER 1019, PROJECT NUMBER 19-690002, ACCOUNT CODE NUMBER 12500.191602.664000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE'S "GUIDE TO EQUITABLE SHARING FOR STATE AND LOCAL LAW ENFORCEMENT AGENCIES." 15-01052 Summary Form.pdf 15-01052 Notice to the Public.pdf 15-01052 Memo - City Manager's Approval.pdf 15-01052 Back -Up - Invoice.pdf 15-01052 Back -Up - Affidavit.pdf 15-01052 Pre-Legislation.pdf 15-01052 Legislation.pdf R-15-0407 MOVED: SECONDED: UNANIMOUS Keon Hardemon Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 8 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 SR.1 15-01010 Department of Finance SR.2 15-01080 Office of the City Clerk SR.3 15-00997 END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN CITY/OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST, TO INCLUDE CHANGES AS REQUIRED BY THE INTERNAL REVENUE SERVICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01010 Summary Form SR.pdf 15-01010 Legislation FR/SR.pdf 13551 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO SECTION 100.3605, FLORIDA STATUTES, FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015; DESIGNATING CERTAIN SITES AND A SCHEDULE FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01080 Memo - Office of the City Clerk SR.pdf 15-01080 Legislation FR/SR.pdf 13552 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS City of Miami Page 9 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 District 2- ENTIRETY CHAPTER 62/ARTICLE XIII/DIVISION 7 OF THE CODE OF THE Commissioner Marc CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND David Sarnoff ZONING/ ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/OMNI MEDIA TOWER REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00997 Legislation FR/SR.pdf 13553 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon SR.4 ORDINANCE Second Reading 15-00806 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 21 OF THE CODE OF THE CITY OF Department of MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, Planning and Zoning COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD," MORE PARTICULARLY BY AMENDING POWERS AND DUTIES OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD AND CREATING A NEW SECTION ENTITLED "WYNWOOD DESIGN REVIEW COMMITTEE"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00806 Summary Form SR.pdf 15-00806 Back -Up from Law Dept FR/SR.pdf 15-00806 Legislation FR/SR.pdf 15-00806-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf 13554 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon SR.5 ORDINANCE Second Reading 15-00807 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, Department of FLORI DA, AS AM ENDED, ENTITLED 'BUILDING/SECURITY SCREENS Planning and Zoning AND SHUTTERS," MORE PARTICULARLY BY ESTABLISHING CRITERIA APPLICABLE WITHIN THE WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 10 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 15-00807 Summary Form SR.pdf 15-00807 Legislation FR/SR.pdf 15-00807-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf 13555 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon SR.6 ORDINANCE Second Reading 15-00805 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND Planning and Zoning TRAFFIC/COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED "THE WYNWOOD PARKING IMPROVEMENT TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00805 Summary Form SR.pdf 15-00805 Legislation SR (v2).pdf 15-00805-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf 13556 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon SR.7 ORDINANCE Second Reading 15-00809 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING PUBLIC Planning and Zoning BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED "WYNWOOD PUBLIC BENEFITS TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00809 Summary Form SR.pdf 15-00809 Legislation SR (v2).pdf 15-00809-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf MOVED: Keon Hardemon SECONDED: UNANIMOUS Francis Suarez City of Miami Page 11 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 SR.8 Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item SR.7 was continued to the October 22, 2015, Planning and Zoning Commission Meeting. ORDINANCE Second Reading 15-00876 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, District 4- FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, Commissioner COMMITTEES, COMMISSIONS," MORE PARTICULARLY BY Francis Suarez ESTABLISHING THE CITY OF MIAMI BEAUTIFICATION COMMITTEE TO SERVE IN AN ADVISORY CAPACITY TO THE CITY OF MIAMI RELATING TO BEAUTIFICATION AND LANDSCAPING PROJECTS CITYWIDE, INCLUDING, BUT NOT LIMITED TO TREE PLANTINGS, MEDIAN MAINTENANCE, TRAFFIC CIRCLE MAINTENANCE, AND OTHER SIMILAR PROJECTS; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. FR.1 15-01238 City Manager's Office 15-00876 Legislation SR (v2).pdf 13557 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF SECOND READING ORDINANCES FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTION 40-191 ENTITLED "DEFINITIONS", TO AMEND THE DEFINITION OF POLICE OFFICER AND SECTION 40-203 ENTITLED "BENEFITS" TO CLARIFY CHANGES TO THE BENEFICIARIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01238 Summary Form FR.pdf 15-01238 Legislation FR.pdf City of Miami Page 12 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 MOVED: SECONDED: UNANIMOUS Frank Carollo Keon Hardemon Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 15-00755 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION AND INSTALLATION OF District5- TEN (10) SCULPTURES FROM NINATORRES, AT AN ESTIMATED FAIR Commissioner Keon MARKET VALUE OF $1,000,000.00, TO BE INSTALLED ALONG THE MIAMI Hardemon RIVER AND THE PUBLIC MIAMI RIVER GREENWAY/RIVERWALK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THE ACCEPTANCE OF SAID DONATION. RE.2 15-01093 Department of Real Estate and Asset Management 15-00755 Legislation.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item RE.1 was deferred to the October 8, 2015, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTIONS 18-90 AND 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE PROCUREMENT/LEASE OF A MARINE FORKLIFT TRUCK FROM THE MANUFACTURER, WIGGINS LIFT TRUCK COMPANY, INC./TAYLOR LEASING CORPORATION, D/B/A TAYLOR LEASING & RENTAL, FOR AN INITIAL CONTRACT PERIOD OF TWELVE (12) MONTHS AT $5,819.00 PER MONTH FORA TOTAL AMOUNT NOT TO EXCEED $69,828.00, WITH AN OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS AT $5,819.00 PER MONTH FOR A TOTAL AMOUNT NOT TO EXCEED $349,140.00, AND AN OPTION TO PURCHASE UNDER THE FULL PAYOUT FINANCE OPTION, FOR A TOTAL AMOUNT NOT TO EXCEED $349,140.00, FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE City of Miami Page 13 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 15-01093 Summary Form.pdf 15-01093 Legislation.pdf 15-01093 Exhibit - Manager's Approval Memo.pdf 15-01093 Exhibit - Lease Agreement.pdf R-15-0411 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 Direction by the City Commission to the City Manager to place this item on a City Commission agenda one (1) year from now so that the City Commission can review the lease agreement for further consideration before exercising the option to renew. RE.3 RESOLUTION 15-01121 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY CLERK'S CERTIFICATION OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT'S ("WYNWOOD BID") PETITION PROCESS FOR THE EXPANSION OF THE WYNWOOD BID BOUNDARIES. 15-01121 Memo - Office of the City Clerk.pdf 15-01121 Legislation.pdf 15-01121 Exhibit - Cert & Declaration of Results.pdf R-15-0412 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.4 RESOLUTION 15-01127 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING SELECTION OF SANTANDER BANK, N.A. Department of TO PROVIDE CAPITAL FOR LEASE PURCHASE OF POLICE AND FLEET Finance VEHICLES AND TO PAY FINANCING COSTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AGREEMENTS AND DOCUMENTS REQUIRED BY THE LEASE AGREEMENT PROVIDED THE TERMS ARE CONSISTENT, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE LEASE PURCHASE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED. City of Miami Page 14 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 15-01127 Back -Up - RFP Summary.pdf 15-01127 Back -Up - RFP Memo.pdf 15-01127 Back -Up - RFP Response.pdf 15-01127 Legislation.pdf 15-01127 Exhibit-Agreement.pdf R-15-0410 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RE.5 RESOLUTION 15-01198 Office of Management and Budget RE.6 15-01152 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO GIVE ALL PERMANENT FULL-TIME NON -BARGAINING CITY OF MIAMI EMPLOYEES, WHO ARE ACTIVE AS OF SEPTEMBER 30, 2015, A ONE-TIME, NON -RECURRING, 2.5 PERCENT PAY SUPPLEMENT BASED ON THE EMPLOYEES BASE SALARY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015. 15-01198 Summary Form.pdf 15-01198 Legislation.pdf R-15-0408 MOVED: Frank Carollo SECONDED: Keon Hardemon Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Hardemon ABSENT: Commissioner(s) Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN RECOVERY FEES, IN ATOTALAMOUNT NOT TO EXCEED $375,875.00; ALLOCATING SAID FUNDS FROM FUND 10400, PROJECT NO. 35-127002, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, FOR THE COMPLETION OF DEVELOPMENT AND PREPARATION OF THE INCREMENT III PROGRAM, AS APPROVED BY THE CITY MANAGER. 15-01152 Summary Form.pdf 15-01152 Pre-Legislation.pdf 15-01152 DDA Resolution.pdf 15-01152 DDA PSA.pdf 15-01152 Legislation.pdf R-15-0417 City of Miami Page 15 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff RE.7 RESOLUTION 15-01173 Department of Finance RE.8 15-01180 District 1 - Commissioner Wifredo (Willy) Gort A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACKNOWLEDGE (A) A CLOSING AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE ("IRS") AND THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST ("FIPO TRUST") ON FINAL DETERMINATION COVERING SPECIFIC MATTERS AND AN OPERATIONAL COMPLIANCE STATEMENT AGREEMENT (COLLECTIVELY, "CLOSING AND OPERATIONAL COMPLIANCE AGREEMENTS"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND (B) PAYMENT BY THE FIPO TRUST FROM ITS FISCAL YEAR 2015-2016 BUDGET TO THE UNITED STATES TREASURY IN CONJUNCTION WITH THE EXECUTION OF SAID CLOSING AND OPERATIONAL COMPLIANCE AGREEMENTS, IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) IN COMPLIANCE WITH THE PROVISIONS OF THE WORKER, RETIREE, AND EMPLOYER RECOVERY ACT OF 2008 AND THE HEROES EARNINGS ASSISTANCE AND RELIEF TAX ACT OF 2009. 15-01173 Summary Form.pdf 15-01173 Back -Up - Draft Agreement.pdf 15-01173 Legislation.pdf R-15-0413 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO AMEND STATE STATUTES TO DIFFERENTIATE BETWEEN ASSISTED LIVING FACILITIES AND COMMUNITY RESIDENTIAL HOMES THAT SERVE SENIOR CITIZENS AND THOSE FACILITIES THAT SHOULD HAVE MORE RESOURCES AND PERSONNEL THAT SERVE INDIVIDUALS WITH MENTAL HEALTH ISSUES, THE DEVELOPMENTALLY DISABLED AND ANY OTHER VULNERABLE INDIVIDUALS REQUIRING MORE SPECIALIZED CARE AND REQUIRING STRICTER LICENSING FOR THE LATTER; FURTHER URGING THE FLORIDA LEGISLATURE TO REQUIRE THAT IF A FACILITY WISHES TO CHANGE FROM SERVING SENIOR CITIZENS TO SERVING THOSE ABOVEMENTIONED VULNERABLE INDIVIDUALS THAT IT MUST City of Miami Page 16 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 RE.9 15-01153 District 2- Commissioner Marc David Sarnoff RE.10 15-01223 Department of Real Estate and Asset Management BE DEMONSTRATED THAT THE FACILITY HAS THE PERSONNEL, EXPERTISE, AND RESOURCES TO DO SO; FURTHER URGING THE FLORIDA LEGISLATURE TO COMMISSION A STUDY TO DETERMINE WHAT PERSONNEL, EXPERTISE, AND RESOURCES SAID FACILITIES SHOULD BE REQUIRED TO HAVE IN ORDER TO SERVE SAID VULNERABLE INDIVIDUALS; DIRECTING THE CITY CLERK TO TRANSMITACOPY OF THIS RESOLUTION TO THE INDIVIDUALS AS STATED HEREIN. 15-01180 Legislation.pdf 15-01180-Submittal-Commissioner Gort-Map of Licensed Assisted Living Facilities Aid Group He R-15-0414 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CAMILLUS HOUSE, INC., TO ESTABLISH THE CITY OF MIAMI ("CITY") SHELTER PROGRAM, INCLUDING THE PROVISION OF SEVENTY-FIVE (75) BEDS IN CAMILLUS HOUSE, FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT, FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS, AND AT A TOTAL COST OF $700,000.00, WITH CONDITIONS AS STATED HEREIN, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS. 15-01153 Legislation.pdf 15-01153 Exhibit -Agreement.pdf R-15-0418 MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE CONTINUED USE OF THE NORTH DISTRICT POLICE STATION, City of Miami Page 17 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 LOCATED AT 1000 NORTHWEST 62ND STREET, MIAMI, FLORIDA 33127 (FOLIO #: 01-3114-012-0880). 15-01223 Summary Form.pdf 15-01223 Legislation.pdf 15-01223 Exhibit - Agreement.pdf R-15-0419 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.11 RESOLUTION 15-01158 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DT MIAMI, LLC FOR ALL ABOARD FLORIDA RAILROAD TERMINAL ENCROACHMENTS OVER AND ACROSS THE CITY OF MIAMI RIGHT-OF-WAYS KNOWN AS NORTHWEST 5TH STREET AND NORTHWEST 6TH STREET BETWEEN NORTHWEST 1ST AVENUE AND THE METRORAIL CORRIDOR, MIAMI, FLORIDA, IN CONNECTION WITH DEVELOPMENT IN THE DOWNTOWN INTERMODAL CORRIDOR SUBZONE PURSUANT TO SECTION 33C-9 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; WAIVING CERTAIN USER FEES REQUIRED BY SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE RAILROAD SYSTEM COMPONENTS OF THE ENCROACHMENTS OVER THE PUBLIC RIGHT OF WAY; FURTHER, AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENT, AS STATED HEREIN. 15-01158 Summary Form.pdf 15-01158 Legislation.pdf 15-01158 Exhibit -Aerial Easement SUB.pdf R-15-0420 MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Hardemon RE.12 RESOLUTION 15-01185 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE City of Miami Page 18 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 District 4- CITY MANAGER TO NEGOTIATE A GRANT OR PURCHASE AND SALE Commissioner AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY COMPANY Francis Suarez FOR THE ACQUISITION OF THAT PORTION OF THE FORMER RAILROAD RIGHT OF WAY BETWEEN WEST FLAGLER STREET AND SOUTHWEST 8TH STREET LYING BETWEEN SOUTHWEST 69TH AVENUE AND SOUTHWEST 70TH AVENUE, MIAMI, FLORIDA, AT AN INITIAL CONTRIBUTION AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) TO ASSIST IN THE CREATION OF THE PROPOSED LUDLAM TRAIL; FURTHER DIRECTING THE CITY MANAGER TO PRESENT A STATUS REPORT OF THE SAME, OR AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS APPLICABLE, TO THE CITY COMMISSION WITHIN NINETY (90) DAYS OF THIS RESOLUTION. 15-01185 Legislation.pdf R-15-0421 MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Hardemon RE.13 RESOLUTION 15-01218 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS AND ADDING APPROPRIATIONS TO THOSE LISTED IN FISCAL YEAR 2014-2015 MULTI -YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 14-0322, ADOPTED SEPTEMBER 9, 2015, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 14-0383, ADOPTED SEPTEMBER 29, 2014, RESOLUTION NO. 14-0445, ADOPTED NOVEMBER 20, 2014, RESOLUTION NO. 15-0012, ADOPTED JANUARY 8, 2015, RESOLUTION NO. 15-0048, ADOPTED FEBRUARY 12, 2015, RESOLUTION NO. 15-0169, ADOPTED APRIL 9, 2015 AND RESOLUTION NO. 15-0213, ADOPTED MAY 14, 2015, RESOLUTION NO. 15-0278, ADOPTED JUNE 25, 2015, AND RESOLUTION NO. 15-0327, ADOPTED JULY 23, 2015, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. 15-01218 Summary Form.pdf 15-01218 Legislation.pdf 15-01218 ExhibitA.pdf R-15-0424 MOVED: SECONDED: Frank Carollo Francis Suarez City of Miami Page 19 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 DI.1 15-00726 City Commission Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Suarez ABSENT: Commissioner(s) Sarnoff and Hardemon END OF RESOLUTIONS DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. NO ACTION TAKEN DI.2 DISCUSSION ITEM 15-01005 Department of Finance DI.3 15-01091 Department of Information Technology QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR THE QUARTER ENDING JUNE 30, 2015. 15-01005 Summary Form.pdf 15-01005 Memo - Unreimbursed Grant Expenditures.pdf 15-01005 Back -Up from Law Dept.pdf NO ACTION TAKEN DISCUSSION ITEM PRESENTATION BY MINDS AND MACHINES REGARDING LAUNCH OF DOT MIAMI. 15-01091 Summary Form.pdf DISCUSSED DI.4 DISCUSSION ITEM 15-01162 District 3- Commissioner Frank Carollo DISCUSSION REGARDING A TRANSPORTATION IMPACT FEE BENEFIT DISTRICT WHICH BOUNDARY IS IDENTICAL TO THE BOUNDARY OF THE CITY. 15-01162 E-Mail -Discussion Item.pdf DISCUSSED END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS City of Miami Page 20 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 The following item(s) shall not be considered before 2:00 PM. PZ.1 RESOLUTION 15-00904ec A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USEAPLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE, AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST43RD STREET, MIAMI, FLORIDA. LOCATION: Approximately between NE 2nd Avenue and NE 4th Avenue and between NE 42nd Street and NE 43rd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Javier Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. PLAT & STREET COMMITTEE: Recommended approval on November 6, 2014, by a vote of 5 - O. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 30, 2015, by a vote of 7-0. PURPOSE: This will close, vacate, abandon, and discontinue for use the platted utility easement. 15-00904ec Fact Sheet.pdf 15-00904ec Analysis, Maps PZAB Reso.pdf 15-00904ec Application & Supporting Docs.pdf 15-00904ec Legislation (v2).pdf 15-00904ec Exhibit.pdf R-15-0423 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon PZ.2 RESOLUTION 15-01028ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING ELIMINATING PUBLIC ACCESS TO A PORTION OF BAYWALK WITHIN THE MIAMI BAY CLUB PROJECT TO BE LOCATED AT APPROXIMATELY 601 NORTHEAST 39 STREET, MIAMI, FLORIDA. City of Miami Page 21 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 PZ.3 15-00678Iu LOCATION: 601 NE 39 Street, Miami, Florida [Commissioner Marc D. Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Miami Bay Trust, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow the elimination of public access to a portion of baywalk within the Miami Bay Club project. 15-01028ww Fact Sheet.pdf 15-01028ww Analysis.pdf 15-01028ww Application & Supporting Docs.pdf 15-01028ww Legislation (v1).pdf 15-01028ww Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.2 was deferred to the October 8, 2015, Regular Commission Meeting. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN INTERSTATE 95 ON THE WEST, NORTHWEST 29TH STREET ON THE NORTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 29TH STREET ON THE NORTH, NORTHWEST 20TH STREET ON THE SOUTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 20TH STREET ON THE SOUTH, AND THE FEC CORRIDOR ON THE EAST, MIAMI FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"; FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL", "RESTRICTED COMMERCIAL", "INDUSTRIAL", AND "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; AND FROM "INDUSTRIAL" TO "LIGHT INDUSTRIAL", AS DEPICTED IN EXHIBIT "A", HEREBY ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 22 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 PZ.4 15-00678zt2 LOCATION: Wynwood NRD-1 Area; Generally bounded by 1-95 on the west, North West 29th Street on the north including parcels fronting North West 29th Street on the north between 1-95 and North West 5th Avenue and between North West 2nd Avenue and North Miami Avenue, North West 20th Street on the south including parcels fronting North West 20th Street on the south between North West 1st Place and North Miami Avenue, and the FEC Corridor on the east. [Commissioner Keon Hardemon - District 5] and [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00678zt2. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 17, 2015, by a vote of 9-0. PURPOSE: This will amend selected properties of the 2020 Future Land Use Map designations of the City's Comprehensive Plan from "Medium Density Restricted Commercial" to "Medium Density Multifamily Residential"; from "Medium Density Restricted Commercial", "Restricted Commercial", "Industrial", and "Light Industrial" to "General Commercial"; and from "Industrial" to "Light Industrial". 15-006781u SR Fact Sheet.pdf 15-00678Iu Analysis, Maps, Supporting Docs & PZAB Reso.pdf 15-006781u Legislation (v2).pdf 15-006781u Exhibit A.pdf 15-006781u-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf 13560 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, NAMED THE MIAMI 21 CODE ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "D2" INDUSTRIAL ZONE TO "D1" WORK PLACE; FROM "D2" INDUSTRIAL ZONE TO "T5-O" URBAN CENTER ZONE OPEN; FROM "D1" WORK PLACE TO "T5-O" URBAN CENTER ZONE OPEN; FROM "T5-O" URBAN CENTER ZONE OPEN TO "T6-8-O" URBAN CORE ZONE OPEN; FROM "D1" WORK PLACE TO "T6-8-O" URBAN CORE ZONE OPEN; FROM "T4-L" GENERAL URBAN ZONE LIMITED TO "T5-O" URBAN CENTER ZONE OPEN; FROM "T4-L" City of Miami Page 23 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 GENERAL URBAN ZONE LIMITED TO "Cl" CIVIC INSTITUTION ZONE; FROM "T5-L" URBAN CENTER ZONE LIMITED TO "T5-O" URBAN CENTER ZONE OPEN; FROM "T5-L" URBAN CENTER ZONE LIMITED TO "T6-8-O" URBAN CORE ZONE OPEN, FOR CERTAIN PARCELS OF APPROXIMATELY 204.87 ACRES, FOR THE CREATION OF THE WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT ("NRD-1"), BOUNDED APPROXIMATELY BY INTERSTATE 95 ON THE WEST, NORTHWEST 29TH STREET ON THE NORTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 29TH STREET ON THE NORTH, NORTHWEST 20TH STREET ON THE SOUTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 20TH STREET ON THE SOUTH, AND THE FLORIDA EAST COAST RAILWAY CORRIDOR ON THE EAST, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT"A", ATTACHED AND INCORPORATED, WITH NRD-1 MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS, AS DESCRIBED IN EXHIBIT"B", ATTACHED AND INCORPORATED; FURTHER AMENDING THE MIAMI 21 CODE BY ADDING "APPENDIX J: WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT (NRD-1)", CONTAINING THE REGULATIONS SET FORTH THEREIN, ATTACHED AND INCORPORATED; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Wynwood NRD-1 Area; Generally bounded by 1-95 on the west, NW 29th Street on the north including parcels fronting NW 29th Street on the north between 1-95 and NW 5th Avenue and between NW 2nd Avenue and N Miami Avenue, NW 20th Street on the south including parcels fronting NW 20th Street on the south between NW 1st Place and N Miami Avenue, and the FEC Corridor on the east. [Commissioner Keon Hardemon - District 5] and [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-006781u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with modifications, on June 17, 2015, by a vote of 9-0. PURPOSE: This will allow the Wynwood District to be transitioned from an industrial district into a diverse, mixed -use, residential neighborhood. 15-00678zt2 SR Fact Sheet.pdf 15-00678zt2Analysis, Maps & PZAB Reso.pdf 15-00678zt2 Legislation (v3).pdf 15-00678zt2 Exhibit A.pdf 15-00678zt2 Exhibit B.pdf 15-00678zt2-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf 13561 City of Miami Page 24 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 PZ.5 15-00678zt PZ.6 15-00678zt1 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY 1)AMENDINGARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS", TO ADD AND MODIFY TERMS; AND 2) AMENDING ARTICLE 3, SECTION 3.3.6, ENTITLED "ESTABLISHED SETBACK AREAS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 17, 2015, by a vote of 9-0. PURPOSE: This ordinance will 1) amend Article 1, Section 1.2 Entitled, "Definition of Terms", to add and modify terms; and 2) amend Article 3, Section 3.3.6 entitled, "Established Setback Areas" of the Zoning Ordinance. 15-00678zt SR Fact Sheet.pdf 15-00678zt PZAB Reso.pdf 15-00678zt Legislation (v2).pdf 15-00678zt-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf 13562 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, ADDING SECTION 3.12.3, ENTITLED "NEIGHBORHOOD REVITALIZATION DISTRICTS (NRD)"; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN City of Miami Page 25 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 PZ.7 14-00054zc EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 17, 2015, by a vote of 9-0. PURPOSE: This will amend Article 3, adding Section 3.12.3, entitled "Neighborhood Revitalization Districts (NRD)", to the Zoning Ordinance. 15-00678zt1 SR Fact Sheet.pdf 15-00678zt1 PZAB Reso.pdf 15-00678zt1 Legislation (v2).pdf 15-00678zt1-Submittal-Cecilia Stewart -Resolution of the Overtown Advisory Board.pdf 13563 MOVED: SECONDED: UNANIMOUS Keon Hardemon Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" URBAN CORE ZONE -OPEN TO "T6-36A-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 26 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 PZ.8 15-00057Iu LOCATION: Approximately 1410, 1420, 1424, and 1432 NE Miami Place; 1415, 1421, 1425, 1433, and 1445 NE Miami Court; and 47, 55, and 67 NE 14th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of 14th Plaza Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed, by a vote of 3-5, on March 5, 2014; therefore, constituting a recommendation of denial. PURPOSE: This will change the above properties from "T6-24-0" to "T6-36A-O". Item does not include a covenant. 14-00054zc FR Fact Sheet.pdf 14-00054zc Analysis, Maps & PZAB Reso.pdf 14-00054zc Application & Supporting Documents.pdf 14-00054zc Legislation (v3).pdf 14-00054zc Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.7 was deferred to the December 10, 2015, Planning and Zoning Commission Meeting. 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 PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA LEGALLY DESCRIBED IN EXHIBIT "A", HEREBY ATTACHED, 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 of Miami Page 27 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 PZ.9 15-00057zc LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00057zc. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed, by a vote of 4-5, on May 20, 2015; therefore, constituting a recommendation of denial. PURPOSE: This will change the land use designation for the above property from "Duplex Residential" to "Low Density Restricted Commercial". 15-000571u FR Fact Sheet.pdf 15-000571u Analysis, Maps & PZAB Reso.pdf 15-000571u Application & Supporting Docs.pdf 15-000571u Legislation (v2).pdf 15-000571u Exhibit.pdf 15-000571u-Submittal-Luis Herrera -Petition of Opposition.pdf 15-000571u-Submittal-Alexander Tachmes-Letters of Support.pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 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 T3-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-L "GENERAL URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBITA", HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 28 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-000571u. PLANNING, ZONING AND APPEALS BOARD: Two individual motions to recommend approval failed on May 20, 2015, by two separate votes of 4-5; therefore, constituting a recommendation of denial. PURPOSE: This will allow a change in the zoning classification for the above property from T3-O to T4-L. 15-00057zc FR Fact Sheet.pdf 15-00057zc Analysis, Maps & PZAB.pdf 15-00057zc Application & Supporting Docs.pdf 15-00057zc Legislation (v2).pdf 15-00057zc Exhibit.pdf 15-00057zc-Submittal-Luis Herrera -Petition of Opposition.pdf 15-00057zc-Submittal-Alexander Tachmes-Letters of Support.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon PZ.10 ORDINANCE First Reading 15-00061 Iu 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, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 29 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 PZ.11 15-00061zc LOCATION: Approximately 3101, 3111, 3125, 3131, AND 3145 W Flagler Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID: 15-00061zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 15, 2015, by a vote of 7-0. PURPOSE: This will change the land use designation for the above properties from "Medium Density Restricted Commercial" to "Restricted Commercial". 15-000611u FR Fact Sheet.pdf 15-000611u Analysis, Maps & PZAB Reso.pdf 15-000611u Application & Supporting Docs.pdf 15-000611u Legislation (v2).pdf 15-000611u Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.10 was deferred to the November 19, 2015, Planning and Zoning Commission Meeting. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE PROPOSED AMENDMENT OF THE ZONING CLASSIFICATION FROM T5-L "URBAN CENTER TRANSECT ZONE LIMITED" TO T6-8-L "URBAN CORE TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 30 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 LOCATION: Approximately 3101,3111,3125,3131,3145 W Flagler Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. Item includes a covenant. See companion File ID 15-000611u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 15, 2015, by a vote of 7-0. PURPOSE: This will allow a zoning designation change for the above properties from T5-L to T6-8-L. 15-00061zc FR Fact Sheet.pdf 15-00061zcAnalysis, Maps & PZAB Reso.pdf 15-00061 zc Application & Supporting Docs.pdf 15-00061zc Legislation (v2).pdf 15-00061zc Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PZ.11 was deferred to the November 19, 2015, Planning and Zoning Commission Meeting. PZ.12 ORDINANCE Second Reading 14-01304zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO CLARIFY LANGUAGE ON TIME EXTENSIONS OF NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 24, 2015, by a vote of 8-0. PURPOSE: This will amend Article 7, Section 7.2.6 "Nonconforming Uses" of the Miami 21 Code to emphasize the intent of the Code by introducing language to clarify that the time extension on nonconforming uses is measured from the time that the Use became nonconforming. City of Miami Page 31 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 14-01304zt1 SR Fact Sheet.pdf 14-01304zt1 PZAB Reso.pdf 14-01304zt1 Legislation (v2).pdf 13566 MOVED: SECONDED: Keon Hardemon Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Hardemon ABSENT: Commissioner(s) Carollo PZ.13 ORDINANCE First Reading 14-01 076zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ARTICLE 1 "DEFINITIONS" AND ARTICLE 4 , TABLE 4, DENSITY, INTENSITY AND PARKING, "STANDARDS & TABLES", OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, KNOWN AS THE MIAMI 21 CODE, TO UPDATE THE DEFINITION FOR TRANSIT CORRIDOR AND TO MODIFY STANDARDS FOR PARKING REDUCTIONS APPLICABLE IN TRANSIT ORIENTED DEVELOPMENT, TRANSIT CORRIDOR AREAS AND STRUCTURES OF 10,000 SQUARE FEET OR LESS AS HEREIN DESCRIBED, RESPECTIVELY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications on July 30, 2015, by a vote of 6-1. PURPOSE: This will modify the definition of "Transit Corridor" to better reflect services provided by Miami -Dade County Transit and the City of Miami Trolley; and revise the standards for parking reductions within Transit Oriented Development (TOD) and Transit Corridor areas as well as add parking reductions for any new structure with a floor area of 10,000 square feet or less, while continuing to protect residential neighborhoods. 14-01076zt1 FR Fact Sheet.pdf 14-01076zt1 PZAB Reso & Supporting Docs.pdf 14-01076zt1 Legislation (v2).pdf 14-01076zt1 ExhibitA.pdf 14-01076zt1 Exhibit B.pdf 14-01076zt1-Submittal-Planning and Zoning Department -Letters of Support.pdf 14-01076zt1-Submittal-Andrew Frey -Articles Reinventing Parking.pdf MOVED: SECONDED: Francis Suarez Keon Hardemon City of Miami Page 32 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Hardemon PZ.14 RESOLUTION 15-00405wta A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REVERSING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION REGARDING WARRANT APPLICATION NO. 2014-0059, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MARCH 13, 2015 TO ALLOW A PUBLIC STORAGE FACILITY ON THE PROPERTY LOCATED AT APPROXIMATELY 5609 NORTHEAST 2 AVENUE, MIAMI, FLORIDA. LOCATION: Approximately 5609 NE 2nd Avenue [Commissioner Keon Hardemon - District 5] WARRANT APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Banner Storage Properties APPELLANT(S) TO PLANNING, ZONING AND APPEALS BOARD: Sandra Simioni and Joseph Pierre, abutting property owners APPELLANT(S) TO CITY COMMISSION: Ines Marrero-Priegues, Esquire, on behalf of Banner Storage Group, LLC. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval, with conditions, of Warrant No. 2014-0059 issued on March 13, 2015. PLANNING, ZONING AND APPEALS BOARD: Granted the appeal and denied Warrant No. 2014-0059 on June 3, 2015, by a vote of 7-4. PURPOSE: The appeal seeks to reverse the decision of the Planning, Zoning and Appeals Board. 15-00405wta Fact Sheet.pdf 15-00405wta Appeal Letter to City Commission.pdf 15-00405wta Analysis, Maps & PZAB Reso.pdf 15-00405wta Appeal Letter to PZAB.pdf 15-00405wta Application & Supporting Docs.pdf 15-00405wta Legislation (v2).pdf 15-00405wta Legislation (v3).pdf 15-00405wta Exhibit.pdf 15-00405wta-Submittal-Ines Prieguez-Banner Storage Presentation.pdf 15-00405wta-Submittal-Chris Zangrilli-Letter to Planning and Zoning Director.pdf 15-00405wta-Submittal-Chris Zangrilli-Emails to Planing and Zoning Director and Department.pi 15-00405wta-Submittal-Chris Zangrilli-City of Miami Legislation_Ordinance.pdf 15-00405wta-Submittal-Chris Zangrilli-Article 4, Table 2.pdf R-15-0425 MOVED: Keon Hardemon City of Miami Page 33 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 D3.1 15-00912 SECONDED: 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 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 DISCUSSION ITEM CITY BEAUTIFICATION. 15-00912 E-Mail - Discussion Item.pdf DEFERRED Note for the Record: Item D3.1 was deferred to the October 8, 2015, Regular Commission Meeting. D3.2 DISCUSSION ITEM 15-00913 ALLOWING RESIDENTS TO PAY THE CITY WITH CREDIT CARDS. 15-00913 E-Mail - Discussion Item.pdf City of Miami Page 34 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 NON AGENDA ITEM(S) NA.1 15-01261 District 1 - Commissioner Wifredo (Willy) Gort DEFERRED Note for the Record: Item D3.2 was deferred to the October 8, 2015, Regular Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, ALLOCATING GRANT FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 00001.98000.882000.0000.00000, IN A TOTAL AMOUNT NOT TO EXCEED $203,094.00, FOR AN EDUCATION SCHOLARSHIP ASSISTANCE PROGRAM OPERATED BY THE MIAMI BAYSIDE FOUNDATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 15-01261-Submittal-Kathleen Murphy -Miami Bayside Foundation Sholarship Program.pdf R-15-0426 MOVED: SECONDED: UNANIMOUS Keon Hardemon Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon NA.2 RESOLUTION 15-01262 Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A FIREWORKS DISPLAY WAIVER PURSUANT TO CHAPTER 19-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MANUFACTURE, SALE, TIME OF DISPLAY AND DISCHARGE OF FIREWORKS", FOR THE SPANISH BROADCASTING SYSTEM'S GRAND SLAM PARTY LATINO TO BE HELD AT MARLINS PARK BEGINNING AT 7:00 P.M. ON DECEMBER 5, 2015, AND ENDING AT 1:00 A.M. ON City of Miami Page 35 Printed on 10,2/2015 City Commission Marked Agenda September 24, 2015 DECEMBER 6, 2015. R-15-0427 MOVED: Frank Carollo SECONDED: UNANIMOUS Keon Hardemon Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon NA.3 RESOLUTION 15-01274 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING NYKEAH COHEN AND SAMANTHA PRESTON AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST. R-15-0409 MOVED: Keon Hardemon SECONDED: 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 NA.4 DISCUSSION ITEM 15-01276 ADJOURNMENT PURSUANT TO THE PROVISIONS OF SECTION 286.011(8) FLORIDA STATUTES, AN ATTORNEY CLIENT SESSION, CLOSED TO THE PUBLIC, WAS REQUESTED AND SCHEDULED FOR OCTOBER 8, 2015, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF: VILLAGE OF KEY BISCAYNE VS. CITY OF MIAMI, CASE NO. 15-02997 CA 09 PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT. DISCUSSED The meeting adjourned at 9:14 p.m. City of Miami Page 36 Printed on 10,2/2015