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Home My WebLink AboutCC 2009-12-17 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Commissioner District One Francis Suarez, Commissioner District Four Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, December 17, 2009 9:00 AM City Hall Commission Chambers Present: Vice Chairman Carollo, Chair Sarnoff and Commissioner Suarez On the 17th day of December 2009, 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 meeting was called to order by Chair Marc David Sarnoff at 9:05 a.m., recessed at 11:08 a.m., reconvened at 11:25 a.m., recessed at 1:47 p.m., reconvened at 3:36 p.m., recessed at 6:41 p.m., reconvened at 7:08 p.m., and recessed the meeting at 7:39 p.m. to be continued to Tuesday, December, 22, 2009 at 9:00 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk On the 22nd day of December 2009, the City Commission of the City of Miami, Florida, continued its meeting from December 17, 2009 at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Marc David Sarnoff at 9:16 a.m., and adjourned at 10:08 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk APPROVING THE MINUTES OF THE FOLLOWING MEETING: REGULAR COMMISSION MEETING OF OCTOBER 8, 2009 MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion to APPROVED PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez END OF APPROVING MINUTES RESOLUTIONS City oflliam/ Page 1 Printed on 12.29;2009 City Commission Marked Agenda December 17, 2009 SP.1 09-01420 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF MILADY IRRIZARRY, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,000, 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, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND 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. 05002.301001.515000.0000.00000. 09-01420 Legislation.pdf 09-01420 Cover Memo.pdf 09-01420 Cover Memo 2.pdf R-09-0587 MOVED: Marc David Sarnoff SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez SP.2 09-01431 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE ALL NECESSARY AND APPROPRIATE ACTIONS IN ORDER (1) TO REQUEST THE ESCROWED FUNDS TO BE PAID PROMPTLY TO THE CITY OF MIAMI ("CITY") UNDER THE ESCROW AGREEMENT, DATED SEPTEMBER 27, 2005 ("ESCROW AGREEMENT) WITH FLAGSTONE ISLAND GARDENS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS SUCCESSOR BY MERGER TO FLAGSTONE PROPERTIES LLC, AS DEVELOPER (COLLECTIVELY, "FLAGSTONE") AND SHUTTS & BOWEN, LLP ("ESCROW AGENT"), (2) TO TERMINATE THE AGREEMENT TO ENTER INTO GROUND LEASE, DATED JANUARY 1, 2003, INCLUDING ALL EXHIBITS AND AGREEMENTS ATTACHED THERETO, AS SUBSEQUENTLY AMENDED (COLLECTIVELY, THE "AGREEMENT TO ENTER") WITH FLAGSTONE FOR THE MEGA YACHT MARINA AND MIXED USE WATERFRONT DEVELOPMENT PROJECT ON WATSON ISLAND (THE "PROJECT"), (3) TO TERMINATE AS NECESSARY ALL EASEMENTS GRANTED TO FLAGSTONE AND ALL OTHER AGREEMENTS WITH FLAGSTONE, (4) TO RETURN TO AND OBTAIN FOR THE CITY, ALL RIGHTS IN THE PROJECT, THE PROPERTY, THE ESCROWED FUNDS, AND THE RELATED PERMITS, GOVERNMENTAL APPROVALS, DOCUMENTS, INSTRUMENTS AND AGREEMENTS, AND (5) TO PROTECT THE CITY'S INTERESTS AND RIGHTS IN THE City ofMiami Page 2 Printed on 12/23/2009 City Commission Marked Agenda December 17, 2009 PROPERTY AND THE PROJECT. 09-01431 Legislation.pdf 09-01431 Summary Form.pdf TABLED MOVED: Marc David Sarnoff SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez Direction by Mayor Regalado to the Administration to provide an update for the City Commission on the situation with Flagstone during the January 14, 2010 Miami City Commission Meeting. Direction by Chair Sarnoff to the City Attorney to provide documents associated with the City of Miami's interest in the Flagstone property. END OF RESOLUTIONS City ofMiami Page 3 Printed on 12/23/2009 City Commission Marked Agenda December 17, 2009 ORDINANCE -SECOND READING SP.3 09-01136 ORDINANCE Second Reading City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE INCREASE OF VARIOUS FEES THROUGHOUT THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01136 Summary Form FR/SR.pdf 09-01136 Legislation FR/SR.pdf MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez END OF SECOND READING ORDINANCE City ofMiami Page 4 Printed on 12/23/2009 City Commission Marked Agenda December 17, 2009 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 09-01056 DISCUSSION ITEM PARKING SPACE REQUIREMENTS: DISCUSSION ABOUT PARKING SPACE REQUIREMENTS FOR MULTI -FAMILY BUILDINGS, FOR OFFICE BUILDINGS, FOR AFFORDABLE HOUSING PROJECTS, FOR BUILDINGS WITH RETAIL TENANTS AND FOR MIXED USE BUILDINGS. GIVEN THE FISCAL CRISIS THAT AFFECTS THE CITY, STATE AND NATIONAL GOVERNMENTS AND THE NECESSITY TO REDUCE FUNDING FOR PUBLIC TRANSPORTATION HOW HAS THE CITY OF MIAMI RESPONDED TO THE NEW REALITIES? DISCUSSION ABOUT THE PLANNING DEPARTMENT REVIEWING REQUIRED PARKING SPACES PER UNIT AND/OR PARKING SPACES PER SQUARE FOOT. DISCUSSION ABOUT REQUIRING MORE PARKING SPACES ON -SITE THAN CURRENTLY MANDATED. 09-01056 E-mail.pdf DISCUSSED END OF DISTRICT 2 City ofMiami Page 5 Printed on 12/23/2009 City Commission Marked Agenda December 17, 2009 PART B: PLANNING AND ZONING ITEMS PZ.1 09-01421zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, PASSED ON OCTOBER 22, 2009, ADOPTING A NEW ZONING CODE, TO BE KNOWN AS THE "MIAMI 21 CODE", FOR THE ENTIRE CITY OF MIAMI, FLORIDA, IN ORDER TO EXTEND THE ACTUAL EFFECTIVE DATE OF ORDINANCE NO. 13114 FROM FEBRUARY 19, 2010, TO MAY 20, 2010; AND ALSO TO EXTEND THE REPEAL OF ZONING ORDINANCE NO. 11000, TO MAY 20, 2010; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: N/A. PURPOSE: This will extend the actual effective date of the adoption of the new "Miami 21 Code" and the "Miami 21 Atlas" for the entire City of Miami to May 20, 2010. 09-01421zt CC Legislation (Version 1).pdf 09-01421zt CC FR 12-17-09 Fact Sheet.pdf 09-01421zt.-Submittal-Patrick Range.pdf 09-01421-Submittal-Commissioner Sarnoff.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.2 09-01422zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13115, PASSED ON OCTOBER 22, 2009, WHICH AMENDED ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, IN ORDER TO EXTEND THE ACTUAL EFFECTIVE DATE OF ORDINANCE NO. 13115 FROM FEBRUARY 19, 2010, TO MAY 20, 2010; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 6 Printed on 12/23/2009 City Commission Marked Agenda December 17, 2009 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: N/A. PURPOSE: This will extend the effective date of the Land Use designations within the interpretation of the 2020 Future Land Use Map section of the Future Land Use Element; and extend the effective date of the change to the 2020 Future Land Use Map designations of specific properties in accordance with the Miami 21 Atlas. 09-01422zt CC Legislation (Version 1).pdf 09-01422zt CC FR 12-17-09 Fact Sheet.pdf WITHDRAWN PZ.3 09-01423zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13116, PASSED ON OCTOBER 22, 2009, WHICH AMENDED CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "HISTORIC PRESERVATION", TO REFLECT THE PROVISIONS AND LANGUAGE OF THE MIAMI 21 CODE; IN ORDER TO EXTEND THE ACTUAL EFFECTIVE DATE OF ORDINANCE NO. 13116 FROM FEBRUARY 19, 2010, TO MAY 20, 2010; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: N/A. PURPOSE: This will extend the actual effective date of Ordinance No. 13116 to May 20, 2010. 09-01423zt CC Legislation (Version 1).pdf 09-01423zt CC FR 12-17-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: 11:00 A.M. Commissioner Carollo, Sarnoff and Suarez City ofMiami Page 7 Printed on 12/23/2009 City Commission Marked Agenda December 17, 2009 PZ.4 08-00680Iu ORDINANCE First Reading PZ.5 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA, FROM PARKS AND RECREATION TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1421 NW 61 st Street [Commissioner - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 08-00680zc. PURPOSE: This will change the above property to Medium Density Multifamily Residential. 08-006801u Analysis.pdf 08-006801u Land Use Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-006801u School Board Concurrency.pdf 08-006801u PAB Reso.pdf 08-006801u CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-006801u CC FR 12-17-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez 08-00680zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 12, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM PR PARKS AND RECREATION TO SD-1.1 KINGS HEIGHTS ORCHARD VILLA SPECIAL DISTRICT, FOR THE PROPERTY LOCATED AT City ofMiami Page 8 Printed on 12/23/2009 City Commission Marked Agenda December 17, 2009 APPROXIMATELY 1421 NORTHWEST 61 ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1421 NW 61 st Street [Commissioner - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD (PAB): Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. Also on September 16, 2009, the PAB recommended to the City Commission to consider increasing the size of the existing "Parks and Recreation" zoning in this area and direct the Planning Department to re-examine the existing "R-3" zoning on this block and surrounding blocks, by a vote of 7-0. See companion File ID 08-006801u. PURPOSE: This will change the above property to SD-1.1 King Heights Orchard Villa Special District. The applicant will proffer a covenant for this property. 08-00680zc Analyisis.pdf 08-00680zc Zoning Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-00680zc PAB Resos.pdf 08-00680zc CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-00680zc CC FR 12-17-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez END OF PLANNING AND ZONING ITEMS CONTINUATION OF MEETING TO DECEMBER 22, 2009 AT 9:00 AM A motion was made by Chair Sarnoff, seconded by Vice Chair Suarez, and was passed unanimously, to recess the Regular Commission meeting until December 22, 2009 at 9 a.m. ADJOURNMENT A motion was made by Chair Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, to adjourn the December 22, 2009 Commission Meeting. City ofMiami Page 9 Printed on 12/23/2009