Loading...
HomeMy WebLinkAboutCC 2010-01-28 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, 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, January 28, 2010 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 MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA. 6 may be heard in the number sequence or as announced by the Commission SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS 9:00 A.M.-Transfer CDBG Funds -Action Community Center 10:00 A.M.-Collecting Non -Ad Valorem Assessments for BID 2:00 P.M. -Final Assessment-Rockerman Canal SR - SECOND READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS 5:45 P.M. -Special Exceptions -Alcohol Sale 5:45 P.M. -Updating City Charter -Chapter 4 Alcoholic Beverages City ofllfiami Page 1 Printed on 2 3 2010 City Commission Marked Agenda January 28, 2010 PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chair Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 28th day of January 2010, 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 Sarnoff at 9:36 a.m., recessed at 12:15 p.m., reconvened at 12:37 p.m., recessed at 2:14 p.m., reconvened at 3:47 p.m., recessed at 5:58 p.m., reconvened at 6:23 p.m., and adjourned at 9:42 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk PRESENTATIONS AND PROCLAMATIONS 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 APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Meeting of December 17, 2009 Regular Supplemental Agenda Meeting of December 17, 2009 MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion to APPROVE PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II END OF APPROVING MINUTES Order of the Day A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to defer to the Commission meeting currently scheduled for March 11, 2010 discussion concerning the approval of the compensation and emoluments to be received by City of Miami Attorney Julie O. Bru, Esquire and City of Miami City Clerk Priscilla A. Thompson. Note for the Record: For further discussion referencing items SS.2 and SS.3, please refer to said items. City ofMiami Page 3 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 CA.1 10-00005 Department of Hearing Boards CA.2 10-00006 Department of Hearing Boards CA.3 10-00007 Department of Information Technology CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $7,000, FOR SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES; ALLOCATING FUNDS FROM FISCAL YEAR 2009-2010 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 00001.311000.531010.0000.00000. 10-00005 Legislation.pdf 10-00005 Summary Form.pdf R-10-0015 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $23,000, FOR SPECIAL COUNSEL TO THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES; ALLOCATING FUNDS FROM FISCAL YEAR 2009-2010 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 00001.311000.531010.0000.00000. 10-00006 Legislation.pdf 10-00006 Summary Form.pdf R-10-0016 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED NOVEMBER 16, 2009, PURSUANT TO INVITATION FOR BID NO. 178149, FROM R&S INTEGRATED PRODUCTS & SERVICES, INC., FOR THE PROVISION OF LASERFICHE SOFTWARE, HARDWARE, AND SERVICES, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 4 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 10-00007 Legislation.pdf 10-00007 Summary Form.pdf 10-00007 Bid Tabulation.pdf 10-00007 Letter.pdf 10-00007 Addendum 1.pdf 10-00007 IFB.pdf 10-00007 Price Sheet.pdf R-10-0017 This Matter was ADOPTED on the Consent Agenda. CA.4 10-00009 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED DECEMBER 18, 2009, PURSUANT TO INVITATION FOR BID NO. 145119, FROM BLM TECHNOLOGIES OF FLORIDA, LLC., FOR THE PROVISION OF PRINTER AND SCANNER REPAIR SERVICES, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00009 Legislation.pdf 10-00009 Summary Form.pdf 10-00009 Bid Tabulation.pdf 10-00009 Addendum 1.pdf 10-00009 IFQ.pdf 10-00009 IFQ 2.pdf 10-00009 Purchase Orders.pdf 10-00009 Purchase Orders 2.pdf 10-00009 IFB.pdf R-10-0018 This Matter was ADOPTED on the Consent Agenda. CA.5 10-00023 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 9/SOUTHWEST 27TH AVENUE FROM SOUTHWEST 28TH LANE TO SOUTHWEST 8TH STREET, MIAMI, FLORIDA. 10-00023 Legislation.pdf 10-00023 Exhibit.pdf 10-00023 Summary Form.pdf R-10-0022 City ofMiami Page 5 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 MOVED: Francis Suarez SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II CA.6 10-00059 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, FOR GRANT FUNDING, IN AN AMOUNT NOT TO EXCEED $24,000, FOR THE CITY OF MIAMI'S TREE CANOPY PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SUBMISSION OF SAID GRANT APPLICATION. 10-00059 Legislation.pdf 10-00059 Exhibit.pdf 10-00059 Summary Form.pdf R-10-0019 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Frank Carollo SECONDED: Francis Suarez AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II END OF CONSENT AGENDA SPECIALLY SCHEDULED ITEMS SS.1 10-00014 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION HELD ON JANUARY 12, 2010, FOR THE ELECTION OF COMMISSIONER DISTRICT 1 AND COMMISSIONER DISTRICT 5. 10-00014 Memo Certification Of Official Results.pdf 10-00014 SOE Certification of Official Results.pdf 10-00014 Certification And Declaration of OER.pdf 10-00014 Post Election Audit.pdf 10-00014 Legislation.pdf R-10-0023 MOVED: Frank Carollo City ofMiami Page 6 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II SS.2 09-01363 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ELECTING AND REAPPOINTING JULIE O. BRU, ESQUIRE, AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA; APPROVING THE COMPENSATION AND EMOLUMENTS TO BE RECEIVED BY CITY ATTORNEY JULIE O. BRU. 09-01363 Legislation.pdf 09-01363 Exhibit.pdf R-10-0042 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II MOVED: Marc David Sarnoff SECONDED: Francis Suarez Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: NOES: Commissioner Gort, Sarnoff and Suarez Commissioner Carollo and Dunn II MOVED: Marc David Sarnoff SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II SS.3 09-01364 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ELECTING AND REAPPOINTING PRISCILLA A. THOMPSON AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER; APPROVING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY CLERK PRISCILLA A. THOMPSON. City ofMiami Page 7 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 PH.1 09-01445 Department of Parks and Recreation 09-01364 Legislation.pdf 09-01364 Exhibit.pdf R-10-0043 MOVED: Frank Carollo SECONDED: Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: NOES: Commissioner Carollo, Gort, Suarez and Dunn II Commissioner Sarnoff MOVED: Francis Suarez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II MOVED: Marc David Sarnoff SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II END OF SPECIALLY SCHEDULED ITEMS PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(3) (C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION, THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP ("FOCAL"), INC., A FLORIDA NOT -FOR -PROFIT CORPORATION IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER SCHOOL TUTORING, COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR AT RISK YOUTH AT THE CITY'S MOORE PARK; AUTHORIZING THE City ofMiami Page 8 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE THE AFTER -SCHOOL SERVICES, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, WITH THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $115,452; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $115,452, FOR FISCAL YEAR 2009-2010, FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.531000, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 09-01445 Legislation.pdf 09-01445 Exhibit.pdf 09-01445 Summary Form.pdf 09-01445 Memo.pdf 09-01445 Notice Memo.pdf 09-01445 Notice of PH.pdf MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item PH.1 was deferred to the meeting currently scheduled for February 11, 2010. PH.2 09-01330 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION, THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("BTC"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BTC TO CONTINUE THE SPORTS DEVELOPMENT PROGRAM, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, WITH THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $86,675 FOR FISCAL YEAR 2009-2010, FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.531000, City ofMiami Page 9 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 PH.3 09-01352 Department of Information Technology WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 09-01330 Legislation.pdf 09-01330 Exhibit.pdf 09-01330 Summary Form.pdf 09-01330 Memo.pdf 09-01330 Notice Memo.pdf 09-01330 Notice of PH.pdf 09-01330 Sec. 18-86.pdf R-10-0024 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A) (1) AND (3) 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 OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF GEOGRAPHIC INFORMATION SOFTWARE BASED SOFTWARE LICENSES, TRAINING, PROFESSIONAL AND ONLINE SERVICES, MAINTENANCE AND PRODUCT SUPPORT FOR VARIOUS ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ("ESRI") PRODUCTS WHICH INCLUDE, BUT ARE NOT LIMITED TO, ARCGIS DESKTOP, ARCVIEW, ARCEDITOR, ARCINFO, ARCIMS, ARCGIS IMAGE SERVER, ARCGIS SERVER (ADVANCED, STANDARD, BASIC), ARCINFO WORKSTATION, ARCGIS DESKTOP AND SERVER EXTENSIONS (3D ANALYST, GEOSTATISTICAL ANALYST, NETWORK ANALYST, SCHEMATICS, SPATIAL ANALYST, SURVEY ANALYST, TRACKING ANALYST, DATA REVIEWER, DATA INTEROPERABILITY, PUBLISHER), ESRI DEVELOPER NETWORK SUBSCRIPTIONS, GIS PORTAL TOOLKIT, MAP PRODUCTION SYSTEM ATLAS, MAPLEX 3.X, MAPSTUDIO, MILITARY OVERLAY EDITOR, NETENGINE, PRODUCTION LINE TOOLSET ("PLTS") FOR ARCGIS, INCLUDING PLTS FOUNDATION AND PLTS SOLUTION AND CERTAIN PROPRIETARY TRAINING COURSES, FOR A PERIOD OF FIVE (5) YEARS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, FROM ESRI, THE SOLE SOURCE PROVIDER, FOR AN INITIAL FIRST YEAR COST NOT TO EXCEED $87,000; ALLOCATING FUNDS FROM City ofMiami Page 10 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 0001.251000.546000.0.0, WITH FUTURE YEARS FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS FROM THE INFORMATION TECHNOLOGY DEPARTMENT'S OPERATING BUDGET AND STRATEGIC REVENUES, OTHER VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, GRANTS, AND THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM. 09-01352 Legislation.pdf 09-01352 Exhibit.pdf 09-01352 Summary Form.pdf 09-01352 Notice Memo.pdf 09-01352 Notice of PH.pdf 09-01352 Memo 1.pdf 09-01352 Memo 2.pdf 09-01352 Letter.pdf 09-01352 Text File Report.pdf 09-01352 ESRI Info.pdf 09-01352 ESRI Info 2.pdf R-10-0025 MOVED: Francis Suarez SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PH.4 09-01210 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE PROCUREMENT OF SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH GLOBAL SPECTRUM LIMITED PARTNERSHIP FOR THE EXPANDED MANAGEMENT AND OPERATION OF APPROXIMATELY 35,000 ADDITIONAL SQUARE FEET OF MEETING AND CONFERENCE SPACE AT THE MIAMI CONVENTION CENTER/JAMES L. KNIGHT City ofMiami Page 11 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 INTERNATIONAL CENTER LOCATED AT 400 SOUTHEAST 2 AVENUE, MIAMI, FLORIDA; FURTHER APPROPRIATING A TOTAL OF $277,559 FOR THE OPERATIONS AND MAINTENANCE OF SAID AREA, AS CALCULATED ON A SQUARE FOOT BASIS PER THE EXISTING AGREEMENT, EFFECTIVE UPON EXECUTION BY THE CITY MANAGER AND GLOBAL SPECTRUM LIMITED PARTNERSHIP. 09-01210 Legislation 1-28-10.pdf 09-01210 Exhibit 1-28-10.pdf 09-01210 Summary Form 1-28-10.pdf 09-01210 Notice Memo 1-28-10.pdf 09-01210 Notice of PH 1-28-10.pdf 09-01210 Memo 1-28-10.pdf 09-01210 Floor Plans 1-28-10.pdf 09-01210 Memo 2 1-28-10.pdf 09-01210 Agmt 1-28-10.pdf 09-01210 Text File Report 1-28-10.pdf 09-01210 Minutes 1-28-10.pdf R-10-0026 MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PH.5 09-00985 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE DISPOSAL OF WASTE COLLECTION SERVICES AND PROCURING SAID SERVICES AT SUN RECYCLING FOR THE DEPARTMENTS OF SOLID WASTE AND PUBLIC WORKS, RESPECTIVELY; ALLOCATING FROM THE VARIOUS SOURCES OF FUNDS OF THE RESPECTIVE DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. SPONSORS:DEPARTMENT OF SOLID WASTE DEPARTMENT OF PUBLIC WORKS 09-00985 Summary Form.pdf 09-00985 Memo 1.pdf 09-00985 Legislation 1-28-10.pdf 09-00985 Notice Memo 1-28-10.pdf 09-00985 Notice of PH 1-28-10.pdf City ofMiami Page 12 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 R-10-0027 MOVED: Francis Suarez SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PH.6 10-00024 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "LAS BRISAS DE VARADERO", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 10-00024 Legislation.pdf 10-00024 Exhibit.pdf 10-00024 Exhibit 2.pdf 10-00024 Exhibit 3.pdf 10-00024 Exhibit 4.pdf 10-00024 Summary Form.pdf 10-00024 Notice Memo.pdf 10-00024 Notice of PH.pdf 10-00024 Notice Memo 2.pdf 10-00024 Notice of PH 2.pdf R-10-0028 MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PH.7 09-01455 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BRICKELL FLATIRON", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE City ofMiami Page 13 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 PH.8 09-01353 City Manager's Office DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 09-01455 Legislation.pdf 09-01455 Exhibit.pdf 09-01455 Exhibit 2.pdf 09-01455 Exhibit 3.pdf 09-01455 Summary Form.pdf 09-01455 Notice Memo.pdf 09-01455 Notice of PH.pdf 09-01455 Notice Memo 2.pdf 09-01455 Notice of PH 2.pdf R-10-0029 MOVED: Wifredo (Willy) Gort SECONDED: UNANIMOUS Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE PROCUREMENT CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE PROVISION OF CUSTODIAL SERVICES AT MIAMI CITY HALL; APPROVING THE AWARD OF SAID SERVICES TO HOPE CENTER, INC., RETROACTIVELY, FOR A PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2011, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $56,155.32; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, PROPERTY MAINTENANCE, OTHER CONTRACTUAL SERVICES, ACCOUNT CODE NO. 05001.242000.534000.0000.00000. City ofMiami Page 14 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 9:00 A.M. PH.9 09-01447 Department of Community Development 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 09-01353 Legislation.pdf Summary Form.pdf memo.pdf Notice Memo.pdf Notice of PH.pdf Information.pdf Supported Employment.pdf Corporation Papers.pdf Email.pdf Rates. pdf Email 2.pdf Master Report.pdf Award Sheet.pdf Bid Tabulation.pdf Letter. pdf PSA.pdf R-10-0030 MOVED: Richard Dunn II SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II A sign language interpreter translated discussion of Item PH.9. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $60,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PROGRAM INCOME; ALLOCATING SAID FUNDS, TO ACTION COMMUNITY CENTER, INC., AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES TO PROVIDE TRANSPORTATION SERVICES TO LOW TO MODERATE INCOME ELDERLY INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-01447 Exhibit.pdf 09-01447 Exhibit 2.pdf 09-01447 Exhibit 3.pdf 09-01447 Summary Form.pdf 09-01447 Public Notice.pdf 09-01447 Letter.pdf 09-01447 Program Narrative.pdf 09-01447-Submittal-Action Community Center. pdf 09-01447 Legislation 1-28-10.pdf City ofMiami Page 15 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 R-10-0021 MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II 10:00 A.M. PH.10 10-00008 RESOLUTION Coconut Grove A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Business ATTACHMENT(S), FOLLOWING AN ADVERTISED PUBLIC HEARING, Improvement PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, EXPRESSING District (BID) ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD Board VALOREM SPECIAL ASSESSMENTS FOR THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("BID"); PROVIDING FOR THE NEED FOR THE LEVY OF SAID ASSESSMENT; PROVIDING FOR A LEGAL DESCRIPTION OF THE BID AREA THAT IS SUBJECT TO THE ASSESSMENT; PROVIDING FOR A COPY OF THIS RESOLUTION TO BE SENT TO THE PROPERTY APPRAISER FOR MIAMI-DADE COUNTY, THE TAX COLLECTOR FOR MIAMI-DADE COUNTY, AND THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERGOVERNMENTAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE CITY COMMISSION'S INTENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 10-00008 Legislation.pdf 10-00008 Exhibit.pdf 10-00008 Exhibit 2.pdf 10-00008 Exhibit 3.pdf 10-00008 Cover Memo.pdf 10-00008 Cover Memo 2.pdf 10-00008 Notice of PH.pdf R-10-0020 MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II 2:00 P.M. PH.11 09-01120b RESOLUTION City ofMiami Page 16 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 City Manager's Office SR.1 09-01136 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE ROCKERMAN CANAL SPECIAL ASSESSMENT DISTRICT ("ROCKERMAN CANAL SAD"); AND ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE CITY OF MIAMI FOR PURPOSES OF FUNDING THE IMPROVEMENTS BENEFITING THE ROCKERMAN CANAL SAD. 09-01120b Legislation.pdf 09-01120b Exhibit.pdf 09-01120b Exhibit 2.pdf 09-011206-Exhibit 3-SUB.pdf 09-01120b Summary Form.pdf 09-01120b Notice of PH.pdf 09-01120b Proposed Allocations.pdf 09-01120b Affidavit.pdf 09-01120b Requested Assessments.pdf R-10-0034 MOVED: Francis Suarez SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II END OF PUBLIC HEARINGS ORDINANCE -SECOND READING ORDINANCE Second Reading 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: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item SR.1 was deferred to the Commission meeting currently scheduled for February 11, 2010. END OF ORDINANCE - SECOND READING City ofMiami Page 17 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 RE.1 09-01039 RESOLUTION Department of Public Works RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 933/NORTHWEST 12TH AVENUE FROM NORTHWEST 7TH STREET TO NORTHWEST 15TH STREET , MIAMI, FLORIDA, AS STATED HEREIN. 09-01039 Legislation. 11-19-09 pdf 09-01039 Exhibit.pdf 09-01039 Summary Form.pdf R-10-0031 MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II RE.2 09-01450 RESOLUTION Department of Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE ANNUAL RENEWAL OPTIONS SET FORTH IN THE SPECIAL SERVICE ARRANGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND BELLSOUTH TELECOMMUNICATIONS, INC., PURSUANT TO RESOLUTION NO. 04-0694, ADOPTED OCTOBER 28, 2004, FOR THE PURCHASE, INSTALLATION AND MAINTENANCE OF THE POSITRON LIFE LINE 100 ANI/ALI CONTROLLER, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01450 Legislation 1-28-10.pdf 09-01450 Exhibit.pdf 09-01450 Exhibit 2.pdf 09-01450 Exhibit 3.pdf 09-01450 Exhibit 4.pdf 09-01450 Exhibit 5.pdf 09-01450 Summary Form.pdf 09-01450 Text File Report.pdf 09-01450 Broward.pdf R-10-0032 MOVED: Wifredo (Willy) Gort City ofMiami Page 18 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II RE.3 10-00066 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Administration CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $327,775, FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR THE ACQUISITION OF LAND LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA; AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FROM NON -GENERAL FUND MONIES IN AN AMOUNT NOT TO EXCEED $2,260,000 FOR THE PURCHASE OF 1814 BRICKELL AVENUE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 10-00066 Legislation.pdf 10-00066 Summary Form.pdf 10-00066 Land Acquisition.pdf 10-00066 Attachment 4.pdf 10-00066 Grant Application.pdf 10-00066 Pre Legislation.pdf 10-00066 Master Report.pdf R-10-0033 MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II RE.4 10-00051 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Employee Relations CITY MANAGER TO TENDER A SUM, IN THE AMOUNT NOT TO EXCEED $54,188.47, TO THE UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, FOR THE PURPOSE OF PAYING PENALTIES AND INTEREST ASSOCIATED WITH THE CITY OF MIAMI'S FOURTH QUARTER 2008 TAX LIABILITY; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.549000.0000.0000, OR OTHER APPROPRIATE ACCOUNT FOR SAID PURPOSE. 10-00051 Legislation.pdf 10-00051 Summary Form.pdf 10-00051 Notice of Levy.pdf 10-00051 Letter.pdf R-10-0035 City ofMiami Page 19 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 5:45 P.M. DI.1 10-00099 DI.2 10-00100 MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II END OF RESOLUTIONS DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION ABOUT THE CESSATION OF THE SALE OF ALCOHOL AT 3:00 A.M. AND SPECIAL EXCEPTIONS TO ALLOW THE SALE OF ALCOHOL UNTIL 5:00 A.M. SPONSOR:CHAIRMAN SARNOFF 10-00099 Email.pdf 10-00099-Submittal-Commissioner Sarnoff 1.pdf 10-00099-Submittal-Commissioner Sarnoff 2.pdf 10-00099-Submittal-Commissioner Sarnoff 3.pdf 10-00099-Submittal-Martha Lacayo.pdf 10-00099-Submittal-Liliana Dones.pdf 10-00099-Submittal-Mel Meinhardt.pdf DISCUSSED DISCUSSION ITEM DISCUSSION ABOUT UPDATING THE CITY OF MIAMI CHARTER AND CODE, CHAPTER 4 ALCOHOLIC BEVERAGES. SPONSOR:CHAIRMAN SARNOFF 10-00100 Email.pdf 10-00100 Chapter 4 Alcoholic Beverages.pdf NO ACTION TAKEN END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 09-01019xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL City ofMiami Page 20 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 USES OF "PR" PARKS, RECREATION AND OPEN SPACE (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES FOR THE MUSEUM PARK MIAMI (SUCH AS RESTAURANTS, CAFES AND RETAIL), WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. LOCATION: Approximately 1075 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with a condition* to City Commission on October 19, 2009 by a vote of 6-3. *See supporting documentation. PURPOSE: This will allow restaurants, cafes and retail for the proposed Museum Park Miami. 09-01 019xc Analysis.pdf 09-01 019xc Zoning Map.pdf 09-01 019xc Aerial Map.pdf 09-01 019xc Application & Supporting Docs.pdf 09-01 019xc Plans.pdf 09-01019xc ZB Reso.pdf 09-01 019xc CC Legislation (Version 2).pdf 09-01 019xc Exhibit A.pdf 09-01 019xc CC 01-28-10 Fact Sheet.pdf R-10-0036 MOVED: Francis Suarez SECONDED: Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: Commissioner Gort, Sarnoff, Suarez and Dunn II Commissioner Carollo PZ.2 06-00357cm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED APRIL 3, 2007 AND RECORDED IN OFFICIAL RECORDS BOOK 25502, PAGE 1811-1821, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1000, 1012 AND 1022 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, IN ORDER City ofMiami Page 21 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN. LOCATION: Approximately 1000, 1012 & 1022 NW 1st Avenue [Commissioner - District 5] APPLICANT(S): Ryan D. Bailine, Esquire, on behalf of ARK Development/Overtown I, LLC and Royal Palm Miami, Downtown, LLC FINDING(S): PLANNING DEPARTMENT: Approval with conditions*. *See supporting documentation. PURPOSE: This will allow a modification to the existing covenant. 06-00357cm Analysis.pdf 06-00357cm Zoning Map.pdf 06-00357cm Aerial Map.pdf 06-00357cm Letter of Intent.pdf 06-00357cm Class II Special Permit No. 09-0107.pdf 06-00357cm Recorded Declaration of Restrictive Covenants.pdf 06-00357cm Partial Release of Declaration of Restrictive Covenants.pdf 06-00357cm Supporting Documentation.pdf 06-00357cm Plans.pdf 06-00357cm CC Legislation (Version 1).pdf 06-00357cm CC 01-28-10 Fact Sheet.pdf R-10-0039 MOVED: Richard Dunn II SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.3 09-00030ec RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN EASEMENT LOCATED EAST OF NORTHWEST 2ND AVENUE FROM NORTHWEST 3RD STREET TO NORTHWEST 4TH STREET, MIAMI, FLORIDA. City ofMiami Page 22 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately East of NW 2nd Avenue from NW 3rd Street to NW 4th Street [Commissioner - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Miami -Dade County GSA R/E Mgmt-DGC, a Publicly Owned Subdivision of the State of Florida FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval on October 1, 2009 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on December 14, 2009 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a unified development site for the previously -approved Children's Courthouse. 09-00030ec Analysis.pdf 09-00030ec Zoning Map.pdf 09-00030ec Aerial Map.pdf 09-00030ec Public Works Analysis.pdf 09-0030ec Public Works Letter.pdf 09-00030ec Application & Supporting Docs.pdf 09-00030ec Tentative Plat.pdf 09-00030ec Survey.pdf 09-00030ec ZB Reso.pdf 09-00030ec CC Legislation (Version 2).pdf 09-00030ec Exhibit A.pdf 09-00030ec CC 01-28-10 Fact Sheet.pdf R-10-0040 MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.4 08-00400Iu ORDINANCE Second 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 LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND City ofMiami Page 23 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2744 SW 7th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 5-3. See companion File ID 08-00400zc. PURPOSE: This will change the above property to Restricted Commercial. 08-004001u Analysis.pdf 08-004001u Land Use Map.pdf 08-004001u Aerial Map.pdf 08-004001u School Board Impact Analysis.pdf 08-004001u Application & Supporting Documentation.pdf 08-004001u PAB Reso.pdf 08-004001u & 08-00400zc Exhibit A.pdf 08-004001u CC Legislation (Version 4).pdf 08-004001u CC SR 01-28-10 Fact Sheet.pdf WITHDRAWN PZ.5 08-00400zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 24 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately 2744 SW 7th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 9, 2008 by a vote of 5-0. See companion File ID 08-004001u. PURPOSE: This will change the above property to "C-1" Restricted Commercial. The applicant will proffer a covenant for this property. 08-00400zc Zoning Map.pdf 08-00400zc Aerial Map.pdf 08-00400zc Application & Supporting Documentation.pdf 08-00400zc ZB Reso.PDF 08-004001u & 08-00400zc Exhibit A.pdf 08-00400zc Analysis - NEW.pdf 08-00400zc CC Legislation (Version 3).pdf 08-00400zc CC SR 01-28-10 Fact Sheet.pdf 13130 MOVED: Wifredo (Willy) Gort SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.6 07-010241u1 ORDINANCE Second 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 LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 61 NORTHWEST 37TH AVENUE, 3667 NORTHWEST FLAGLER TERRACE, AND 58 NORTHWEST 36TH COURT, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 25 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace, and 58 NW 36th Court, Miami, Florida [Commissioner Francis Suarez - District 4] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Hasred, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval for Lots 9 and 12 and denial for Lots 13 through 16. PLANNING ADVISORY BOARD (PAB): Recommended approval for specifically Lots 9 and 12 on Block 9, "Twelfth Street Manors;" on September 16, 2009 by a vote of 7-0. The PAB also recommended denial (as presented) for specifically Lots 13 through 16 on Block 9, "Twelfth Street Manors;" on September 16, 2009 by a vote of 7-0. The PAB also recommended to the City Commission on September 16, 2009, that if the City Commission is inclined to accept the applicant's voluntary proffer of the plans as presented or any other documentation binding this applicant to the set of plans presented, and approves the Land Use Change to "Restricted Commercial" for Lots 13 through 16 on Block 9, "Twelfth Street Manors," the Board has no objection, by a vote of 7-0. See companion File ID 07-01024zc1. PURPOSE: This will change the above properties to Restricted Commercial. 07-010241u1 Analysis.pdf 07-010241u1 CC Land Use Map.pdf 07-010241u1 Aerial Map.pdf 07-010241u1 School Board Concurrency.pdf 07-010241u1 PAB Resos.pdf 07-010241u1 Application & Supporting Documents.pdf 07-010241u1 CC Legislation (Version 2).pdf 07-010241u1 & 07-01024zc1 Exhibit A.pdf 07-010241u1 CC SR 01-28-10 Fact Sheet.pdf WITHDRAWN PZ.7 07-01024zc1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, 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 "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 61 NORTHWEST 37TH AVENUE, 3667 NORTHWEST FLAGLER TERRACE AND 58 NORTHWEST 36TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 26 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace and 58 NW 36th Court [Commissioner Francis Suarez - District 4] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Hasred, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval for Lots 9 and 12 and denial for Lots 13 through 16. ZONING BOARD: Recommended approval to City Commission on October 19, 2009 by a vote of 6-3; more specifically, Lots 9 through 12, Block 9 and recommended denial of Lots 13 through 16, Block 9. Also recommended to the City Commission to request the city manager and/or Planning Department to conduct a study of the impact of zoning changes in the area of NW 37th Avenue from Flagler Street to the 836 Highway in regards to the economic impact and the preservation of neighborhoods, by a vote of 7-1. See companion File ID 07-010241u1. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. The applicant will proffer a covenant for these properties. 07-01024zc1 Analysis.pdf 07-01024zc1 Zoning Map.pdf 07-01024zc1 Aerial Map.pdf 07-01024zc1 Application & Supporting Docs.pdf 07-01024zc1 Survey.pdf 07-01024zc1 ZB Resos.pdf 07-01024zc1 CC Legislation (Version 2).pdf 07-010241u1 & 07-01024zc1 Exhibit A.pdf 07-01024zc1 CC SR 01-28-10 Fact Sheet.pdf 13131 MOVED: Francis Suarez SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.8 09-010071u ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 6886 NORTHWEST 7TH AVENUE A/K/A 755 NORTHWEST 67TH STREET AND 890 NORTHWEST 69TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH -DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING City ofMiami Page 27 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 FOR AN EFFECTIVE DATE. LOCATION: Approximately 6886 NW 7th Avenue A/K/A 755 NW 67th Street and 890 NW 69th Street [Commissioner - District 5] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of The Village Miami, Ltd FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 7, 2009 by a vote of 7-2. See companion File ID 09-01007zc. PURPOSE: This will change the above properties to "High -Density Multifamily Residential". 09-010071u Analysis.pdf 09-010071u Land Use Map.pdf 09-010071u Aerial Map.pdf 09-010071u School Board Concurrency.pdf 09-010071u PAB Reso.pdf 09-010071u Application & Supporting Documents.pdf 09-010071u & 09-01007zc Exhibit A.pdf 09-010071u Legislation (Version 3).pdf 09-010071u CC SR 01-28-10 Fact Sheet.pdf WITHDRAWN PZ.9 09-01007zc ORDINANCE Second 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 6886 NORTHWEST 7TH AVENUE A/K/A 755 NORTHWEST 67TH STREET AND 890 NORTHWEST 69TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 28 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately 6886 NW 7th Avenue A/K/A 755 NW 67th Street and 890 NW 69th Street [Commissioner - District 5] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of The Village Miami, Ltd FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 9, 2009 by a vote of 8-0. See companion File ID 09-010071u. PURPOSE: This will change the above properties to "R-4" Multifamily High -Density Residential. The applicant will proffer a covenant for these properties. 09-01 007zc Analysis.pdf 09-01 007zc Zoning Map.pdf 09-01 007zc Aerial Map.pdf 09-01 007zc Application & Supporting Docs.pdf 09-01 007zc Survey.pdf 09-01 007zc ZB Reso.pdf 09-01 007zc Additional Warranty Deed.pdf 09-01 007zc CC Legislation (Version 2).pdf 09-010071u & 09-01 007zc Exhibit A.pdf 09-01 007zc CC SR 01-28-10 Fact Sheet.pdf 13128 MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.10 08-006801u ORDINANCE Second 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 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. City ofMiami Page 29 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 PZ.11 LOCATION: Approximately 1421 NW 61st Street [Commissioner Richard P. Dunn II - 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 SR 01-28-10 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II 08-00680zc ORDINANCE Second 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 APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 30 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately 1421 NW 61st Street [Commissioner Richard P. Dunn II - 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. 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 SR 01-28-10 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.12 09-00752zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 620, "SD-20" EDGEWATER OVERLAY DISTRICT; "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR ACCESSORY PARKING ON "R-4" DESIGNATED PROPERTIES, ABUTTING "C-1" DESIGNATED PROPERTIES FRONTING BISCAYNE BOULEVARD BY SPECIAL EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 31 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: "SD-20" Edgewater Overlay District; "SD-20.1" Biscayne Boulevard Edgewater Overlay District [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 15, 2009 by a vote of 7-0. PURPOSE: This will allow for accessory parking on "R-4" designated properties abutting "C-1" designated properties fronting Biscayne Boulevard by Special Exception. 09-00752zt Zoning Map.pdf 09-00752zt Aerial Map.pdf 09-00752zt PAB Reso.pdf 09-00752zt CC Legislation (Version 2).pdf 09-00752zt CC SR 01-28-10 Fact Sheet.pdf 13129 MOVED: Francis Suarez SECONDED: Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner Carollo PZ.13 09-00753zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTIONS 602.3, "CLASS II SPECIAL PERMIT" AND 602.5 ENTITLED "PERMITTED ACCESSORY USES AND STRUCTURES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 32 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: "SD-2" Coconut Grove Central Commercial District [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to add the colors of yellow and orange to Section 602.5.1, Item 9 of the legislation, to City Commission on July 15, 2009 by a vote of 7-0. PURPOSE: This will allow open air green markets in the "SD-2" Coconut Grove Central Commercial District by Class II Special Permit. 09-00753zt Zoning Map.pdf 09-00753zt Aerial Map.pdf 09-00753zt PAB Reso.pdf 09-00753zt CC Legislation (Version 2).pdf 09-00753zt CC SR 01-28-10 Fact Sheet.pdf 13132 MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.14 09-00872zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "HISTORIC PRESERVATION", BY AMENDING SECTION 23-2, ENTITLED "DEFINITIONS", BY ADDING A DEFINITION OF DEMOLITION BY NEGLECT; FURTHER ENACTING A NEW SECTION 23-6.2(J), ENTITLED "DEMOLITION BY NEGLECT", WHICH WILL PROHIBIT DEMOLITION BY NEGLECT OF DESIGNATED HISTORIC PROPERTIES; REQUIRE AFFIRMATIVE MAINTENANCE OF THESE PROPERTIES; PROVIDE MINIMUM MAINTENANCE STANDARDS; PROVIDE FOR RELIEF DUE TO ECONOMIC HARDSHIP; PROVIDE FOR CODE ENFORCEMENT REMEDIES; PROVIDE FOR CIVIL PENALTIES AND INFRACTIONS INCLUDING LIENS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 33 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board recommendation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval to City Commission on August 4, 2009 by a vote of 6-0. PURPOSE: This will prohibit demolition by neglect of designated historic properties; require affirmative maintenance; provide minimum maintenance standards; provide for relief due to economic hardship; provide for code enforcement remedies; and provide for civil penalties and infractions including liens. 09-00872zt HEPB Reso.pdf 09-00872zt CC Legislation (Version 1).pdf 09-00872zt CC SR 01-28-10 Fact Sheet.pdf 13133 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff and Suarez ABSENT: Commissioner Dunn II PZ.15 09-00873zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE VII, ENTITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD", AND SPECIFICALLY SECTION 62-189, ENTITLED "PROCEEDINGS", BY CHANGING THE NUMBER OF VOTES REQUIRED FOR ALL DECISIONS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD (WITH THE EXCEPTION OF DESIGNATION ACTIONS) SO THAT PASSAGE OF A MOTION REQUIRES A SIMPLE MAJORITY RATHER THAN A CONCURRING VOTE OF FIVE MEMBERS OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 34 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board recommendation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval to City Commission on August 4, 2009 by a vote of 6-0. PURPOSE: This will eliminate the requirement of obtaining five affirmative votes for the passage of certain decisions of the Historic and Environmental Preservation Board. 09-00873zt HEPB Reso.pdf 09-00873zt CC Legislation (Version 1).pdf 09-00873zt CC SR 01-28-10 Fact Sheet.pdf 13134 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.16 09-00955zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 610.3.2 ENTITLED "CONSIDERATIONS IN MAKING CLASS II SPECIAL PERMIT DETERMINATION," TO ALLOW CANTILEVER COMPONENTS PROMOTING ENERGY EFFICIENCY, TO PROJECT INTO YARDS ADJACENT TO STREETS; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 35 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: "SD-10" Medical Health Care, Hospital and Research Park Overlay District [Commissioner Wifredo (Willy) Gort - District 1 and 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: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will allow for cantilever components promoting energy efficiency to project into yards adjacent to streets, subject Class II Special Permit approval, in SD-10. 09-00955zt PAB Reso.pdf 09-00955zt CC Legislation (Version 2).pdf 09-00955zt CC SR 01-28-10 Fact Sheet.pdf 13135 MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.17 09-01051zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 9, SECTION 916, ENTITLED "INTERIM PARKING", LIMITING THE LOCATION OF SHORT-TERM EVENT PARKING, CREATING AN INTERIM TEMPORARY PARKING PILOT PROGRAM, PROVIDING FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND ALLOWING FOR TIME EXTENSIONS WITH REFERRALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 36 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Citywide 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 approval to City Commission on October 7, 2009 by a vote of 9-0. The PAB also recommended that the City Commission direct the Planning Department to conduct a longer term parking study also on Biscayne Boulevard corridor so that temporary measure wouldn't be necessary, on October 7, 2009 by a vote of 8-0. PURPOSE: This will limit the location of the short-term event parking, create an interim temporary parking pilot program, provide for new criteria and special permit requirements, and allow for time extensions with referrals. 09-01051zt PAB Resos.pdf 09-01051zt CC Legislation (Version 3).pdf 09-01 051zt CC SR 01-28-10 Fact Sheet.pdf 13136 MOVED: Wifredo (Willy) Gort SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.18 09-01071 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION DESIGNATING THE PUBLIC RIGHT-OF-WAY ALONG BISCAYNE BOULEVARD FROM APPROXIMATELY THE MIAMI RIVER NORTH TO NORTHEAST 36TH STREET, THE RIGHT-OF-WAY WIDTH IS AS FOLLOWS: FROM SOUTHEAST 4TH STREET TO SOUTHEAST 2ND STREET (100'), FROM SOUTHEAST 2ND STREET TO NORTHEAST 6TH STREET (230'), FROM NORTHEAST 6TH STREET TO NORTHEAST 8 STREET (168'), FROM NORTHEAST 8 STREET TO NORTHEAST 9TH STREET (150'), FROM NORTHEAST 9TH STREET TO NORTHEAST 12TH STREET (220'), AND NORTHEAST 12TH STREET TO NORTHEAST 36TH STREET (100'), MIAMI, FLORIDA, AS A SCENIC TRANSPORTATION CORRIDOR PURSUANT TO CHAPTER 17, SECTION 17-31 (B) (3), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION DISTRICTS"; AMENDING THE OFFICIAL HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS OF THE CITY OF MIAMI; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 37 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately the Public Right -of -Way along Biscayne Boulevard from Approximately the Miami River North to NE 36th Street, the Right -of -Way Width is as Follows: From SE 4th Street to SE 2nd Street (100'), from SE 2nd Street to NE 6th Street (230'), from NE 6th Street to NE 8th Street (168'), from NE 8th Street to NE 9th Street (150'), from NE 9th Street to NE 12th Street (220'), and NE 12th Street to NE 36th Street (100') [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board recommendation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval to City Commission on September 1, 2009 by a vote of 8-0. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 7, 2009 by a vote of 9-0. PURPOSE: This will designate sections of Biscayne Boulevard as a scenic transportation corridor and amend the Official Historic and Environmental Preservation Atlas to reflect this designation. 09-01071 Land Use Map.pdf 09-01071 Zoning Map.pdf 09-01071 Aerial Map.pdf 09-01071 Designation Report.pdf 09-01071 HEPB Reso.pdf 09-01071 PAB Reso.pdf 09-01071 CC Legislation (Version 2).pdf 09-01071 CC SR 01-28-10 Fact Sheet.pdf 09-01 071-Submittal-PowerPoint Presentation -Sean Paul Melito.pdf 09-01071-Submittal-Carol Garvin.pdf 13137 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.19 09-01421zt ORDINANCE Second 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 City ofMiami Page 38 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 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 SR 01-28-10 Fact Sheet.pdf 13138 MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.20 09-01423zt ORDINANCE Second 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 SR 01-28-10 Fact Sheet.pdf 13139 City ofMiami Page 39 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.21 08-01084Iu 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 LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately Two Unassigned Addresses, Having Folio Numbers 01-4103-037-0430 and 01-4103-037-0431 [Commissioner Frank Carollo - District 3] APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on behalf of The District Board of Trustees of Miami Dade Community College, Florida FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval of the original request, which included all properties, to City Commission on March 18, 2009, except for the North 25 feet parallel to SW 5th Street, which is to remain with the "Single -Family Residential" Land Use designation, by a vote of 7-0. See companion File ID 08-01084zc. PURPOSE: This will change the above properties to "Major Institutional, Public Facilities, Transportation and Utilities". NOTE(S): The City Commission indefinitely deferred the original request, which included all properties, on June 25, 2009. City ofMiami Page 40 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 08-010841u Analysis.pdf 08-010841u Land Use Map - NEW.pdf 08-010841u Aerial Map - NEW.pdf 08-010841u PAB Reso.pdf 08-010841u Miami -Dade County Public School Concurrency.pdf 08-010841u Letter of Intent - Revised.pdf 08-010841u Letter of Intent - Original Request.pdf 08-010841u Application & Supporting Documentation - NEW.pdf 08-010841u CC Legislation (Version 3).pdf 08-010841u Exhibit A.pdf 08-010841u CC FR 01-28-10 Fact Sheet.pdf WITHDRAWN PZ.22 08-01084zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34, 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 "R-1" SINGLE-FAMILY RESIDENTIAL AND "R-2" TWO-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL AND "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET AND THREE UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0280, 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 41 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately 2508, 2524, 2534, 2538, 2590, 2600, 2610 and 2620 SW 5th Street and Three Unassigned Addresses, Having Folio Numbers 01-4103-037-0280, 01-4103-037-0430 and 01-4103-037-0431 [Commissioner Frank Carollo - District 3] APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on behalf of The District Board of Trustees of Miami -Dade Community College, Florida FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval, which failed, constituting a recommendation of denial, to City Commission on September 21, 2009 by a vote of 3-5. The board also recommended to the City Commission that the board will not object to an "SD-12" Overlay for all parcels included on the application, to achieve the parking needs of Miami -Dade College, by a vote of 5-3. See companion File ID 08-010841u. PURPOSE: This will change the above properties to "R-1" Single -Family Residential and "R-2" Two -Family Residential with an "SD-12" Buffer Overlay District. NOTE(S): The Zoning Board recommended denial to City Commission on April 13, 2009 by a vote of 3-2 of the original request to "G/I" Government and Institutional for all of the properties. They also recommended to the City Commission that the board will not object to an "SD-12" Overlay to achieve the parking needs of the Miami -Dade College, by a vote of 4-1. 08-01084zc CC Analysis - NEW.pdf 08-01084zc Zoning Map - NEW.pdf 08-01084zc Aerial Map - NEW.pdf 08-01084zc Letter of Intent - Revised.pdf 08-01084zc Letter of Intent - Original Request.pdf 08-01084zc Application & Supporting Docs - NEW.pdf 08-01084zc Surveys.pdf 08-01084zc ZB 04-13-09 Resos.pdf 08-01084zc ZB 09-21-09 Resos.pdf 08-01084zc CC Legislation (Version 4).pdf 08-01084zc Exhibit A.pdf 08-01084zc CC FR 01-28-10 Fact Sheet.pdf MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.23 09-01372zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF City ofMiami Page 42 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 10, SECTION 10.6.3.7. SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, IN ORDER TO MODIFY THE SIGN REGULATIONS FOR HOTEL USES IN THE SD-7 ZONING DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: "SD-7" Central Brickell Rapid Transit Commercial -Residential District [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 16, 2009 by a vote of 7-0. PURPOSE: This will amend regulations for hotel signs in SD-7. 09-01372zt PAB Reso.pdf 09-01372zt CC Legislation (Version 2).pdf 09-01372zt CC FR 01-28-10 Fact Sheet.pdf MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff and Suarez ABSENT: Commissioner Dunn II PZ.24 09-00800x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 SOUTH MOORINGS WAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE, CONDITIONS SET FORTH, AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. City ofMiami Page 43 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately 3300 S Moorings Way [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Bruce G. Hermelee, Esquire, on behalf of The Moorings Property Owners Association, Inc., Lawrence D. Tornek and Gerald Kelfer, Residents APPLICANT(S): Richard A. Brunnell, President, on behalf of SkyScrapper, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval of the original request. ZONING BOARD: Granted the Special Exception with conditions* on October 19, 2009 by a vote of 9-0. *See supporting documentation. PURPOSE: The approval of this appeal will not allow extensions of docks and piers with more than 35 feet into waterways. 09-00800x Analysis.pdf 09-00800x Zoning Map.pdf 09-00800x Aerial Map.pdf 09-00800xApplication & Supporting Docs.pdf 09-00800x Plans.pdf 09-00800x ZB Reso.pdf 09-00800x Appeal Letter.pdf 09-00800x CC Legislation (Version 3).pdf 09-00800x CC Legislation (Version 4).pdf 09-00800x Exhibit A.pdf 09-00800x CC 01-28-10 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.25 09-00616za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED MAY 20, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR AN OUTDOOR ADVERTISING SIGN IN LUMMUS PARK, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. City ofMiami Page 44 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 LOCATION: Approximately 350 NW 2nd Street [Commissioner - District 5] APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on September 14, 2009 by a vote of 4-2. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-00616za ZB Reso.pdf 09-00616za ZB 09-14-09 Backup Documentation.pdf 09-00616za ZB Appeal Letter & Supporting Documents.pdf 09-00616za CC Legislation (Version 3).pdf 09-00616za CC Legislation (Version 4).pdf 09-00616za CC 01-28-10 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.26 08-00698ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED BY MIAMI-DADE COUNTY PUBLIC SCHOOLS AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A TREE REMOVAL PERMIT FOR EIGHT (8) BISHOPWOOD TREES AT MIAMI SENIOR HIGH SCHOOL LOCATED AT SOUTHWEST 3RD STREET BETWEEN SOUTHWEST 24TH AND SOUTHWEST 25TH AVENUES, MIAMI, FLORIDA, AFTER FINDING THE TREE REMOVAL DOES NOT COMPLY WITH THE CRITERIA FOR TREE REMOVAL SET FORTH ARTICLE 8.1 OF THE ZONING ORDINANCE. City ofMiami Page 45 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 M.1 09-01453 LOCATION: Approximately 2450 SW 1st Street [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Luis M. Garcia, Esquire, on behalf of Miami -Dade County Public Schools and Zyscovich Architects FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied a motion to approve the appeal of the decision of the Public Works director of a Tree Removal Permit on January 5, 2010 by a vote of 6-3. PURPOSE: The approval of this appeal will allow the removal of eight Bishopwood trees at Miami Senior High School. 08-00698ha Zoning Map.pdf 08-00698ha Aerial Map.pdf 08-00698ha CC Appeal Letter.pdf 08-00698ha HEPB Reso.pdf 08-00698ha HEPB 01-05-10 Fact Sheet.pdf 08-00698ha Miami -Dade County Landscape Manual.pdf 08-00698ha City of Miami Code of Ordinances Sec. 17-37.pdf 08-00698ha City of Miami Code of Ordinances Sec. 24-49.9.pdf 08-00698ha City of Miami Excerts from Sec. 8.1 of the Zoning Code.pdf 08-00698ha Proc. Fla. State Hort. Soc. 97, 1984..pdf 08-00698ha HEPB Appeal Letter with Plans & Pictures.pdf 08-00698ha Regina Nagger Email #2 Regarding Protest.pdf 08-00698ha Neil D. Kolner Letter.pdf 08-00698ha Regina Nagger Emails #1 Regarding Protest.pdf 08-00698ha Department of Public Works Notice Posted.pdf 08-00698ha Tree Permit Application.pdf 08-00698ha CC Legislation (Version 2).pdf 08-00698ha CC Legislation (Version 3).pdf 08-00698ha CC 01-28-10 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO DISCUSSION ITEM City ofMiami Page 46 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 M.2 10-00088 M.3 10-00089 AND UNION NEGOTIATIONS. 09-01453 Discussion Page.pdf DISCUSSED DISCUSSION ITEM DISCUSSION CONCERNING HOW TO BRING PROPOSALS REGARDING MIAMI 21 BEFORE THE CITY COMMISSION. 10-00088 Memo.pdf DISCUSSED DISCUSSION ITEM DISCUSSION CONCERNING THE FLAGSTONE PROPOSAL. 10-00089 Memo.pdf MOTION A motion was made by Commissioner Gort, seconded by Commissioner Dunn, and was passed unanimously, to extend the contract to March 11, 2010 in order for the City Manager to further negotiate with Flagstone representatives the terms and conditions as outlined in the January 27, 2010 memorandum that the Mayor provided to the Commissioners, the January 26, 2010 letter that Flagstone Properties LLC provided to Mayor Regalado, and in accordance with what was discussed at today's Commission meeting. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 10-00022 DISCUSSION ITEM CHAIRMAN MARC D. SARNOFF WOULD LIKE A DISCUSSION ABOUT THE CITY OF MIAMI'S "HEAD COUNT". CHAIRMAN SARNOFF WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF SEPTEMBER 15TH, 2009 AND HE WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF JANUARY 15TH, 2010. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI EMPLOYEE. City ofMiami Page 47 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 DISCUSSION ABOUT THE EFFECT OF "HEAD COUNT" ON THE CITY OF MIAMI BUDGET. DISCUSSION ABOUT THE "HEAD COUNT AND THE BUDGETING PROCESS. 10-00022 Email.pdf NO ACTION TAKEN D2.2 09-01296 DISCUSSION ITEM VISUAL PARK INITIATIVE - POSSIBLE ENHANCEMENT DISCUSSION ABOUT CHAIRMAN SARNOFF 'S VISUAL PARK INITIATIVE AND IT'S GOAL TO CREATE TEMPORARY VISUAL PARKS IN APPROPRIATE LOCATIONS THROUGHOUT THE CITY OF MIAMI. FLORIDA STATUTES 193.501 (1), (3) A. PROVIDE DETAIL AND INFORMATION ON CONSERVATION EASEMENTS THAT WOULD BENEFIT MUNICIPALITIES AND PROPERTY OWNERS. FS 193.501 CURRENTLY REQUIRES A CONSERVATION EASEMENT OF NOT LESS THAN TEN (10) YEARS. DISCUSSION ABOUT A RESOLUTION REQUESTING THE FLORIDA LEGISLATURE TO REDUCE TEN (10) YEARS TO PERHAPS FOUR (4) TO FIVE (5) YEARS. DISCUSSION ABOUT STEPS TO STIMULATE THE VISUAL PARK INITIATIVE PROGRAM. DISCUSSION ABOUT THE CITY OF MIAMI'S ABILITY TO BUY APPROPRIATE SITES WHILE REAL ESTATE PRICES ARE REPUTEDLY LOW. 09-01296 Email 1-28-10.pdf NO ACTION TAKEN D2.3 09-01297 DISCUSSION ITEM MIAMI-DADE COUNTY TAX BILL CITY OF MIAMI WASTE FEES DISCUSSION ABOUT MIAMI-DADE COUNTY REAL ESTATE PROPERTY TAXES AND THE RECENT 2009 NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS. IS IT POSSIBLE THAT MANY CITY OF MIAMI PROPERTIES DID NOT RECEIVE ACCURATE BILLS? IS IT POSSIBLE THAT PROPERTIES RECEIVED INACCURATE BILLS PERTAINING TO CITY OF MIAMI WASTE FEES? IF YES, WHAT CAN BE DONE? 09-01297 Email.pdf City ofMiami Page 48 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER END OF DISTRICT 5 Non Agenda Items NA.1 10-00114 DISCUSSION ITEM CONGRATULATIONS TO RICHARD P. DUNN, II AS THE NEWLY APPOINTED DISTRICT 5 COMMISSIONER. DISCUSSED NA.2 10-00123 DISCUSSION ITEM DISCUSSION CONCERNING iEXPENSE AUDIT ISSUED BY CITY OF MIAMI'S AUDITOR GENERAL VICTOR IGWE. DISCUSSED NA.3 09-01455a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY" AS LICENSEE) AND BRICKELL FLATIRON LLC ("OWNER/DEVELOPER" AS LICENSOR), FOR THE USE OF APPROXIMATELY 8,900 SQUARE FEET OF LAND, DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, OWNED BY OWNER/DEVELOPER, HOLDING AN APPROVED MAJOR USE SPECIAL PERMIT PURSUANT TO RESOLUTION NO. 06-0400, ADOPTED JUNE 22, 2006, AND LOCATED AT 1121 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR THE CITY TO OPERATE A PASSIVE PUBLIC PARK (TO BE NAMED "POINTE PARK"), INCLUDING IMPROVEMENTS AND MAINTENANCE TO SAID PARK; AND ADDITIONALLY TO PROVIDE FOR THE MAINTENANCE OF THE CITY'S ALLEN MORRIS PARK, LOCATED AT 20 SOUTHEAST 10 City ofMiami Page 49 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 STREET, MIAMI, FLORIDA; AND TO PROVIDE A CONTRIBUTION OF THE AMOUNT OF $35,000, TO A NEW PARK LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA, IN FURTHERANCE OF THE CITY'S OPEN SPACE INITIATIVES AND IN LIGHT OF THE OWNER/DEVELOPER'S REQUEST FOR EXTENSION OF SAID RESOLUTION NO. 06-0400, AND MODIFICATION OF OTHER SUBORDINATE APPROVALS. R-10-0044 MOVED: Francis Suarez SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II NA.4 10-00115 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE USE OF THE FLORIDA EAST COAST SLIP AND A PORTION OF BICENTENNIAL PARK TO BE USED FOR THE VOLVO OCEAN RACE 2012, OCCURRING MAY 24, 2012 THROUGH JUNE 11, 2012, WITH AN AGREEMENT TO BE BROUGHT BACK TO THE CITY COMMISSION FOR APPROVAL SHOULD TEAM MIAMI, LLC WIN SAID BID. 10-00115-Submittal-David Pina.pdf 10-00115-Submittal-Commissioner Sarnoff.pdf R-10-0038 MOVED: Francis Suarez SECONDED: Richard Dunn II UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff, Suarez and Dunn II NA.5 10-00124 DISCUSSION ITEM COMMISSIONER DUNN EXPRESSED APPRECIATION TO THE COMMISSION FOR BEING APPOINTED AS DISTRICT 5 COMMISSIONER; FURTHER ACKNOWLEDGING HIS IMMEDIATE ACTION IN SCHEDULING A TOWN HALL MEETING TONIGHT AT 6 PM IN WHICH HE NEEDED TO ATTEND. DISCUSSED NA.6 10-00110 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Commissioner (4/5THS) AFFIRMATIVE VOTE, GRANTING AN INCREASED NUMBER OF Marc David CLASS I SPECIAL PERMITS (BEYOND THE TWO (2) SPECIAL EVENTS Sarnoff ALLOWED PER YEAR), FOR THE FUNDRAISER EVENTS FOR THE RICKIA ISAAC FOUNDATION/INDIGO, LOCATED AT 613 NORTHWEST 72 City ofMiami Page 50 Printed on 2/3/2010 City Commission Marked Agenda January 28, 2010 Adjournment STREET, MIAMI, FLORIDA; SPECIFICALLY TO ALLOW A SERIES OF FUNDRAISING EVENTS TO BE ACCOMMODATED AT THE SITE FOR A PERIOD OF FIVE (5) MONTHS COMMENCING ON JANUARY 15, 2010 THROUGH MAY 15, 2010, WITH CONDITIONS AS STATED HEREIN. R-10-0041 MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Gort, Sarnoff and Suarez ABSENT: Commissioner Dunn II A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and wsa passed unanimously, with Commissioner Dunn absent, to adjourn today's meeting. City ofMiami Page 51 Printed on 2/3/2010