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HomeMy WebLinkAboutCC 2010-03-25 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com I NCOFIP- 9FFUT'. 151.4113 rf}„VV. Meeting Agenda Thursday, March 25, 2010 9:00 AM PLANNING & ZONING City Hall Commission Chambers 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 Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda March 25, 2010 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT AGENDA OFFICE/MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY City ofMiami Page 2 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * * * * * * * * * * * * * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 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.8 may be heard in the number sequence or as announced by the Commission SR - SECOND READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 4 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 10-00353 MAYORAL VETOES PRESENTATION Honoree Presenter Protocol Item Sonia Mayor Salute Suarez Regalado 10-00353 Protocol.pdf (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.) APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of February 25, 2010 END OF APPROVING MINUTES City ofMiami Page 5 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA.1 through CA.8 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion. "...that the Consent Agenda comprised of items CA.1 through CA.8 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now be taken. CA.1 10-00247 Department of Parks and Recreation CA.2 10-00248 Department of Public Works CA.3 10-00249 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION OF A MOSAIC ART BENCH SCULPTURE DESIGNED BY ARTIST CARLOS ALVES, AT AN ESTIMATED FAIR MARKET VALUE OF $80,000, TO BE CONSTRUCTED AND PROVIDED BY THE TRUST FOR PUBLIC LAND, AS PART OF THE MIAMI RIVER ART PROJECT, WITH SAID SCULPTURE TO BE INSTALLED ALONG MIAMI RIVER DRIVE AT NORTHWEST 2ND STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00247 Legislati on. pdf 10-00247 Summary Form.pdf 10-00247 Project Overview.pdf 10-00247 Maintenance. pdf 10-00247 Email.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT AND A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF A STORM WATER PUMP STATION SERVING THE INTERSECTION OF S.R. 5/BRICKELL AVENUE AT CORAL WAY (SOUTHEAST 13TH STREET), MIAMI, FLORIDA, AS STATED HEREIN. 10-00248 Legislation. pdf 10-00248 Exhibit.pdf 10-00248 Exhibit 2.pdf 10-00248 Summary Form.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $147,123.67, FOR A ONE-YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM; ALLOCATING FUNDS FROM THE City ofMiami Page 6 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. 10-00249 Legislation. pdf 10-00249 Summary Form.pdf 10-00249 Letter. pdf 10-00249 Invoice.pdf 10-00249 Letter 2.pdf 10-00249 Budget. pdf 10-00249 Report of Cases. pdf 10-00249 Invoice 2.pdf 10-00249 Stets. pdf City ofMiami Page 7 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 CA.4 10-00250 Office of Grants Administration CA.5 10-00251 Office of Grants Administration CA.6 10-00253 Office of Grants Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY'S 2010 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM, IN AN AMOUNT NOT TO EXCEED $10,000, FOR THE ARBOR DAY 2011 CELEBRATION ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE TREE TRUST FUND ACCOUNT NO. 11500.152000.896000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION. 10-00250 Legislation. pdf 10-00250 Summary Form.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $173,750 FOR THE MIAMI RIVER WATERFRONT PARK ACQUISITION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR SEVENTY-FIVE PERCENT (75%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $521,250 TO BE PROVIDED BY THE BISCAYNE BAY/MIAMI RIVER LAND ACQUISITION TRUST FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00251 Legislation. pdf 10-00251 Exhibit.pdf 10-00251 Summary Form.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $150,000 FOR THE MIAMI WOMAN'S CLUB BAYWALK - PHASE I PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $150,000, TO BE PROVIDED BY THE COMMUNITY REDEVELOPMENT AGENCY OMNI FUND (PATEO: P-92-686001; A-1396; T-01; E-CONSTRUCTION IN PROGRESS; 0-920101); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS City of Miami Page 8 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00253 Legislation. pdf 10-00253 Exhibit.pdf 10-00253 Summary Form.pdf City of Miami Page 9 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 CA.7 10-00257 Office of Grants Administration CA.8 10-00254 Office of Grants Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $20,000, FOR THE DERELICT VESSEL REMOVAL PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY-SIX PERCENT (56%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $25,000, TO BE PROVIDED BY CAPITAL IMPROVEMENT PROGRAM PROJECT NUMBER 40-B30596, ACCOUNT NUMBER 34000.221001.670000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00257 Legislation. pdf 10-00257 Exhibit.pdf 10-00257 Summary Form.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $15,000, FOR THE SPOIL ISLAND "E" RESTORATION AND DOCK -PHASE I PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $15,000, TO BE PROVIDED BY THE DISTRICT 2 QUALITY OF LIFE FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00254 Legislation. pdf 10-00254 Exhibit.pdf 10-00254 Summary Form.pdf END OF CONSENT AGENDA City ofMiami Page 10 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 ORDINANCE - SECOND READING Note: Any proposed ordinance listed as an item for second reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. SR.1 10-00317 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/PLANNING ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 62-61 ENTITLED "ESTABLISHMENT", TO CHANGE THE NUMBER OF VOTING MEMBERS FOR THE PLANNING ADVISORY BOARD FROM NINE TO ELEVEN, WITH THE MAYOR APPOINTING ONE MEMBER; AND AMENDING ARTICLE V/SECTION 62-122 ENTITLED "APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD/SIZE OF BOARDS AND TERMS OF OFFICE", TO CONFORM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR:VICE-CHAIRMAN CAROLLO 10-00317 Legislation SR.pdf DATE: MARCH 11, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER DUNN II VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: PASSED ON FIRST READING --PASSED END OF SECOND READING ORDINANCE City ofMiami Page 11 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 ORDINANCE - FIRST READING Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. FR.1 10-00179 City Manager's Office ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO FLORIDA POWER & LIGHT COMPANY AN ELECTRIC FRANCHISE AGREEMENT; IMPOSING CONDITIONS RELATING THERETO; PROVIDING FOR INITIAL PAYMENTS, AND THEN, MONTHLY PAYMENTS TO THE CITY OF MIAMI DURING A TERM OF 30 YEARS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00179 Summary Form.pdf 10-00179 Agenda item distributed prior to CC.pdf END OF FIRST READING ORDINANCE City ofMiami Page 12 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 RESOLUTIONS RE.1 RESOLUTION 10-00252 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF Department of Capital EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, Improvements ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT Program "ATTACHMENT A," WITH "ATTACHMENT A - 3/25/10 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 10-00252 Legislation. pdf 10-00252 Exhibit.pdf 10-00252 Summary Form.pdf 10-00252 Text File Report.pdf 10-00252 Text File Report 2pdf 10-00252 Attachment A.pdf RE.2 RESOLUTION 10-00258 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER AND THE Department of Capital EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT Improvements TRUST (TRUST), TO ENTER INTO A TRI-PARTY JOINT PARTICIPATION Program AGREEMENT ("JPA"), WITH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A CAPITAL IMPROVEMENT PROJECT ENTITLED "BICENTENNIAL PARK MOORING BOLLARDS, B-30538A"; ACCEPTING THE CONTRIBUTION OF FUNDS BY THE TRUST, IN THE AMOUNT NOT TO EXCEED $150,000, AND ACCEPTING THE CONTRIBUTION OF FUNDS BY THE DDA, IN THE AMOUNT NOT TO EXCEED $150,000, IN FURTHERANCE OF THE PROJECT, AS STATED HEREIN. 10-00258 Legislation. pdf 10-00258 Exhibit.pdf 10-00258 Summary Form.pdf RE.3 10-00259 Office of Transportation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT NUMBER ONE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO ACCEPT AN ADDITIONAL STATE OF FLORIDA ("STATE") CONTRIBUTION IN THE AMOUNT OF $164,560, FOR A TOTAL STATE CONTRIBUTION IN THE AMOUNT OF $538,560, PROVIDED BY THE FDOT TRANSIT DEVELOPMENT PROGRAM, FOR THE OPERATION AND MAINTENANCE OF THE HEALTH DISTRICT RUBBER -TIRE TROLLEY SERVICE, PROJECT B-30581; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $164,560, FROM THE CITY'S SHARE OF THE ONE-HALF CENT TRANSIT SURTAX PROCEEDS OF THE PEOPLE'S TRANSPORTATION PLAN. City ofMiami Page 13 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 10-00259 Legislation. pdf 10-00259 Exhibit.pdf 10-00259 Summary Form.pdf 10-00259 Funds Approval.pdf City of Miami Page 14 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 RE.4 09-01363a RE.5 09-01364a RE.6 10-00318 Department of Purchasing RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY ATTORNEY JULIE O. BRU, ESQUIRE. 09-01363a Legislation.pdf 09-01363a Exhibit.pdf DATE: MOVER: SECONDER: VOTE: ACTION: MARCH 11, 2010 VICE CHAIRMAN CAROLLO COMMISSIONER SUAREZ AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II DEFERRED --PASSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY CLERK PRISCILLA A. THOMPSON. 09-01364a Legislation.pdf 09-01364a Exhibit.pdf DATE: MARCH 11, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: DEFERRED --PASSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE AWARD FOR THE PROCUREMENT OF A TRAFFIC SAFETY CAMERA PROGRAM TO AMERICAN TRAFFIC SOLUTIONS ("ATS"), THE THIRD -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSAL NO. 119057; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ATS, FOR A PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO RENEGOTIATE SAID EXECUTED AGREEMENT WITH ATS SHOULD THE STATE LEGISLATURE PASS ANY LEGISLATION THAT WOULD IMPACT THE CITY OF MIAMI'S TRAFFIC SAFETY CAMERA PROGRAM IN ORDER TO BE IN COMPLIANCE WITH SAID STATE LAW. City ofMiami Page 15 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 10-00318 Legislation. pdf 10-00318 Exhibit.pdf 10-00318 Exhibit 2.pdf 10-00318 Summary Form.pdf 10-00318 Text File Report.pdf 10-00318 Corporation.pdf 10-00318 RFQ.pdf 10-00318 Pre Legislation.pdf 10-00318 Attachment 1.pdf City of Miami Page 16 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 RE.7 10-00177 Department of Public Works RE.8 10-00255 Office of Grants Administration RE.9 10-00256 Office of Grants Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PURCHASE THE ROCKERMAN CANAL IN COCONUT GROVE, FLORIDA ("ROCKERMAN CANAL"), FOR THIRTY-TWO THOUSAND FOUR HUNDRED FORTY-TWO DOLLARS AND FORTY SEVEN CENTS ($32,442.47), AS CONTEMPLATED IN RESOLUTION NO. 10-0034, ADOPTED JANUARY 28, 2010; ALLOCATING FUNDS FROM ACCOUNT NO. 1124.40.630680; AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ROCKERMAN CANAL; FURTHER AUTHORIZING THE RECORDATION OF SAID DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 10-00177 Legislation.pdf 10-00177 Summary Form.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN SUBSTANTIALLY THE ATTACHED FORM, IN A TOTAL AMOUNT NOT TO EXCEED $185,000 FOR THE LITTLE RIVER WATERFRONT PARK ACQUISITION PROJECT (PROJECT); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR SEVENTY-FIVE PERCENT (75%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $555,000 TO BE PROVIDED BY THE BISCAYNE BAY/MIAMI RIVER LAND ACQUISITION TRUST FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00255 Legislation.pdf 10-00255 Exhibit.pdf 10-00255 Summary Form.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $175,000, FOR THE MIAMI MARINE STADIUM IN -WATER STRUCTURAL ASSESSMENT PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $175,000, TO BE PROVIDED BY THE CIP FUND (B-30688); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. City of Miami Page 17 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 10-00256 Legislation. pdf 10-00256 Exhibit.pdf 10-00256 Summary Form.pdf City of Miami Page 18 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 RE.10 10-00356 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, SUBJECT TO THE APPROVAL OF THE COURT APPROVING A CLASS -WIDE SETTLEMENT, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CLASS ADMINISTRATOR APPOINTED BY THE COURT, WITHOUT ADMISSION OF LIABILITY, BUT IN NO EVENT BEFORE OCTOBER 1, 2010 (EXCEPT FOR THE COST OF PROVIDING NOTICE TO THE CLASS, WHICH MAY BE PAID IMMEDIATELY), THE SUM OF $3,400,000.00, FOR THE ESTABLISHMENT OF A COMMON FUND, FROM WHICH SHALL BE PAID ALL CLAIMS AS PERMITTED BY THE COURT, ALL ATTORNEYS FEES ALLOWED BY THE COURT, AND ANY AND ALL COSTS FOR THE ADMINISTRATION OF THE CLASS SETTLEMENT, WITH THE RESIDUE, IF ANY, TO BE REFUNDED TO THE CITY OF MIAMI, WHICH PAYMENT SHALL BE IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CONSOLIDATED CASES OF SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE NO.: 99-19523 CA (15), AND NADINE THEODORE, ET AL. VS. CITY OF MIAMI, CASE NO.: 99-28417 CA (15), PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION BY THE CLASS REPRESENTATIVES, SIDNEY S. WELLMAN, DANIELLE WELLMAN, NADINE THEODORE , GUSTAVE DORCILOME, AND MICHEL CHICHE, OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.549000.0000.0000. 10-00356 Legislation.pdf 10-00356 Cover Memo.pdf 10-00356 Budget Memo.pdf City ofMiami Page 19 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 RE.11 09-00451 Office of Strategic Planning, Budgeting, and Performance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2009. 09-00451 Legislation 3-25-10.pdf DATE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: JUNE 25, 2009 DEFERRED JULY 23, 2009 COMMISSIONER SARNOFF COMMISSIONER REGALADO AYES: 5 - COMMISSIONER(S) GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES DEFERRED --PASSED SEPTEMBER 24, 2009 COMMISSIONER GONZALEZ COMMISSIONER SARNOFF AYES: 5 - COMMISSIONER(S) GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES CONTINUED --PASSED DECEMBER 10, 2009 VICE CHAIRMAN CAROLLO COMMISSIONER SUAREZ AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ INDEFINITELY DEFERRED --PASSED END OF RESOLUTIONS City ofMiami Page 20 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DISCUSSION ITEM NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. DI.1 10-00265 Office of Strategic Planning, Budgeting, and Performance DISCUSSION ITEM A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY 2010 BUDGET. 10-00265 Summary Form.pdf END OF DISCUSSION ITEM City ofMiami Page 21 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 09-01300Iu 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 3500, 3524, 3550, 3590, 3592 SOUTHWEST 7TH STREET; 710 SOUTHWEST 35TH AVENUE AND 711 SOUTHWEST 36TH AVENUE, 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. LOCATION: Approximately 3500, 3524, 3550, 3590, 3592 SW 7th Street; 710 SW 35th Avenue and 711 SW 36th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of COVA, Inc., Felipe A. Valls, Jr. as Trustee, Felipe A. Valls, Sr. and Aminta Valls FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 2, 2009 by a vote of 9-0; except for the North twenty feet parallel to Southwest 7th Street, which is to remain with the "Duplex Residential" Land Use designation. See companion File ID 09-01300zc. PURPOSE: This will change the above properties to "Restricted Commercial'. 09-013001u CC Analysis.pdf 09-013001u Land Use Map.pdf 09-013001u Aerial Map.pdf 09-013001u PAB Reso.pdf 09-013001u Miami -Dade County Public School Concurrency.pdf 09-013001u Application & Supporting Documents.pdf 09-013001u CC Legislation (Version 2).pdf 09-013001u & 09-01300zc Exhibit A.pdf 09-013001u CC SR 03-25-10 Fact Sheet.pdf DATE: FEBRUARY 25, 2010 City ofMiami Page 22 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) SARNOFF ACTION: PASSED ON FIRST READING --PASSED City ofMiami Page 23 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.2 09-01300zc 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 3500, 3524, 3550, 3590, 3592 SOUTHWEST 7TH STREET; 710 SOUTHWEST 35TH AVENUE AND 711 SOUTHWEST 36TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3500, 3524, 3550, 3590, 3592 SW 7th Street; 710 SW 35th Avenue and 711 SW 36th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrella Sibila, Esquire, on behalf of COVA, INC., Felipe A. Valls, Jr. as Trustee, Felipe A. Valls, Sr. and Aminta Valls FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 11, 2010 by a vote of 5-0. This Zoning Change is recommended for approval based on the representation of counsel that a covenant will be proffered to the City Commission to: 1) Allow the same uses as a "T4" Transect in Miami 21 to allow for the expansion of the restaurant and bakery; 2) Limit height not to exceed thirty-nine (39) feet; 3) Prevent ingress and egress on Southwest 7th Street; and 4) Provide a ten (10) foot landscape buffer. See companion File ID 09-013001u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. The applicant has proffered a covenant for these properties. 09-01300zc Analysis - NEW.pdf 09-01300zc Zoning Map.pdf 09-01300zc Aerial Map.pdf 09-01300zc Miami21 Map.pdf 09-01300zc Letter of Intent.pdf 09-01300zc Application & Supporting Docs.pdf 09-01300zc Survey.pdf 09-01300zc ZB Reso.pdf 09-01300zc CC Legislation (Version 2).pdf 09-013001u & 09-01300zc Exhibit A. pdf 09-01300zc CC SR 03-25-10 Fact Sheet.pdf DATE: FEBRUARY 25, 2010 City ofMiami Page 24 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) SARNOFF ACTION: PASSED ON FIRST READING --PASSED City ofMiami Page 25 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.3 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. 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 09-00800x Application & 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 03-25-10 Fact Sheet.pdf DATE: DECEMBER 17, 2009 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: CONTINUED --PASSED City of Miami Page 26 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DATE: JANUARY 28, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER GORT VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED DATE: FEBRUARY 25, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, GORT AND DUNN II ABSENT: 2 - COMMISSIONER(S) SARNOFF AND SUAREZ ACTION: CONTINUED --PASSED City ofMiami Page 27 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.4 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. LOCATION: Approximately 350 NW 2nd Street [Commissioner Richard P. Dunn II - 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 03-25-10 Fact Sheet.pdf DATE: DECEMBER 10, 2009 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: DEFERRED --PASSED DATE: JANUARY 28, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER GORT VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED City ofMiami Page 28 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DATE: FEBRUARY 25, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, GORT AND DUNN II ABSENT: 2 - COMMISSIONER(S) SARNOFF AND SUAREZ ACTION: CONTINUED --PASSED City of Miami Page 29 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.5 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. 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 Excerpts 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 Hagger Email #2 Regarding Protest.pdf 08-00698ha Neil D. Kolner Letter.pdf 08-00698ha Regina Hagger 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 09-00698ha CC 03-25-10 Fact Sheet.pdf DATE: JANUARY 28, 2010 City of Miami Page 30 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER GORT VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED DATE: FEBRUARY 25, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, GORT AND DUNN II ABSENT: 2 - COMMISSIONER(S) SARNOFF AND SUAREZ ACTION: CONTINUED --PASSED City ofMiami Page 31 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.6 09-00565ha1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY PATRA LIU AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION AND NEW CONSTRUCTION OF 811 NORTHWEST 7TH STREET ROAD, A CONTRIBUTING RESOURCE LOCATED IN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA. LOCATION: Approximately 811 NW 7th Street Road [Commissioner Richard P. Dunn II - District 5] APPELLANT(S)/APPLICANT(S): Bob de la Fuente, Esquire, on behalf of Patra Liu, Owner FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the Certificates of Appropriateness on November 3, 2009 by a vote of 4-3. PURPOSE: The approval of this appeal will allow the partial demolition of the existing residence and new construction at the above location. 09-00565ha1 HEPB 11-03-09 Fact Sheet.pdf 09-00565ha1 Appeal Letter.pdf 09-00565ha1 2nd Supplement to Appeal.pdf 09-00565ha1 Supplement to Appeal.pdf 09-00565ha1 HEPB Reso.pdf 09-00565ha1 Zoning Map.pdf 09-00565ha1 Aerial Map.pdf 09-00565ha1 Application for Certificate of Appropriateness.pdf 09-00565ha1 Plans.pdf 09-00565ha1 CC Legislation (Version 2).pdf 09-00565ha1 CC Legislation (Version 3).pdf 09-00565ha1 CC 03-25-10 Fact Sheet.pdf DATE: FEBRUARY 25, 2010 MOVER: COMMISSIONER GORT SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) SARNOFF ACTION: CONTINUED --PASSED City of Miami Page 32 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.7 10-00183Iu 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 REAL PROPERTY LOCATED AT APPROXIMATELY 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn II- District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by a vote of 8-0. See related File ID 10-00185zc. PURPOSE: This will change the above property to "Restricted Commercial'. 10-001831u Analysis.pdf 10-001831u Land Use Map.pdf 10-001831u Aerial Map.pdf 10-001831u PAB Reso.pdf 10-001831u CC Legislation (Version 2).pdf 10-001831u Exhibit A.pdf 10-001831u CC FR 03-25-10 Fact Sheet.pdf City of Miami Page 33 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.8 10-00185zc ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE FOLLOWING ZONING CLASSIFICATIONS FROM "C/I - CIVIC/INSTITUTION ZONE" TO "T6-8 0 - URBAN CORE TRANSECT ZONE" FOR THE PROPERTY LOCATED AT 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O - URBAN CENTER TRANSECT ZONE" TO "T4-O - GENERAL URBAN TRANSECT ZONE" FOR THE PROPERTIES LOCATED ALONG SOUTHWEST 27TH AVENUE, GENERALLY BOUND BY SOUTHWEST 22ND TERRACE TO THE NORTH AND U.S.1 TO THE SOUTH, MIAMI, FLORIDA; BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O - URBAN CENTER TRANSECT ZONE" TO "T4-O - GENERAL URBAN TRANSECT ZONE" FOR THE PROPERTIES LOCATED ALONG THE EAST SIDE OF SOUTHWEST 32ND AVENUE, FROM SOUTHWEST 16TH STREET TO THE NORTH PORTION OF THE BLOCK FRONTING SOUTHWEST 32ND AVENUE AND 18TH STREET, MIAMI, FLORIDA; AND BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8 O - URBAN CORE TRANSECT ZONE" TO "T5-O - URBAN CENTER TRANSECT ZONE" FOR THE PROPERTIES ALONG SOUTHWEST 22ND STREET (CORAL WAY), GENERALLY BOUND BY SOUTHWEST 17TH AVENUE TO THE EAST AND SOUTHWEST 37TH AVENUE TO THE WEST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: 1) Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn - District 5]; 2) Properties Located Along SW 27th Avenue, Generally Bound by SW 22nd Terrace to the North and U.S.1 to the South; [Commissioner Marc David Sarnoff - District 2 and Commissioner Francis Suarez - District 4]; 3) Properties Located Along the East Side of SW 32nd Avenue, from SW 16th Street to the North Portion of the Block Fronting SW 32nd Avenue and 18th Street [Commissioner Francis Suarez - District 4]; and 4) Properties Along SW 22nd Street (Coral Way), Generally Bound by SW 17th Avenue to the East and SW 37th Avenue to the West [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by four separate votes of 8-0. See related File ID 10-001831u. PURPOSE: This will change the zoning classification of certain areas of the City as described above. City ofMiami Page 34 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 10-00185zc PAB Resos.pdf 10-00185zc CC Legislation (Version 2).pdf 10-00185zc Exhi bit A. pdf 10-00185zc CC FR 03-25-10 Fact Sheet. pdf City of Miami Page 35 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.9 09-01345zt ORDINANCE FIRST 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," TO CONFORM THE PROVISIONS RELATED TO THE CREATION OF A PLANNING ZONING AND APPEALS BOARD TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES I THROUGH IV AND REPEALING ARTICLE V; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 62 to make the procedure of the Planning, Zoning and Appeals Board consistent with the Miami 21 Zoning Ordinance. 09-01345zt CC Legislation (Version 2).pdf 09-01345zt CC Legislation (Version 3).pdf 09-01345zt CC FR 03-25-10 Fact Sheet.pdf DATE: DECEMBER 17, 2009 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: DEFERRED --PASSED City of Miami Page 36 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.10 09-01346zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING FEES", MORE PARTICULARLY, BY AMENDING SECTIONS 62-156 THROUGH 62-159, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO CONFORM TERMINOLOGY FOR FEES WITH THE MIAMI 21 ZONING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Article VI of the City Code to conform terminology for fees with the Miami 21 Zoning Ordinance. 09-01346zt CC Legislation (Version 2).pdf 09-01346zt CC FR 03-25-10 Fact Sheet.pdf DATE: DECEMBER 17, 2009 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: DEFERRED --PASSED City of Miami Page 37 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.11 09-01347zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENFORCE EQUIVALENT PROVISIONS IN ZONING ORDINANCE NO. 11000 AND THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to enforce provisions in the Miami 21 Ordinance that correspond to similar provisions currently existing under Zoning Ordinance 11000. 09-01347zt CC Legislation (Version 2).pdf 09-01347zt CC FR 03-25-10 Fact Sheet.pdf DATE: DECEMBER 17, 2009 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: DEFERRED --PASSED City of Miami Page 38 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.12 09-01 406zt ORDINANCE FIRST 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," TO CONFORM WITH THE PROCEDURAL PROVISIONS RELATED TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES IX THROUGH XII; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 62 of the City Code to conform with the procedural provisions related to the Miami 21 Zoning Ordinance. 09-01406zt CC Legislation (Version 2).pdf 09-01406zt CC FR 03-25-10 Fact Sheet.pdf DATE: DECEMBER 17, 2009 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: DEFERRED --PASSED City of Miami Page 39 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.13 09-01337zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY, BY ADDING A NEW SECTION ENTITLED "CITY COMMISSION APPROVAL FOR USE AND EXTENDED HOURS", RELATED TO ALCOHOLIC BEVERAGE SALES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow for all bars (including taverns, pubs and lounges as principal uses) and all nightclubs and supper clubs to be permitted upon approval by the City Commission, except in Downtown Miami. 09-01337zt CC Legislation (Version 2).pdf 09-01337zt CC FR 03-25-10 Fact Sheet.pdf DATE: DECEMBER 17, 2009 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: DEFERRED --PASSED City of Miami Page 40 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.14 09-01344zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ENVIRONMENTAL PRESERVATION" WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; AND REPEALING ARTICLE 8.1 OF ZONING ORDINANCE 11000, THE ZONING CODE OF THE CITY OF MIAMI, ENTITLED "TREE PROTECTION" IN ITS ENTIRETY, AND INCORPORATING ITS PROVISIONS INTO A NEW ARTICLE I IN CHAPTER 17 OF THE CITY CODE, TO CREATE A NEW ARTICLE I ENTITLED "TREE PROTECTION IN GENERAL"; ALSO ADDING AND CLARIFYING CERTAIN SECTIONS IN ARTICLE I; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 17 to establish procedures for the removal of trees in environmental preservation districts, repeal Article 8.1 of Zoning Ordinance 11000 and incorporate those sections into a new article of Chapter 17 entitled "Environmental Protection." 09-01344zt CC Legislation (Version 2).pdf 09-01344zt CC FR 03-25-10 Fact Sheet.pdf DATE: DECEMBER 17, 2009 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: DEFERRED --PASSED City of Miami Page 41 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.15 09-01342zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING" TO CREATE NEW DIVISIONS 1, 2, AND 3 IN ARTICLE XIII, ENTITLED "ARTICLE XIII ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED" AND RENAMING SAID SECTION TO "APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED"; TO ALLOW THE CITY MANAGER TO CREATE A TEMPORARY EVENT PERMIT PROCESS, A TEMPORARY PERMIT PROCESS, AND AN INTERIM PARKING PROGRAM TO AUTHORIZE CERTAIN TEMPORARY USES, INTERIM PARKING USES AND EVENTS, AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create a temporary event permit process, a temporary permit process, and an interim parking program to authorize certain temporary uses, interim parking use and events in Chapter 62, Article XIII. 09-01342zt CC Legislation (Version 2).pdf 09-01342zt CC FR 03-25-10 Fact Sheet.pdf DATE: DECEMBER 17, 2009 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: DEFERRED --PASSED City of Miami Page 42 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.16 10-00285zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE IV, TABLE 3, ENTITLED "BUILDING FUNCTION: USES" TO ALLOW MARINE RELATED COMMERCIAL ESTABLISHMENTS AND CHILDCARE FACILITIES IN CIVIC SPACE (CS) ZONE BY EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will allow marine related commercial establishments and childcare uses in the Civic Space (CS) Zone by process of Exception. 10-00285zt CC Legislation (Version 2).pdf 10-00285zt CC FR 03-25-10 Fact Sheet.pdf City ofMiami Page 43 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.17 10-00287zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY MODIFYING THE REQUIREMENTS OF ALCOHOL BEVERAGE SERVICE ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will require the Exception (E) process for alcoholic beverage service establishments or as specified in Chapter 4 of the Charter and Code of the City of Miami. 10-00287zt CC Legislation (Version 2).pdf 10-00287zt CC FR 03-25-10 Fact Sheet.pdf City ofMiami Page 44 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.18 10-00289zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO REPLACE THROUGHOUT THE MIAMI 21 CODE, THE TERM "BY RIGHT" WITH "PERMITTED", WHERE APPLICABLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will replace, throughout the Miami 21 Code, the term "by right" with "permitted", where applicable. 10-00289zt CC Legislation (Version 2).pdf 10-00289zt CC FR 03-25-10 Fact Sheet.pdf City ofMiami Page 45 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.19 10-00290zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.1.4 ENTITLED "PLANNING, ZONING AND APPEALS BOARD", REMOVING SPECIFIC QUALIFICATION REQUIREMENTS FOR BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will modify qualification requirements for professional training and experience required for members of the Planning, Zoning and Appeals Board. 10-00290zt CC Legislation (Version 2).pdf 10-00290zt CC FR 03-25-10 Fact Sheet.pdf City of Miami Page 46 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.20 10-00291 zt-a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will reduce floor to floor heights in lower -intensity transect zones and allow additional floor to floor height within certain areas of the Urban Central Business District and high density mixed use transect zones. 10-00291zt-a CC Legislation (Version 2).pdf 10-00291zt-a CC FR 03-25-10 Fact Sheet.pdf City of Miami Page 47 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.21 10-00291 zt-b ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will allow additional floor to floor height within certain areas of the Urban Central Business District and high density mixed use transect zones. 10-00291zt-b CC Legislation (Version 2).pdf 10-00291zt-b CC FR 03-25-10 Fact Sheet.pdf City ofMiami Page 48 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.22 10-00316zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO INCLUDE A DEFINITION OF "CULTURAL FACILITIES"; BY ALLOWING THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT EXCLUSIONS FOR CULTURAL FACILITIES AS AN ALLOWABLE USE IN SINGLE FAMILY AND DUPLEX RESIDENTIAL (SUB -URBAN) ZONES, AND TO GRANT EXCEPTIONS FOR PROFESSIONAL OFFICES, LODGING, MUSEUMS AND PRIVATE CLUBS AS ALLOWABLE USES EXCEPT IN SINGLE FAMILY AND DUPLEX (SUB -URBAN) ZONES, THROUGH THE CERTIFICATE OF APPROPRIATENESS PROCESS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; PROVIDING DEFINITIONS AND AMENDING SECTIONS 23-1; 23-2, 23-6.1 AND 23-8, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPLEMENT THESE AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT: Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow the Historic and Environmental Preservation Board to grant exclusions for Cultural Facilities' use in Single Family and Duplex Residential (Sub -Urban) zones and to grant Exceptions for professional offices, lodging, museums and private clubs, except in Single Family and Duplex (Sub -Urban) zones, through the Certificate of Appropriateness process, when the result leads to the preservation of a significant historic structure. 10-00316zt CC Legislation (Version 1).pdf 10-00316zt CC FR 03-25-10 Fact Sheet.pdf City ofMiami Page 49 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 The following item(s) shall not be considered before 5:00 pm. PZ.23 08-00680Iu 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. LOCATION: Approximately 1421 NW 61st Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Carlos A. Migoya, 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 03-25-10 Fact Sheet.pdf DATE: DECEMBER 10, 2009 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: CONTINUED --PASSED City ofMiami Page 50 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DATE: MOVER: SECONDER: VOTE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DECEMBER 17, 2009 COMMISSIONER SUAREZ VICE CHAIRMAN CAROLLO AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ PASSED ON FIRST READING --PASSED JANUARY 28, 2010 COMMISSIONER SUAREZ COMMISSIONER GORT AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II CONTINUED --PASSED FEBRUARY 25, 2010 COMMISSIONER DUNN II COMMISSIONER SUAREZ AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) SARNOFF CONTINUED --PASSED City ofMiami Page 51 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 PZ.24 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 61 ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1421 NW 61st Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Carlos A. Migoya, 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 03-25-10 Fact Sheet.pdf DATE: DECEMBER 10, 2009 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: CONTINUED --PASSED City of Miami Page 52 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DATE: DECEMBER 17, 2009 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, SARNOFF AND SUAREZ ACTION: PASSED ON FIRST READING --PASSED DATE: JANUARY 28, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER GORT VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED DATE: FEBRUARY 25, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) SARNOFF ACTION: CONTINUED --PASSED END OF PLANNING AND ZONING ITEMS City ofMiami Page 53 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 M.1 09-01453b MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO DISCUSSION ITEM DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453b Discussion Page.pdf City ofMiami Page 54 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 M.2 10-00181a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE (I) THE AMENDMENT AND RESTATED AGREEMENT TO ENTER INTO GROUND LEASE ("AMENDMENT AND RESTATED AGREEMENT TO ENTER"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT TO ENTER INTO GROUND LEASE AND (II) THE AMENDMENT AND RESTATED GROUND LEASE(S), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE GROUND LEASE, BOTH BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO PROVIDE FOR: (1) FLAGSTONE'S OPTION TO DEVELOP THE MEGA -YACHT MARINA WITH ITS ANCILLARY FACILITIES, RETAIL, PARKING, HOTELS AND ALL OTHER RELATED FACILITIES (THE "PROJECT") IN ITS ENTIRETY ALL AT ONCE OR THROUGH PHASED DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (2) EXTENDING THE POSSESSION DATE FROM FEBRUARY 1, 2010 TO FEBRUARY 1, 2013, OR SOONER, AT FLAGSTONE'S OPTION; (3) EXTENDING THE CONSTRUCTION COMMENCEMENT PERIOD FROM THIRTY-SIX (36) MONTHS TO A MAXIMUM OF TWO HUNDRED SIXTEEN (216) MONTHS (EIGHTEEN (18) YEARS); (4) ESTABLISHING A PAYMENT SCHEDULE COMMENCING WITH THREE HUNDRED THOUSAND DOLLARS ($300,000) AND INCREASING TO ONE MILLION SIX HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($1,675,000) BY YEAR 2017, SUBJECT TO CERTAIN CREDITS; (5) EXTENDING CERTAIN MILESTONE DATES IN THE TIMELINES FOR CONSTRUCTION COMMENCEMENT, COMPLETION, AND OTHER DEVELOPMENT MATTERS; AND (6) PROVIDING FOR SECURITY DEPOSIT(S) ON A COMPONENT BY COMPONENT BASIS; FURTHER AUTHORIZING THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY TO NEGOTIATE AND TO EXECUTE SUCH FURTHER AMENDMENTS TO THE AMENDMENT AND RESTATED AGREEMENT TO ENTER AND TO THE AMENDMENT AND RESTATED GROUND LEASE(S), AS MAY BE NECESSARY FROM TIME TO TIME AND TO ACCOMPLISH CONSTRUCTION OF THE PROJECT, ON A COMPONENT BY COMPONENT BASIS AT FLAGSTONE'S OPTION, PROVIDED THAT SUCH AMENDMENTS ARE NOT SUBSTANTIAL AND (A) ARE IN ACCORDANCE WITH THE PROJECT REQUEST FOR PROPOSALS AND ALL ADDENDA THERETO; (B) ARE IN ACCORDANCE WITH THE VOTER REFERENDUM OF NOVEMBER 6, 2001; (C) WOULD RESULT IN NO REVENUE REDUCTION TO THE CITY; AND (D) WOULD NOT EXTEND THE CONSTRUCTION COMMENCEMENT PERIOD PAST THE MAXIMUM TWO HUNDRED SIXTEEN (216) MONTHS PERIOD. 10-00181 a Agenda item will be distributed prior to CC.pdf END OF CITYWIDE ITEMS City ofMiami Page 55 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 City ofMiami Page 56 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 D2.1 10-00320 D2.2 10-00315 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF 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. DISCUSSION ABOUT THE EFFECT OF "HEAD COUNT" ON THE CITY OF MIAMI BUDGET. DISCUSSION ABOUT THE "HEAD COUNT AND THE BUDGETING PROCESS. 10-00320 Email.pdf DISCUSSION ITEM DISCUSSION ABOUT THE TEMPORARY USE OF VACANT LOTS. THE CITY OF MIAMI ZONING DEPARTMENT IS REVIEWING THE CLASS I PERMIT PROCESS BY WHICH PROPERTY OWNERS AND PROSPECTIVE TENANTS MAY USE VACANT LOTS. DISCUSSION ABOUT TEMPORARY STRUCTURES INCLUDING BUT NOT LIMITED TO SALES CENTERS, TRAILERS, AND THE USE OF MANUFACTURED HOUSING UNITS. DISCUSSION ABOUT SECURING TEMPORARY STRUCTURES. THE GOAL IS TO CREATE A WAY FOR PROPERTY OWNERS WHO OWN VACANT LOTS TO USE THEIR VACANT LOTS WHILE THEY WAIT FOR THE ECONOMY TO IMPROVE. 10-00315 Email.pdf END OF DISTRICT 2 City ofMiami Page 57 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 D3.1 10-00270 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO DISCUSSION ITEM DISCUSSION CONCERNING PARKS IN DISTRICT 3. 10-00270 Email.pdf DATE: ACTION: MARCH 11, 2010 DEFERRED END OF DISTRICT 3 City ofMiami Page 58 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 City ofMiami Page 59 Printed on 3/18/2010 City Commission Meeting Agenda March 25, 2010 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City ofMiami Page 60 Printed on 3/18/2010