HomeMy WebLinkAboutCC 2010-03-25 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
Carlos A. Migoya, 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, March 25, 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.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
City of illiami
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City Commission
Marked Agenda March 25, 2010
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 3/30/2010
City Commission
Marked Agenda March 25, 2010
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff,
Commissioner Suarez and Commissioner Dunn II
On the 25th day of March 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 9:38 a.m., recessed at 1:27
p.m., reconvened at 2:30 p.m., and adjourned at 5:16 p.m.
Note for the Record: Vice Chair Carollo entered the Commission chambers at 9:48 a.m.
and Commissioner Suarez entered the Commission chambers at 9:51 a.m.
Note for the Record: Commissioner Dunn entered the Commission chambers at 2:38
p.m.
ALSO PRESENT:
Julie O. Bru, City Attorney
Carlos A. Migoya, City Manager
Priscilla A. Thompson, City Clerk
PRESENTATIONS AND PROCLAMATIONS
PR.1 10-00353 PRESENTATION
HonoreePresenterProtocol Item
Sonia Mayor Salute
Suarez Regalado
10-00353 Protocol.pdf
Mayor Regalado paid tribute to Sonia Suarez (president of the Residents Association of
Martin Fine Villas) for her commitment to equity and justice for the needy and the
neglected through ongoing goodwill and community service.
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 MEETING:
Planning and Zoning Meeting of February 25, 2010
MOVED: Richard Dunn II
SECONDED: Wifredo (Willy) Gort
Motion to APPROVED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff and Dunn II
Commissioner(s) Carollo and Suarez
MOVED: Richard Dunn II
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Marked Agenda March 25, 2010
SECONDED: Wifredo (Willy) Gort
Motion to RECONSIDERED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Carollo, Gort, Sarnoff and Dunn II
Commissioner(s) Suarez
MOVED: Frank Carollo
SECONDED: Wifredo (Willy) Gort
Motion to APPROVED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Carollo, Gort, Sarnoff and Dunn II
Commissioner(s) Suarez
END OF APPROVING MINUTES
Order of the Day
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Marked Agenda March 25, 2010
CA.1 10-00247
Department of
Parks and
Recreation
CA.2 10-00248
Department of
Public Works
CONSENT AGENDA
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 NORTHWEST NORTH RIVER DRIVE AT NORTHWEST 2ND
STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID
PURPOSE.
10-00247 Legislation.pdf
10-00247 Summary Form.pdf
10-00247 Project Overview.pdf
10-00247 Maintenance.pdf
10-00247 Email.pdf
R-10-0138
MOVED: Richard Dunn II
SECONDED: Wifredo (Willy) Gort
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following
vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff and Dunn II
Commissioner(s) Carollo and Suarez
Note for the Record: Although modified, item CA.1 was adopted as part of the consent
agenda.
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
R-10-0133
This Matter was ADOPTED on the Consent Agenda.
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Marked Agenda March 25, 2010
CA.3 10-00249 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Police 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
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 Stats.pdf
R-10-0134
This Matter was ADOPTED on the Consent Agenda.
CA.4 10-00250 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Administration 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. 11500.152000.663000.0000.00000;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT
APPLICATION.
10-00250-Legislation-SUB.pdf
10-00250 Summary Form.pdf
R-10-0139
MOVED: Richard Dunn II
SECONDED: Wifredo (Willy) Gort
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following
vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff and Dunn II
Commissioner(s) Carollo and Suarez
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City Commission
Marked Agenda March 25, 2010
Note for the Record: Although modified, item CA.4 was adopted as part of the consent
agenda.
CA.5 10-00251 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Administration 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
R-10-0140
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
CA.6 10-00253 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Administration 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
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
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City Commission
Marked Agenda March 25, 2010
R-10-0135
This Matter was ADOPTED on the Consent Agenda.
CA.7 10-00257 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Administration 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
R-10-0136
This Matter was ADOPTED on the Consent Agenda.
CA.8 10-00254 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Administration 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
R-10-0137
This Matter was ADOPTED on the Consent Agenda.
Adopted the Consent Agenda
MOVED: Richard Dunn II
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City Commission
Marked Agenda March 25, 2010
SECONDED: Wifredo (Willy) Gort
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff and Dunn II
Commissioner(s) Carollo and Suarez
END OF CONSENT AGENDA
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City Commission
Marked Agenda March 25, 2010
SR.1 10-00317
FR.1 10-00179
City Manager's
Office
ORDINANCE - SECOND READING
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
MOVED: Richard Dunn II
SECONDED: Francis Suarez
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
Note for the Record: Item SR.1 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
END OF SECOND READING ORDINANCE
ORDINANCE - FIRST READING
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
MOVED: Wifredo (Willy) Gort
SECONDED: Francis Suarez
Motion that this matter be DEFERRED PASSED by the following vote.
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City Commission
Marked Agenda March 25, 2010
RE.1 10-00252
Department of
Capital
Improvements
Program
RE.2 10-00258
Department of
Capital
Improvements
Program
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff and Suarez
Commissioner(s) Carollo and Dunn II
Note for the Record: Item FR.1 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
END OF FIRST READING ORDINANCE
RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF
EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045,
ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT
"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 2.pdf
10-00252 Attachment A.pdf
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
Note for the Record: Item RE.1 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER AND THE
EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT
TRUST ("TRUST"), TO ENTER INTO A TRI-PARTY JOINT PARTICIPATION
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.
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Marked Agenda March 25, 2010
RE.3 10-00259
Office of
Transportation
RE.4 09-01363a
10-00258 Legislation.pdf
10-00258 Exhibit.pdf
10-00258 Summary Form.pdf
R-10-0147
MOVED: Francis Suarez
SECONDED: Richard Dunn II
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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.
10-00259 Legislation.pdf
10-00259 Exhibit.pdf
10-00259 Summary Form.pdf
10-00259 Funds Approval.pdf
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
Note for the Record: Item RE.3 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
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
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City Commission
Marked Agenda March 25, 2010
MOVED: Wifredo (Willy) Gort
SECONDED: Francis Suarez
Motion that this matter be DEFERRED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff and Suarez
Commissioner(s) Carollo and Dunn II
Note for the Record: Item RE.4 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
RE.5 09-01364a 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
MOVED: Wifredo (Willy) Gort
SECONDED: Francis Suarez
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff and Suarez
ABSENT:
Commissioner(s) Carollo and Dunn II
Note for the Record: Item RE.5 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
RE.6 10-00318 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Purchasing 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.
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Marked 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
MOVED: Wifredo (Willy) Gort
SECONDED: Francis Suarez
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff and Suarez
ABSENT:
Commissioner(s) Carollo and Dunn II
Note for the Record: Item RE.6 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
RE.7 10-00177 RESOLUTION
Department of
Public Works
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.B30680; 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
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
Note for the Record: Item RE.7 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
RE.8 10-00255 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Administration 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
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City Commission
Marked Agenda March 25, 2010
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
R-10-0142
MOVED: Francis Suarez
SECONDED: Richard Dunn II
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
RE.9 10-00256 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Administration 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.
10-00256 Legislation.pdf
10-00256 Exhibit.pdf
10-00256 Summary Form.pdf
R-10-0146
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
City ofMiami Page 15 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
RE.10 10-00356 RESOLUTION
Office of the City
Attorney
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
R-10-0143
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
NOES:
Commissioner(s) Carollo
RE.11 09-00451 RESOLUTION
Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING
Planning, APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY
Budgeting, and REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2009.
Performance
09-00451 Legislation 3-25-10.pdf
City ofMiami Page 16 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
R-10-0141
MOVED: Frank Carollo
SECONDED: Wifredo (Willy) Gort
UNANIMOUS
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following
vote.
AYES:
Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II
Direction by Vice Chair Carollo to the Administration for the Liberty City Trust, Virginia
Key Beach Park Trust, Civilian Investigative Panel, and their auditors to provide a report
to the Commission as to why they are late with their financial statements, and for the
City's external auditors to advise the City Commission as to why the City's financial
statements are not on time.
END OF RESOLUTIONS
DISCUSSION ITEM
DI.1 10-00265 DISCUSSION ITEM
Office of Strategic A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY
Planning, 2010 BUDGET.
Budgeting, and
Performance
10-00265 Summary Form.pdf
10-00265-Submittal-City of Miami Monthly Financial Statement.pdf
DISCUSSED
END OF DISCUSSION ITEM
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.
City ofMiami Page 17 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
13149
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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.
City ofMiami Page 18 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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.
09-01 300zc Analysis - NEW.pdf
09-01 300zc Zoning Map.pdf
09-01 300zc Aerial Map.pdf
09-01 300zc Miami21 Map.pdf
09-01 300zc Letter of Intent.pdf
09-01 300zc Application & Supporting Docs.pdf
09-01 300zc Survey.pdf
09-01 300zc ZB Reso.pdf
09-01 300zc CC Legislation (Version 2).pdf
09-013001u & 09-01 300zc Exhibit A.pdf
09-01 300zc CC SR 03-25-10 Fact Sheet.pdf
13150
MOVED: Francis Suarez
SECONDED: Richard Dunn II
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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
City ofMiami Page 19 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
09-00800xApplication & 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 03-25-10 Fact Sheet.pdf
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be CONTINUED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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
City ofMiami Page 20 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
MOVED: Francis Suarez
SECONDED: Richard Dunn II
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
Note for the Record: Item PZ.4 was deferred to the Commission meeting currently
scheduled for April 8, 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.
City ofMiami Page 21 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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 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
09-00698ha CC 03-25-10 Fact Sheet.pdf
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
Note for the Record: Item PZ.5 was deferred to the Commission meeting currently
scheduled for May 27, 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
City ofMiami Page 22 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
MOVED: Richard Dunn II
SECONDED: Francis Suarez
Motion that this matter be CONTINUED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
A motion was made by Commissioner Dunn, seconded by Commissioner Suarez, and
was passed unanimously, with Vice Chair Carollo absent, requesting that the Historic
and Environmental Preservation (HEP) Board review the designs at their April 6, 2010
meeting and subsequently make a recommendation to the Commission for the appeal.
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";
City ofMiami Page 23 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
10-001831u-Submittal-Jackie Bell.pdf
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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 O - 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; 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
City ofMiami Page 24 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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]; and 3) 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.
10-00185zc PAB Resos.pdf
10-00185zc CC Legislation (Version 2).pdf
10-00185zc Exhibit A.pdf
10-00185zc CC FR 03-25-10 Fact Sheet.pdf
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED
by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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.
City ofMiami Page 25 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 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
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES: Commissioner(s) Gort, Suarez and Dunn II
NOES:
ABSENT:
Commissioner(s) Sarnoff
Commissioner(s) Carollo
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
MOVED: Richard Dunn II
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
City ofMiami Page 26 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
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
MOVED: Richard Dunn II
SECONDED: Francis Suarez
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
PZ.12 09-01406zt 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.
City ofMiami Page 27 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
09-01406zt CC Legislation (Version 2).pdf
09-01406zt CC FR 03-25-10 Fact Sheet.pdf
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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 public hearing, except in Downtown Miami and Midtown.
09-01337zt CC Legislation (Version 2).pdf
09-01337zt CC FR 03-25-10 Fact Sheet.pdf
09-01337zt-Legislation-SUB. (Version 3)pdf
MOVED: Richard Dunn II
SECONDED: Francis Suarez
Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED
by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
Direction by Commissioner Dunn to the City Attorney to determine how Chapter 4,
Article I, Section 4-3 of the Code of the City of Miami, entitled "City Commission
Approval for Use and Extended Hours," could be extended to include areas of District 5.
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 ofMiami Page 28 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be DEFERRED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
Note for the Record: Item PZ.14 was deferred to the Commission meeting currently
scheduled for April 8, 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.
City ofMiami Page 29 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 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
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be CONTINUED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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
MOVED: Richard Dunn II
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
City ofMiami Page 30 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
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
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff and Suarez
Commissioner(s) Carollo and Dunn II
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.
City ofMiami Page 31 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 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
MOVED: Richard Dunn II
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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
MOVED: Francis Suarez
City ofMiami Page 32 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
PZ.20 10-00291zt-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.
Item #3- 10-00291zt-a- M21-Height Amend, Opt.A.pdf
Item # 12- 10-00291zt-a- M21-Height Amend, Opt.A.pdf
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
PZ.21 10-00291zt-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.
City ofMiami Page 33 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 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
MOVED: Francis Suarez
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT: Commissioner(s) Carollo
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.
City ofMiami Page 34 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
MOVED: Richard Dunn II
SECONDED: Wifredo (Willy) Gort
Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED
by the following vote.
AYES: Commissioner(s) Gort, Suarez and Dunn II
NOES:
ABSENT:
Commissioner(s) Sarnoff
Commissioner(s) Carollo
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.
City ofMiami Page 35 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be DEFERRED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
ABSENT:
Commissioner(s) Carollo
Note for the Record: Item PZ.23 was deferred to the Commission meeting currently
scheduled for April 8, 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 61ST STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
City ofMiami Page 36 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
M.1 09-01453b
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
MOVED: Wifredo (Willy) Gort
SECONDED: Richard Dunn II
Motion that this matter be DEFERRED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
Note for the Record: Item PZ.24 was deferred to the Commission meeting currently
scheduled for April 8, 2010.
END OF PLANNING AND ZONING ITEMS
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
09-01453b-Submittal-Mayor Regalado.pdf
City ofMiami Page 37 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
DISCUSSED
M.2 10-00181 a 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
1 0-001 81 a -Submittal -Law Department.pdf
R-10-0144
MOVED: Marc David Sarnoff
City ofMiami Page 38 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
SECONDED: Francis Suarez
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following
vote.
AYES:
NOES:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
END OF CITYWIDE ITEMS
DISTRICT 1
COMMISSIONER WIFREDO (WILLY) GORT
END OF DISTRICT 1
DISTRICT 2
CHAIRMAN MARC DAVID SARNOFF
D2.1 10-00320 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
NO ACTION TAKEN
D2.2 10-00315 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.
City ofMiami Page 39 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
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
NO ACTION TAKEN
END OF DISTRICT 2
DISTRICT 3
VICE-CHAIRMAN FRANK CAROLLO
D3.1 10-00270 DISCUSSION ITEM
DISCUSSION CONCERNING PARKS IN DISTRICT 3.
10-00270 Email.pdf
NO ACTION TAKEN
END OF DISTRICT 3
DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
END OF DISTRICT 4
DISTRICT 5
COMMISSIONER RICHARD P. DUNN, II
Non Agenda Items
NA.1 10-00393 DISCUSSION ITEM
DISCUSSION CONCERNING THE RESTRUCTURING OF THE CITY'S
HOUSING AND URBAN DEVELOPMENT (HUD) PROGRAM YEAR.
10-00393-Submittal-Commissioner Gort.pdf
10-00393-Submittal-Commissioner Gort 2.pdf
DISCUSSED
A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and
was passed unanimously, with Vice Chair Carollo absent, to have the Administration
come back with a recommendation regarding a change in the fiscal year start date for
CDBG, HOME, ESG, and HOPWA funds by the April 8, 2010 Commission Meeting.
NA.2 10-00388 RESOLUTION
City ofMiami Page 40 Printed on 3/30/2010
City Commission
Marked Agenda March 25, 2010
District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioner ATTACHMENT(S), URGING GOVERNOR CHARLIE CRIST AND THE
Marc David MEMBERS OF THE FLORIDA CABINET SERVING AS THE BOARD OF
Sarnoff TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE
OF FLORIDA") TO REVERT THE LAND COMMONLY REFERRED TO AS
THE "COCONUT GROVE PLAYHOUSE" BACK TO THE STATE OF
FLORIDA AS A RESULT OF THE RESTRICTIONS IN THE QUITCLAIM
DEED, ATTACHED AND INCORPORATED; URGING THE STATE OF
FLORIDA TO THEN CONVEY THE COCONUT GROVE PLAYHOUSE TO A
TO -BE NEWLY FORMED NOT FOR PROFIT CORPORATION CALLED
"THE GROVE PLAYHOUSE THEATRE, INC."; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED OFFICES.
10-00388-Leg islation. pdf
10-00388-Exhibit.pdf
R-10-0148
MOVED: Marc David Sarnoff
SECONDED: Richard Dunn II
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
Adjournment
A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and
was passed unanimously, with Vice Chair Carollo absent, to adjourn today's meeting.
City ofMiami Page 41 Printed on 3/30/2010