Loading...
HomeMy WebLinkAboutCC 2010-05-13 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 II, 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, May 13, 2010 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.6 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS 9:00 A.M.-Teatro Marti Property -Development Elderly Housing EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. Cliff' of 11611171 Page 1 Punted on 5/21.2010 City Commission Marked Agenda May 13, 2010 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 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 5/21/2010 City Commission Marked Agenda May 13, 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 13th day of May 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 12:04 p.m., reconvened at 2:21 p.m., recessed at 4:12 p.m., reconvened at 4:53 p.m., and adjourned at 7:15 p.m. Note for the Record: Vice Chair Carollo and Commissioner Suarez both entered the Commission chambers at 9:40 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Pamela L. Latimore, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 10-00586 MAYORAL VETOES Honoree Presenter Protocol Item Brian Park Wheelchair Program Champions Mayor Regalado Salutes Coach Noel Cubela Fernando Dibujes Kenny Hernandez Herman Sanchez Officer Manuel Gomez Commissioner Gort Commendation 10-00586 Protocol.pdf 1. Mayor Regalado and Commissioner Suarez paid tribute to Noel Cubela for his unrelenting commitment to making tennis accessible to Miami citizens in wheelchairs and for his outstanding leadership in the Bryan Park Wheelchair Tennis Program. 2. Commissioner Suarez presented Certificates of Merit to Fernando Dibujes, Kenny Hernandez, and Herman Sanchez honoring their countless hours of training and commitment to physical excellence and team spirit, resulting in local, state and international victories as participants in the Bryan Park Wheelchair Tennis Program. 3. Commissioner Carollo saluted Officer Manuel Gomez for his outstanding performance in the execution of his duties as Public Safety Officer for our neighborhoods, and acknowledged his extraordinary bravery and heroism and the meritorious outcomes of his work as both Patrol Officer and member of the Mounted Patrol Unit in Little Havana. 4. Mayor Regalado and Commissioner Sarnoff saluted Rosa Nazario for her outstanding tenure in Security Operations at Historic Miami City Hall, and applauded her gentle quality of reliability and thoughtful demeanor, and wished her all the best in her new undertakings. NO 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.) City ofMiami Page 3 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Regular Meeting of April 8, 2010 MOVED: Francis Suarez SECONDED: UNANIMOUS Wifredo (Willy) Gort Motion to APPROVED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF APPROVING MINUTES Order of the Day City ofMiami Page 4 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 CA.1 10-00431 Department of NET Administration CA.2 10-00538 Department of Public Facilities CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -NORTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $292,660, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A TWELVE-MONTH PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00431 Legislation. pdf 10-00431 Summary Form.pdf 10-00431 Letter. pdf 10-00431 Agreement. pdf 10-00431 Attachments. pdf R-10-0177 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, ("CITY") AND THE MIAMI-DADE COUNTY AVIATION DEPARTMENT, AN ADMINISTRATIVE AGENCY OF MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR THE PURPOSE OF OPERATING AND MAINTAINING NOISE MONITORING EQUIPMENT TO BE LOCATED AT FIVE CITY PARKS, FOR THE PURPOSE OF DETECTING AND MEASURING NOISE LEVELS ON THE GROUND GENERATED BY AIRCRAFT IN THE VICINITY OF MIAMI INTERNATIONAL AIRPORT, FOR A TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE-YEAR TERM, AT NO CHARGE, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE NON -SUBSTANTIVE AMENDMENTS TO SUCH LICENSE AS NEEDED. City ofMiami Page 5 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 CA.3 10-00430 Department of Parks and Recreation 10-00538 Legislation. pdf 10-00538 Exhibit.pdf 10-00538 Summary Form.pdf 10-00538 Park Pictures.pdf 10-00538 Noise Report.pdf 10-00538 Noise Monitors.pdf 10-00538 Noise Monitor Locations. pdf 10-00538 Memos. pdf 10-00538 Pre -License Agreement.pdf R-10-0180 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPANDING THE INTENT OF RESOLUTION NO. 09-0247, ADOPTED MAY 28, 2009, THAT APPROPRIATED FUNDS, IN THE AMOUNT OF $14,200, TO BE ADMINISTERED BY THE DEPARTMENT OF PARKS AND RECREATION THROUGH ITS PROGRAM FOR PERSONS WITH DISABILITIES, WHICH FACILITATED THE HIRING OF A PROJECT SEARCH STUDENT TO BE EMPLOYED IN THE CLASSIFICATION OF WORKER TRAINEE, TO ALLOW FOR THE HIRING OF SEVERAL PROJECT SEARCH STUDENTS TO BE EMPLOYED IN THE CLASSIFICATION OF WORKER TRAINEE, UNTIL THE FUNDS APPROPRIATED PURSUANT TO SAID RESOLUTION ARE EXHAUSTED. 10-00430 Legislation. pdf 10-00430 Summary Form.pdf 10-00430 Pre-Legislation.pdf R-10-0178 This Matter was ADOPTED on the Consent Agenda. CA.4 RESOLUTION 10-00428 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CHANGE ORDER TO BID CONTRACT NO. 191150, AWARDED TO TIP Department of TOP ENTERPRISES, INC., FOR TREE AND PALM RELOCATIONS, FOR Parks and ADDITIONAL CITY OF MIAMI REQUESTED SERVICES, FOR THE Recreation DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $96,800, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $128,640 TO AN AMOUNT NOT TO EXCEED $225,440; ALLOCATING FUNDS FOR SAID INCREASE, FROM TREE TRUST FUND ACCOUNT NUMBER 11500.152000.663000.0000.00000. City ofMiami Page 6 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 10-00428-Legislation-SUB. pdf 10-00428 Summary Form.pdf 10-00428 Pre-Legislation.pdf 10-00428 Award Recommendation. pdf 10-00428 Tabulation. pdf 10-00428 I FB. pdf R-10-0181 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II CA.5 RESOLUTION 10-00552 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE AGENCIES SPECIFIED IN "ATTACHMENT A", ATTACHED AND INCORPORATED, OR OTHER QUALIFIED AGENCIES, SHOULD ANY OF THE AGENCIES IN SAID ATTACHMENT WITHDRAW FROM THE PROCESS, AS RECIPIENTS OF TECHNICAL ASSISTANCE AWARDS FOR CAPACITY BUILDING ACTIVITIES, FOR A ONE-YEAR PERIOD EFFECTIVE JUNE 1, 2010; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $241,000, FROM ACCOUNT NO. 15500.150001.531000, THE COMPASSION CAPITAL FUND DEMONSTRATION GRANT PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, PURSUANT TO RESOLUTION NO. 07-0641, ADOPTED NOVEMBER 9, 2007. 10-00552 Legislation. pdf 10-00552 Exhibit.pdf 10-00552 Exhibit 2.pdf 10-00552 Summary Form.pdf R-10-0179 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Francis Suarez SECONDED: AYES: Frank Carollo Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II CA.6 RESOLUTION 10-00569 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 7 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 Office of Grants ATTACHMENT(S), ACCEPTING TWO (2) STIMULUS GRANTS, AWARDED Administration UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, IN A TOTAL AMOUNT NOT TO EXCEED $599,476; CONSISTING OF A GRANT FOR THE IMPLEMENTATION OF THE CITY OF MIAMI'S BICYCLE MASTER PLAN, IN THE AMOUNT OF $276,000; AND A GRANT FOR THE PROVISION AND TRAINING OF SCHOOL CROSSING GUARDS, IN THE AMOUNT OF $323,476; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARDS. PH.1 10-00423 Bayfront Park Management Trust 10-00569 Legislation. pdf 10-00569 Exhibit.pdf 10-00569 Exhibit 2.pdf 10-00569 Summary Form.pdf 10-00569-Submittal-School Crossing Guards Posts/ Vacancies.pdf R-10-0182 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Frank Carollo Francis Suarez Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF CONSENT AGENDA PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED AT BAYFRONT PARK, MIAMI, FLORIDA, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY TWELVE (12) FOOT WIDE BY EIGHTY NINE (89) FOOT LONG STRIP RUNNING NORTH/SOUTH, EASEMENT LOCATED BEHIND THE BAYFRONT PARK AMPHITHEATER, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 10-00423 Legislation. pdf 10-00423 Exhibit.pdf 10-00423 Summary Form.pdf 10-00423 Notice of Hearing Memo.pdf 10-00423 Notice of Hearing .pdf City ofMiami Page 8 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 9:00 A.M. R-10-0183 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II A sign language interpreter translated discussion of item PH.2. PH.2 RESOLUTION 10-00418 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROPERTY LOCATED AT 400-420 Department of SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, Community MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON EXHIBIT "A", ATTACHED Development AND INCORPORATED, COMMONLY KNOWN AS THE TEATRO MARTI PROPERTY, CONVEYED TO TEATRO MARTI APARTMENTS, LLC PURSUANT TO CITY OF MIAMI RESOLUTION NO. 09-0089 ADOPTED FEBRUARY 26, 2009, FOR THE DEVELOPMENT OF A MIXED -USE, ELDERLY HOUSING RENTAL PROJECT ON THE SITE, REVISING THE PROJECT RESTRICTIONS AND REQUIREMENTS AS INDICATED ON EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. EM.1 10-00570 10-00418 Legislation.pdf 10-00418 Exhibit.pdf 10-00418 Exhibit 2.pdf 10-00418 Summary Form.pdf 10-00418 Public Notice.pdf 10-00418 Goals.pdf 10-00418 Pre-Legislation.pdf 10-00418 Exhibit A.pdf 10-00418 Exhibit B.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF PUBLIC HEARINGS ORDINANCE - EMERGENCY ORDINANCE ORDINANCE (4/5THS VOTE) Emergency Ordinance City ofMiami Page 9 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 Office of the City AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION Attorney AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED", BY CREATING A DIVISION 6, ENTITLED, 'BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00570 Legislation. pdf 10-00570 Cover Memo.pdf MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS FAILED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II NOES: Commissioner(s) Carollo and Suarez END OF EMERGENCY ORDINANCE ORDINANCES - SECOND READING SR.1 ORDINANCE 10-00333 Department of Public Works SR.2 10-00385 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHWEST 12TH STREET BETWEEN 1-395 AND NORTHWEST 1ST AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00333 Legislation FR/SR.pdf 10-00333 Summary Form FR/SR.pdf 10-00333 Memo of Public Hearing FR/SR.pdf 10-00333 Notice of Public Hearing FR/SR.pdf 10-00333 Location Map FR/SR.pdf 13167 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION SCHEDULING AN City ofMiami Page 10 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 Office of the City ELECTION TO FILL, THE OFFICE OF COMMISSIONER DISTRICT NO. 1, Attorney AND, SUBJECT TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 5; SETTING NOVEMBER 2, 2010, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING SEPTEMBER 3, 2010 THROUGH SEPTEMBER 18, 2010, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR; FURTHER, SCHEDULING A RUN-OFF ELECTION TO FILL THE OFFICES OF COMMISSIONER DISTRICTS NO. 1 AND NO. 5, SAID ELECTION TO BE HELD ON NOVEMBER 16, 2010, UNLESS SAID OFFICES HAVE BEEN FILLED BY THE ELECTION OF A CANDIDATE AT THE ELECTION TO BE HELD ON NOVEMBER 2, 2010; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ADOPTION OF THIS ORDINANCE AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. SR.3 10-00179 City Manager's Office 10-00385 Legislation 5-13-10 FR/SR.pdf 10-00385 Cover Memo 5-13-10 FR/SR.pdf 13168 MOVED: SECONDED: UNANIMOUS Frank Carollo Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR 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 Legislation SR.pdf 10-00179 Summary Form FR/SR.pdf 13169 MOVED: SECONDED: Francis Suarez Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo City ofMiami Page 11 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 SR.4 ORDINANCE Second Reading 10-00497 AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO REQUIREMENTS OF FOUR -FIFTHS (4/5THS) VOTES AMENDING Districts - CHAPTER 2/ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, Commissioner FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF Richard Dunn II INTEREST, MORE PARTICULARLY BY AMENDING SECTION 2-614, ENTITLED "WAIVER OF REQUIREMENTS OF ARTICLE", ARTICLE XI/SECTION 2-884, ENTITLED "BOARDS, COMMITTEES, COMMISSIONS/MEMBERSHIP ON BOARDS:" CHAPTER 18/ARTICLE III ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE, MORE PARTICULARLY BY AMENDING SECTIONS 18-85, 18-89, 18-90 AND 18-92 AND CHAPTER 38/ARTICLE VI, ENTITLED "PARKS AND RECREATION/VIRGINIA KEY BEACH PARK TRUST, MORE PARTICULARLY AMENDING SECTION 38-233 TO CLARIFY THE DEFINITION OF THE FOUR -FIFTHS (4/5THS) VOTE REQUIREMENT FOR ALL SECTIONS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00497 Legislation FR/SR 5-13-10 .pdf 10-00497 Summary Memo SR.pdf SR.5 10-00488 13170 MOVED: SECONDED: UNANIMOUS Richard Dunn II Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), BY AMENDING DIVISION 17 ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD,"TO UPDATE THE MEMBERSHIP COMPOSITION, THE QUORUM REQUIREMENTS, AND THE REMOVAL OF MEMBERS; MORE PARTICULARLY BY AMENDING SECTIONS 2-1251 AND 2-1254 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR:CHAIRMAN SARNOFF 10-00488 Legislation SR.pdf 13171 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Francis Suarez City ofMiami Page 12 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 SR.6 10-00551 Honorable Mayor Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY AMENDING SECTION 2-887, ENTITLED "QUORUM REQUIREMENTS; EXCEPTION", TO ADD THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD AS A BOARD SUBJECT TO QUORUM REQUIREMENTS; FURTHER AMENDING SECTION 2-1203, ENTITLED " HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD", TO CHANGE THE QUORUM REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00551 Legislation SR.pdf 13172 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Frank Carollo Francis Suarez Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE 10-00419 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS", TO AMEND THE DEFINITION OF THE TERM "CONVENIENCE STORE" AND SECTION 4-3, ENTITLED "HOURS DURING WHICH SALES ARE ALLOWED; SUNDAY SALES", TO LIMIT THE HOURS FOR THE RETAIL SALE OF ALCOHOLIC BEVERAGES FROM CONVENIENCE STORES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR:CHAIRMAN SARNOFF 10-00419 Legislation.pdf 10-00419 Mimo Legislation.pdf MOVED: SECONDED: Francis Suarez Frank Carollo City ofMiami Page 13 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 FR.2 UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE First Reading 09-00094 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, Districts - FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT Commissioner INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN Richard Dunn II INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE;" TO AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. RE.1 10-00420 Civilian Investigative Panel 09-00094 Legislation.pdf 10-22-09 09-00094 Summary Memo 5-13-10.pdf 09-00094-Legislation 05-13-10.pdf MOVED: SECONDED: Richard Dunn II Frank Carollo Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Suarez and Dunn II NOES: Commissioner(s) Sarnoff END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING RETROACTIVELY THE CIVILIAN INVESTIGATIVE PANEL'S APPOINTMENT AND TERMS AND CONDITIONS OF EMPLOYMENT OF CAROL A. ABIA AS INTERIM EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL. 10-00420 Legislation. pdf 10-00420 Exhibit.pdf 10-00420 Cover Memo.pdf 10-00420 Cover Memo 2.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. City ofMiami Page 14 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item RE.1 was deferred to the City Commission meeting currently scheduled for May 27, 2010. RE.2 RESOLUTION 10-00421 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2010 - Department of DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY Fire -Rescue MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH & RESCUE READINESS COOPERATIVE AGREEMENT, AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT OF $1,041,900, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE, TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 10-00421 Legislation. pdf 10-00421 Summary Form.pdf 10-00421 Fund Title.pdf 10-00421 Grant Application Package. pdf 10-00421 USAR Guidance Kit. pdf R-10-0184 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.3 RESOLUTION 10-00422 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DEPARTMENT OF FIRE -RESCUE'S REQUEST OF THE USE OF GRANT Department of FUNDING TO INCREASE ITS TABLE OF ORGANIZATION BY SIX (6) Fire -Rescue CIVILIAN POSITIONS, IN ORDER TO ADEQUATELY ADDRESS THE PROGRAMMATIC AND FINANCIAL MANAGEMENT ACTIVITIES OF GRANTS THAT THE CITY OF MIAMI HAS BEEN AWARDED, AS STATED HEREIN; TERMINATING SAID POSITIONS ONCE THE GRANT FUNDING CEASES. 10-00422 Legislati on. pdf 10-00422 Summary Form.pdf 10-00422 Memo. pdf 10-00422 OMB Circular. pdf 10-00422 Class Specification. pdf 10-00422 Sub -Grant Agreement. pdf City ofMiami Page 15 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.4 RESOLUTION 10-00424 Office of Transportation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, THROUGH THE MIAMI-DADE TRANSIT AGENCY, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT AND USE FEDERAL TRANSIT ADMINISTRATION ("FTA") SECTION 5307 FORMULA GRANT FUNDS, IN THE AMOUNT OF $4,084,282, ALLOCATED TO THE CITY OF MIAMI ("CITY") BY THE AMERICAN RECOVERY AND REINVESTMENT ACT, FOR A TRANSIT CAPITAL PROJECT CONSISTING OF PURCHASING RUBBER -TIRE TROLLEY BUSES AND ANCILLARY EQUIPMENT; ALLOWING THE CITY TO OPERATE AND MAINTAIN MUNICIPAL CIRCULATOR SERVICES IN THE DOWNTOWN, BRICKELL, HEALTH DISTRICT, ALLAPATTAH, OVERTOWN, AND CORAL WAY NEIGHBORHOODS (B-30668), MIAMI, FLORIDA; IMPLEMENTING THE ACCEPTANCE OF SAID GRANT FUNDS TO BE APPROPRIATED BY SEPARATE RESOLUTION(S). 10-00424 Legislation. pdf 10-00424 Exhibit.pdf 10-00424 Summary Form.pdf 10-00424 Requirements.pdf 10-00424 Attachment B.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.5 RESOLUTION 10-00558 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PARTIALLY EXERCISE THE CITY OF MIAMI'S FIRST Department of OPTION TO RENEW THE PROFESSIONAL SERVICES AGREEMENT Capital WITH POST BUCKLEY SCHUH & JERNIGAN, INC., PURSUANT TO Improvements RESOLUTION NO. 08-0199, ADOPTED APRIL 10, 2008, FOR AN Program ADDITIONAL ONE (1) MONTH PERIOD OF THE FIRST OPTION YEAR, FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES FOR THE MULTI -YEAR CAPITAL IMPROVEMENTS PLAN; ALLOCATING FUNDS FOR SAID PURPOSE FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS. City ofMiami Page 16 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 10-00558 Legislation. pdf 10-00558 Summary Form.pdf 10-00558 Pre-Legislation.pdf 10-00558 Agreement. pdf R-10-0185 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.6 RESOLUTION 10-00557 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARKLANE TOWERS, LLC, FOR THE CITY OF MIAMI'S USE OF THE PARK LANE TOWERS SITE LOCATED AT 345 NORTHEAST 32ND STREET, MIAMI, FLORIDA, AS A PASSIVE PARK WHICH WILL BE MAINTAINED BY PARKLANE TOWERS, LLC, WITH CONDITIONS AS STATED MORE PARTICULARLY IN SAID AGREEMENT. SPONSOR: CHAIRMAN SARNOFF 10-00557-Legislation-SUB. pdf 09-00557-Exhi bit -SUB. pdf 10-00557-Submittal-Mallory Kauderer-Brickell Flat Iron Park Design. pdf R-10-0186 MOVED: SECONDED: UNANIMOUS Francis Suarez Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.7 RESOLUTION 10-00585 District 5 - Commissioner Richard Dunn II A RESOLUTION OF THE MIAMI CITY COMMISSION DENOUNCING ARIZONA SENATE BILL 1070, A LAW THAT SEEKS TO IMPLEMENT ARIZONA'S OWN SCHEME OF IMMIGRATION REGULATION THAT WILL INEVITABLY LEAD TO RACIAL PROFILING OF PEOPLE OF COLOR AND LIMITED ENGLISH PROFICIENCY; URGING THE CONGRESS OF THE UNITED STATES TO APPROVE LEGISLATION RELATED TO IMMIGRATION POLICIES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. City ofMiami Page 17 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 10-00585-Legislation-SUB. pdf 10-00585 Summary Memo. pdf R-10-0187 MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort and Dunn II NOES: ABSENT: Commissioner(s) Sarnoff Commissioner(s) Carollo and Suarez RE.8 RESOLUTION 10-00544 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING ADDITIONAL FUNDS TO THE MIMO BUSINESS IMPROVEMENT COMMITTEE, INC. ("MIMO BIC"), IN THE AMOUNT OF $50,000, TO FUND COSTS FOR THE CREATION OF A BUSINESS IMPROVEMENT DISTRICT FROM ACCOUNT CODE NUMBER 00001.980000.882000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE GRANT ACCEPTANCE AGREEMENT BETWEEN THE CITY OF MIAMI AND MIMO BIC, IN SUBTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES. SPONSOR:CHAIRMAN SARNOFF 10-00544 Legislation. pdf 10-00544 Exhibit.pdf R-10-0188 MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez RE.9 RESOLUTION 10-00562 Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING CERTAIN TERMS AND CONDITIONS ON EXHIBIT A ("EXHIBIT A") RELATED TO THE AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT TO ENTER") AND GROUND LEASE, BOTH BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"); AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO FINALIZE THE AMENDED AND RESTATED AGREEMENT TO ENTER INTO GROUND LEASE ("AMENDED AND RESTATED AGREEMENT TO ENTER") City ofMiami Page 18 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 BC.1 10-00338 Office of the City Clerk AND THE FORM OF AMENDED AND RESTATED GROUND LEASE(S) TO PROVIDE FOR, INTER ALIA: (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) ESTABLISHING AN ANNUAL PAYMENT SCHEDULE FOR ALL COMPONENTS COMMENCING WITH THREE HUNDRED THOUSAND DOLLARS ($300,000) AND INCREASING TO TWO MILLION DOLLARS ($2,000,000) NO LATER THAN THE YEAR 2018, SUBJECT TO CERTAIN CREDITS AND OTHER CONDITIONS RELATED TO DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (4) EXTENDING CERTAIN MILESTONE DATES IN THE TIMELINES FOR CONSTRUCTION COMMENCEMENT, COMPLETION, AND OTHER DEVELOPMENT MATTERS AS SET FORTH IN EXHIBIT A; AND (5) PROVIDING FOR SECURITY DEPOSIT(S) ON A COMPONENT BY COMPONENT BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND TO JULY 8, 2010, THE CURRENT AGREEMENT TO ENTER, IN ORDER TO FINALIZE THE AMENDED AND RESTATED AGREEMENT TO ENTER AND THE AMENDED AND RESTATED GROUND LEASE(S) FOR FINAL CONSIDERATION AT THE JULY 8, 2010 CITY COMMISSION MEETING. 10-00562 Legislation.pdf 10-00562 Exhibit.pdf 10-00562 Exhibit 2.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item RE.9 was deferred to the City Commission meeting currently scheduled for June 24, 2010. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00338 Arts CCMemo 05-13-2010.pdf 10-00338 Arts Current Members 05-13-2010.pdf City ofMiami Page 19 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.2 RESOLUTION 10-00339 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: 10-00339 Audit CCMemo.pdf 10-00339 Audit Current Members.pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Vice Chairman Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.3 RESOLUTION 10-00340 Office of the City Clerk BC.4 10-00341 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Elena Carpenter Commission At Large 10-00340 Bayfront CCMemo.pdf 10-00340 Bayfront Current Members.pdf R-10-0192 MOVED: Frank Carollo SECONDED: Wifredo (Willy) Gort ADOPTED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A City ofMiami Page 20 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 Office of the City Clerk BC.5 09-01462 Office of the City Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Christian Masciatti Chairman Marc Sarnoff Anthony Cantey Commissioner Richard Dunn II 10-00341 CEB CCMemo.pdf 10-00341 CEB Current Members.pdf R-10-0193 MOVED: SECONDED: ADOPTED RESOLUTION Francis Suarez Richard Dunn II A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Rodriguez Chairman Marc Sarnoff Barbara Rodriguez Commissioner Wifredo (Willy) Gort Samuel Latimore Commissioner Richard Dunn II Richard Dixon Commissioner Richard Dunn II 09-01462 CRB CCMemo.pdf 09-01462 CRB Memo and Resumes.pdf 09-01462 CRB Current Members.pdf R-10-0189 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.6 RESOLUTION City ofMiami Page 2] Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 10-00342 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Liliana Dones Chairman Marc Sarnoff Maria Mascarenes Chairman Marc Sarnoff Melissa Fernandez-Stiers Commissioner Francis Suarez Constance Gilbert Commissioner Richard Dunn II 10-00342 CSW CCMemo.pdf 10-00342 CSW Current Members.pdf R-10-0190 MOVED: SECONDED: UNANIMOUS Frank Carollo Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.7 RESOLUTION 10-00344 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Sandor Lennor Chairman Marc Sarnoff Pablo Acosta Commissioner Wifredo (Willy) Gort Manuel Vadillo Commissioner Francis Suarez Diana Gomez City Manager Carlos A Migoya 10-00344 Finance CCMemo.pdf 10-00344 Finance Current Members.pdf R-10-0194 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Francis Suarez Frank Carollo Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City ofMiami Page 22 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 BC.7A DISCUSSION ITEM 10-00674 BC.7B DISCUSSION REGARDING THE REMOVAL OF SYLVESTER LUKIS AND THE APPOINTING OF CAROL GARDNER TO THE FINANCE COMMITTEE. DISCUSSED RESOLUTION 10-00672 A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING SYLVESTER LUKIS AS A MEMBER OF THE FINANCE COMMITTEE. R-10-0207 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.7C RESOLUTION 10-00673 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CAROL GARDNER AS A MEMBER OF THE FINANCE COMMITTEE. R-10-0208 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.8 RESOLUTION 10-00468 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marta Laura Zayas City Manager Carlos A Migoya 10-00468 EAB CCMemo.pdf 10-00468 EAB Current Members.pdf R-10-0205 City ofMiami Page 23 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.9 RESOLUTION 10-00343 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Amarilys Perez AFSCME 1907 Louis Marshall III IAFF 10-00343 EO CCMemo.pdf 10-00343 EO Current Members.pdf 10-00343 AFSCME Local 1907.pdf 10-00343 Memo EO - IAFF.pdf R-10-0195 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.10 RESOLUTION 10-00204 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 10-00204 Health CCMemo.pdf 10-00204 Health Current Members.pdf CONTINUED NOMINATED BY: Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez City ofMiami Page 24 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 BC.11 RESOLUTION 10-00345 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Represents employers within the City) (Actively engaged as a not -for -profit provider of affordable housing) NOMINATED BY: Mayor Tomas Regalado Commission -at -Large Commission -at -Large Commission -at -Large (Representative of those areas of labor actively engaged in home building) 10-00345 HCLC CCMemo.pdf 10-00345 HCLC Current Members.pdf 10-00345 HCLC-Nominates.pdf CONTINUED BC.12 RESOLUTION 09-01318 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) (Youth Member) NOMINATED BY: Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II City ofMiami Page 25 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 09-01318 OAB CCMemo.pdf 09-01318 OAB Current Members.pdf 09-01318 OAB Board Memo.pdf 09-01318 OAB Applications.pdf CONTINUED BC.13 RESOLUTION 10-00346 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Pedro Mora Commissioner Wifredo (Willy) Gort 10-00346 NAB CCMemo.pdf 10-00346 NAB Current_Board_Members.pdf R-10-0196 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.14 RESOLUTION 10-00347 Office of the City Clerk BC.15 10-00348 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00347 PRAB CCMemo.pdf 10-00347 PRAB Current Members.pdf NOMINATED BY: Chairman Marc Sarnoff Vice Chairman Frank Carollo Commissioner Francis Suarez CONTINUED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING City ofMiami Page 26 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 Office of the City CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND Clerk ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Vice -Chairman Frank Carollo (Citizen) Vice -Chairman Frank Carollo (Architectural Historian) 10-00348 HEP CCMemo.pdf 10-00348 HEP Current Members.pdf 10-00348 List HEP Applicants Summary.pdf 10-00348 HEP Applications.pdf CONTINUED BC.16 RESOLUTION 10-00349 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Alvina Sumner 10-00349 Homeland CCMemo.pdf 10-00349 Homeland Current Members.pdf R-10-0197 MOVED: SECONDED: Richard Dunn II Francis Suarez NOMINATED BY: Commissioner 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 BC.17 RESOLUTION 10-00350 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carmenza Jaramillio Commissioner Wifredo (Willy) Gort Najib Tayara Commissioner Richard Dunn II City ofMiami Page 27 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 10-00350 MIC CCMemo.pdf 10-00350 MIC Current Members.pdf R-10-0198 MOVED: SECONDED: UNANIMOUS Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.18 RESOLUTION 10-00351 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Wilfredo (Willy) Gort Commissioner Wifredo (Willy) Gort Roland Smith Commissioner Richard Dunn II 10-00351 MSEA CCMemo.pdf 10-00351 MSEA Current Members.pdf R-10-0199 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.19 RESOLUTION 10-00554 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Allen Pruitt Chairman Marc Sarnoff Patrick Goggins Chairman Marc Sarnoff Guillermo Revuelta Commissioner Wifredo (Willy) Gort Lazaro Lopez Commissioner Wifredo (Willy) Gort City ofMiami Page 28 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 Charles Garavaglia Commissioner Francis Suarez Janice Tarbert Commissioner Francis Suarez Cornelius Shiver Commissioner Richard Dunn II Dr. Ernest Martin Commissioner Richard Dunn II 10-00554 PZAB CCMemo.pdf 10-00554 PZAB Applications.pdf R-10-0200 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.20 RESOLUTION 10-00357 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 10-00357 CTAB CCMemo.pdf 10-00357 CTAB Current Members.pdf CONTINUED BC.21 RESOLUTION 10-00012 Office of the City Clerk NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Todd Tragash Chairman Marc David Sarnoff 10-00012 UDRB CCMemo.pdf 10-00012 UDRB Current_Board_Members.pdf City ofMiami Page 29 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 R-10-0201 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.22 RESOLUTION 10-00378 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00378 Virginia Key CCMemo.pdf 10-00378 VKBPT Current_Board_Members.pdf CONTINUED BC.23 RESOLUTION 10-00209 Office of the City Clerk BC.24 09-00538 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ashley Chase Chairman Marc Sarnoff 10-00209 Waterfront CCMemo.pdf 10-00209 Waterfront Current Members. pdf R-10-0202 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING City ofMiami Page 30 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 Office of the City CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY Clerk COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ralph Pressley Commissioner Richard Dunn II Eric Thompson Commissioner Richard Dunn II Dennis Jackson II Commissioner Richard Dunn II Marcia Lightbourne Commissioner Richard Dunn II Roy Hardemon Commissioner Richard Dunn II Dorothy Bendross-Mindingall City Manager Carlos Migoya 09-00538 Liberty City CCMemo.pdf 09-00538 Liberty Current_Board_Members.pdf 09-00538 LCRT Applications.pdf R-10-0203 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II BC.25 RESOLUTION 10-00390 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA CORPORATION, FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Pablo Cisneros Commissioner Wifredo (Willy) Gort 10-00390 Bayside CCMemo.pdf 10-00390 Bayside Non City Board.pdf R-10-0204 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 31 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF BOARDS AND COMMITTEES PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 10-00316zt ORDINANCE Second 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 MEDIUM AND HIGH DENSITY MULTI -FAMILY (GENERAL 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 Medium and High Density Multi -Family (General Urban) zones and 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 5).pdf 10-00316zt CC SR 05-27-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: UNANIMOUS Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: Item PZ.1 was deferred to the City Commission meeting currently City ofMiami Page 32 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 scheduled for May 27, 2010. PZ.2 ORDINANCE 10-00374zt PZ.3 09-01344zt Second 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 MEASUREMENT OF STORIES AND MEZZANINES IN D1 - WORKPLACE DISTRICT ZONE, 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: Recommended approval to City Commission on April 7, 2010 by a vote of 7-0. PURPOSE: This will amend the Miami 21 Code to modify the measurement of stories and mezzanines in D1 - Workplace District zone. 10-00374zt PAB Reso.pdf 10-00374zt CC 05-13-10 Legislation (Version 2).pdf 10-00374zt CC SR 05-13-10 Fact Sheet.pdf 13173 MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez ORDINANCE Second Reading (4/STHS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CITY OF MIAMI CODE, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CREATING A NEW ARTICLE I "TREE PROTECTION IN GENERAL"; AMENDING AND CLARIFYING CERTAIN SECTIONS IN ARTICLE II ENTITLED "ENVIRONMENTAL PRESERVATION DISTRICTS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 33 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 PZ.4 09-01342zt 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 the City of Miami and in Environmental Preservation Districts, creating a new Article I "Tree Protection In General", amending and clarifying certain sections in Article II entitled "Environmental Preservation Districts". 09-01344zt CC Legislation (Version 5).pdf 09-01344zt CC SR 05-13-10 Fact Sheet.pdf 09-01344zt-Legislation-SUB (Version 6).pdf 13174 MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II NOES: Commissioner(s) Carollo ORDINANCE Second 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, 3, 4, AND 5 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, A TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES PROGRAM, AND AN INTERIM PARKING PROGRAM, TO AUTHORIZE CERTAIN TEMPORARY EVENTS, USES, AND INTERIM PARKING USES, AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City ofMiami Page 34 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 PZ.5 10-00361 zt 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 structures in conjunction with permanent outdoor recreational uses or recreational facilities program, and an interim parking program to authorize certain temporary events, use and interim parking uses. 09-01342zt CC Legislation (Version 4).pdf 09-01342zt CC SR 05-13-10 Fact Sheet.pdf 13175 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE Second 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 MODIFY THROUGHOUT THE MIAMI 21 CODE, THE DENSITY OF THE D-1 - WORK PLACE DISTRICT ZONE- FROM 18 UNITS PER ACRE TO 36 UNITS PER ACRE, 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: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will modify throughout the Miami 21 Code, the density of the D-1 - Work Place District Zone from 18 units per acre to 36 units per acre. 10-00361zt PAB Reso.pdf 10-00361zt CC 05-13-10 Legislation (Version 2).pdf 10-00361zt CC SR 05-13-10 Fact Sheet.pdf 13176 City ofMiami Page 35 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 PZ.6 10-00519 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE Second 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, AS AMENDED, TO ADD THE LANDSCAPE ORDINANCE, THE HEAT ISLAND EFFECT (ROOF AND NON -ROOF) ORDINANCES, THE BICYCLE PARKING ORDINANCE, AND THE OPEN AIR GREEN MARKETS ORDINANCE, ADOPTED ON OCTOBER 22, 2009, AND JANUARY 28, 2010, TO 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 conform certain green initiatives approved under Ordinance No. 11000 with the Miami 21 Code. 10-00519 Summary Form.pdf 10-00519 CC Legislation (Version 2).pdf 10-00519 CC SR 05-13-10 Fact Sheet.pdf 13177 MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONER'S ITEMS CITYWIDE City ofMiami Page 36 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 HONORABLE MAYOR TOMAS REGALADO M.1 DISCUSSION ITEM 10-00560 DISCUSSION RELATED TO THE IMPLEMENTATION OF MIAMI 21 ZONING CODE INCLUDING THE PROCESS FOR AMENDMENTS OR REPEAL AND PROCEDURE FOR CHANGING THE IMPLEMENTATION DATE OF THE MIAMI 21 CODE AND ANY NECESSARY AMENDMENTS TO ANCILLARY CODE PROVISIONS. 10-00560 Memo.pdf DISCUSSED M.2 DISCUSSION ITEM 10-00559 DISCUSSION ABOUT ESTABLISHING A CITY OF MIAMI WORKFORCE AGENCY. 10-00559 Memo.pdf DISCUSSED (M.2) RESOLUTION 10-00559a A RESOLUTION OF THE MIAMI CITY COMMISSION RECOMMENDING TONY CRAPP, JR. AS THE CITY OF MIAMI'S REPRESENTATIVE TO THE SOUTH FLORIDA WORKFORCE AGENCY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. R-10-0191 MOVED: SECONDED: UNANIMOUS Richard Dunn II Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF City ofMiami Page 37 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 D2.1 DISCUSSION ITEM 10-00563 DISCUSSION REGARDING CITY OF MIAMI RESPONSE TO VARIOUS CATEGORIES OF NOISE VIOLATIONS. 10-00563 Email.pdf 10-00563-Submittal-Commissioner Sarnoff.pdf DISCUSSED END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 DISCUSSION ITEM 10-00270 DISCUSSION CONCERNING PARKS IN DISTRICT 3. D3.2 10-00407 10-00270 Email.pdf WITHDRAWN DISCUSSION ITEM DISCUSSION REGARDING THE FIVE DAY RULE. 10-00407 Email.pdf WITHDRAWN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 Non Agenda Items NA.1 DISCUSSION ITEM City ofMiami Page 38 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 10-00632 NA.2 10-00638 NA.3 10-00642 NA.4 10-00634 Office of the City Attorney INTRODUCTION BY THE CITY MANAGER OF THREE NEW DEPARTMENT DIRECTORS FOR PUBLIC WORKS, CAPITAL IMPROVEMENTS, AND GENERAL SERVICES ADMINISTRATION. DISCUSSED DISCUSSION ITEM STATEMENT BY MAYOR REGALADO REGARDING GOVERNOR CRIST'S SIGNING OF THE RED LIGHT CAMERA LEGISLATION INTO LAW. DISCUSSED PRESENTATION PRESENTATION BY THE CITY MANAGER'S OFFICE REGARDING THE CITY OF MIAMI'S BUDGET. 10-00642-Submittal-Multi-Year Budget Analysis and Labor Market Context.pdf PRESENTED ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED", BY CREATING A DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00634 Legislation SR.pdf 10-00634 Cover Memo SR.pdf 10-00634 Map SR.pdf MOVED: Frank Carollo SECONDED: Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: NOES: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez Note for the Record: Based on the discussion on item EM1 (File ID: 10-00570) and the City Attorney's comments on same, this ordinance (File ID: 10-00634) is created and was passed on first reading. NA.5 RESOLUTION 10-00645 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING HATTI WILLIS AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. City ofMiami Page 39 Printed on 5/21/2010 City Commission Marked Agenda May 13, 2010 R-10-0206 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo NA.6 EXECUTIVE SESSION 10-00629 Office of the City Attorney UNDER THE PARAMETERS OF F. S. §286.011(8), F.S. [2008]. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING CONSOLIDATED LITIGATION CASE OF: COLINDRES VS. CITY OF MIAMI, CASE NO.: 07-13294 CA 03, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY OF MIAMI IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN MARC DAVID SARNOFF, FRANK CAROLLO, WIFREDO (WILLY) GORT, FRANCIS SUAREZ AND RICHARD P. DUNN, II; THE CITY MANAGER, CARLOS A. MIGOYA; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY WARREN R. BITTNER; AND ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 10-00629 Cover Memo.pdf 10-00629 Ad. pdf DISCUSSED Adjournment A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Carollo absent, to adjourn today's meeting. City ofMiami Page 40 Printed on 5/21/2010