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HomeMy WebLinkAboutCC 2010-05-27 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com I NCOFIP- 9FFUT'. 151.4113 rf}„VV. Meeting Agenda Thursday, May 27, 2010 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda May 27, 2010 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT AGENDA OFFICE/MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY City ofMiami Page 2 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * * * * * * * * * * * * * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.3 may be heard in the number sequence or as announced by the Commission PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCE SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS EX - EXECUTIVE SESSION 2:00 P.M. Colindres vs. City of Miami PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. PZ.8 shall not be considered before 4:00 pm. City ofMiami Page 4 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 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 City ofMiami Page 5 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 10-00651 MAYORAL VETOES PRESENTATION Honoree National Travel and Tourism Week Javier Ortiz Jose Cerdan Hicham Chibi Shaunte Lisanne Butler Teen Curfew Team Members Major Craig McQueen, Commander Keith Cunningham Officer Keandra Simmons Special Presentations City of Miami Department of Fire-Rescue- 2010 ALS Peer Recognition Awards 10-00651 Protocol.pdf P resenter Mayor Regalado Mayor Regalado Mayor Regalado Mayor Regalado/ Commissioner Dunn Commissioner Dunn Commissioner Dunn Protocol Item Proclamation Certificate of Merit Certificate Appreciation Salute Certificate of Merit Certificates of Appreciation (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of April 22, 2010 END OF APPROVING MINUTES City of Miami Page 6 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA.1 through CA.3 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion. "...that the Consent Agenda comprised of items CA.1 through CA.3 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now be taken. CA.1 10-00573 Office of Grants Administration CA.2 10-00571 Department of NET Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "PRESERVE AMERICA VIZCAYA MUSEUM AND GARDENS" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE NATIONAL PARK SERVICE, IN AN AMOUNT NOT TO EXCEED $50,000, FOR A TWO (2) YEAR PERIOD; AUTHORIZING THE ACCEPTANCE OF THE REQUIRED MATCH IN THE AMOUNT OF $52,133, AS STATED HEREIN, TO BE PROVIDED BY VIZCAYA MUSEUM AND GARDENS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00573 Legislation. pdf 10-00573 Exhibit.pdf 10-00573 Summary Form.pdf 10-00573 Letter. pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010 SUPPORTIVE SERVICES GRANT" (SUPERNOFA), AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $251,071, CONSISTING OF A GRANT FROM THE UNITED STATES HOUSING AND URBAN DEVELOPMENT DEPARTMENT, ADMINISTERED BY THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A TWELVE-MONTH PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00571 Legislation. pdf 10-00571 Exhibit.pdf 10-00571 Summary Form.pdf 10-00571 Letter. pdf City of Miami Page 7 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 CA.3 10-00572 Department of NET Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -SOUTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $138,789, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, MANAGED LOCALLY BY 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 AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00572 Legislation. pdf 10-00572 Exhibit.pdf 10-00572 Summary Form.pdf 10-00572 Letter. pdf END OF CONSENT AGENDA City of Miami Page 8 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PERSONAL APPEARANCE Note: Legislation may result from City Commission consideration of any personal appearance. PA.1 10-00574 PRESENTATION MR. WILLIAM TALBERT, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION REGARDING AN UPDATE ON THE STATE OF THE INDUSTRY CONCERNING TOURISM AND HOSPITALITY. 10-00574 Email.pdf END OF PERSONAL APPEARANCE City of Miami Page 9 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PH.1 09-01230 Department of Public Facilities PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING COMPETITIVE SEALED BIDDING PROCEDURES BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, FOR THE CONTINUED RENTAL OF A ONE HUNDRED (100) TON AIR COOLED CHILLER FOR THE MANUEL ARTIME COMMUNITY CENTER AS AN EMERGENCY PROCUREMENT UNTIL PERMANENT REPAIRS ARE COMPLETED IN FULL, FOR A FOUR (4) MONTH PERIOD, IN A MONTHLY AMOUNT OF $4,500, AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $18,000, TO AGGREKO, LLC., UNDER THE SAME PRICE, TERMS AND CONDITIONS SET FORTH WITHIN INVITATION FOR QUOTATION NO. 194156; ALLOCATING FUNDS FROM MANUEL ARTIME CAPITAL IMPROVEMENT PROJECT B# 30501-A, AS STATED HEREIN; AUTHORIZING ANY FURTHER MONTHLY EXTENSIONS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01230 Legislation.pdf 09-01230 Summary Form.pdf 09-01230 Waiver Memo.pdf 09-01230 Notice Memo.pdf 09-01230 Notice of PH.pdf END OF PUBLIC HEARING City of Miami Page 10 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 ORDINANCE -EMERGENCY (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs) EM.1 10-00658 Honorable Mayor Tomas Regalado ORDINANCE EMERGENCY ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A ONE -HUNDRED TWENTY (120) DAY TEMPORARY MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR COIN OPERATED MACHINES; AMUSEMENT MACHINES; PROVIDING FOR DISSOLUTION UPON AMENDMENT TO CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE AMENDED ORDINANCE, A SEVERABILITY CLAUSE AND AN IMMEDIATE EFFECTIVE DATE. 10-00658 Legislation. pdf END OF EMERGENCY ORDINANCE City of Miami Page 11 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 ORDINANCE - SECOND READING Note: Any proposed ordinance listed as an item for second reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. SR.1 10-00634 Office of the City Attorney 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 DATE: MAY 13, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF AND DUNN II NOES: 1 - COMMISSIONER(S) SUAREZ ACTION: PASSED ON FIRST READING --PASSED END OF ORDINANCE - SECOND READING City ofMiami Page 12 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 ORDINANCES - FIRST READING Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. FR.1 10-00631 Honorable Mayor Tomas Regalado ORDINANCE FIRST 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 CREATING A NEW DIVISION 9 ENTITLED "MIAMI ADVISORY COMMITTEE ON ELEVATE MIAMI;" CONTAINING SECTIONS ESTABLISHING THE COMMITTEE; SETTING FORTH THE TERMS OF THE COMPOSITION OF THE COMMITTEE, QUORUM, AND DUTIES; ASSIGNING STAFF AND LIAISON; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00631 Legislation. pdf FR.2 ORDINANCE FIRST READING 10-00659 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62 OF THE CODE OF THE CITY Districts - OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND Commissioner PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING Richard Dunn II APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY AMENDING SECTIONS 62-602 AND 62-606, WITH RESPECT TO THE MURAL REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO INCLUDE PART OF THE DESIGN DISTRICT AS AN ADDITIONAL AREA FOR THE PLACEMENT OF MURALS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00659 Legislation. pdf 10-00659 Exhibit.pdf FR.3 ORDINANCE FIRST READING 10-00661 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE II, SECTION 2-33 OF THE CODE OF THE CITY OF District3- MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR Commissioner Frank AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF Carollo PROCEDURE", TO PROVIDE FOR A WAIVER OR SUSPENSION OF THE DISTRIBUTION OF AGENDA ITEMS RULE ONLY BY UNANIMOUS VOTE OF THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00661 Legislation. pdf END OF FIRST READING ORDINANCES City ofMiami Page 13 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 RE.1 10-00591 Honorable Mayor Tomas Regalado RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TERMINATE AN AGREEMENT WITH THE DADE COMMUNITY FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION; REQUIRING THE DADE COMMUNITY FOUNDATION, INC. TO RETURN ANY MONIES AND ASSETS ORIGINALLY PROVIDED TO THE FOUNDATION BY AND FOR THE CITY OF MIAMI; AND AUTHORIZING THE CITY MANAGER TO TRADEMARK ELEVATE MIAMI, IN ORDER FOR THE CITY OF MIAMI TO FURTHER PROMOTE ELEVATE MIAMI. 10-00591 Legislation. pdf RE.2 RESOLUTION 10-00578 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE Department of CITY MANAGERS EXECUTION OF MODIFICATION #1 TO GRANT Fire -Rescue AGREEMENT ("MODIFICATION #1"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT (THE "FLORIDA DEM") ON BEHALF OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY OFFICE OF GRANTS AND TRAINING (THE "FEDERAL DEPARTMENT) IN ORDER TO REINSTATE, MODIFY AND EXTEND THE FLORIDA DEM'S CONTRACT NUMBER 09DS 24 11 23 01 011 CFDA NUMBER 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT, DATED AUGUST 21, 2008 (THE "ORIGINAL AGREEMENT") IN ORDER TO EXTEND THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007), FROM APRIL 30, 2010 TO JUNE 30, 2010; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2007) GRANT AWARD AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECTS ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON THE FUNDING OF THE UASI PROJECTS BEING SECURED IN THE FORM OF GRANTS FROM THE FEDERAL DEPARTMENT THROUGH FLORIDA DEM. RE.3 10-00555 Office of Strategic Planning, Budgeting, and Performance 10-00578 Legislation. pdf 10-00578 Exhibit.pdf 10-00578 Summary Form.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), UPDATING THE MULTI -YEAR CAPITAL PLAN BY APPROPRIATING NEW FUNDING AND CONTINUING PREVIOUSLY APPROVED CAPITAL PROJECTS FOR FISCAL YEAR 2010. City ofMiami Page 14 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 10-00555 Legislation. pdf 10-00555 Exhibit.pdf 10-00555 Summary Form.pdf City of Miami Page 15 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 RE.4 10-00427 Office of Strategic Planning, Budgeting, and Performance RE.5 10-00420 Civilian Investigative Panel RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010. 10-00427 Legislation.pdf 10-00427 Summary Form.pdf 10-00427 Budget Adjustments.pdf 10-00427 Revenue Adjustments.pdf 10-00427 Expenditure Adjustments. pdf 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 DATE: MAY 13, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: DEFERRED --PASSED RE.6 RESOLUTION 10-00613 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE TO THE SOFTWARE LICENSE AND SERVICES AGREEMENT Department of ("AGREEMENT") WITH ORACLE CORPORATION ("ORACLE"), Information PURSUANT TO RESOLUTION NO. 08-0128, ADOPTED MARCH 13, 2008, Technology IN AN AMOUNT NOT TO EXCEED $1,276,615 ,THEREBY INCREASING THE TOTAL AGREEMENT AMOUNT FROM $1,501,320 TO AN AMOUNT NOT TO EXCEED $2,777,935, FOR SUPPORT AND MAINTENANCE FOR ORACLE'S ENTERPRISE RESOURCE PLANNING APPLICATION, DATABASE, TOOLS, AND SOFTWARE FOR APPROXIMATELY A THREE AND A HALF (3 1/2) YEAR PERIOD; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE OPERATING BUDGET OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT NO. 00001.251000.546000.0.0. 10-00613 Legislation .pdf 10-00613 Summary Form.pdf 10-00613 Pre Legislation.pdf 10-00613 Pre Legislation 2.pdf 10-00613 Pre Legislation 3.pdf City of Miami Page 16 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 RE.7 10-00664 District 3- Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MEMBERS OF CONGRESS TO INCREASE THE PERCENTAGE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOWED FOR PUBLIC SERVICES FROM FIFTEEN PERCENT (15%) TO TWENTY- FIVE PERCENT (25%); FURTHER DIRECTING THE CITY OF MIAMI'S LEGISLATIVE LOBBYING TEAM TO ENCOURAGE THE MEMBERS OF CONGRESS TO FULFILL SAID REQUEST; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 10-00664 Legislation. pdf END OF RESOLUTIONS City of Miami Page 17 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 BC.1 10-00465 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION 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: (Regular Member) (Alternate Member) NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Chairman Marc Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo 10-00465 PZAB CCMemo.pdf 10-00465 PZAB Applications.pdf 10-00465 PZAB Current_Board_Members.pdf END OF BOARDS AND COMMITTEES City of Miami Page 18 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. DI.1 10-00265b Office of Strategic Planning, Budgeting, and Performance DI.2 10-00001 b Office of the City Attorney DISCUSSION ITEM A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY 2010 BUDGET. 10-00265b Summary Form.pdf DISCUSSION ITEM DISCUSSION OF PROPOSED COMPROMISE LANGUAGE REGARDING THE MIAMI RIVER SUB -ELEMENT OF THE CITY OF MIAMI COMPREHENSIVE PLAN TO BE SUBMITTED TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR A COMPLIANCE AGREEMENT. 10-00001 b Cover Memo.pdf 10-00001b Future Land Use.pdf 10-00001 b Addresses.pdf 10-00001 b Map. pdf END OF DISCUSSION ITEMS City of Miami Page 19 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 2:00 P.M. ES.1 10-00629 Office of the City Attorney EXECUTIVE SESSION EXECUTIVE SESSION 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 DATE: MAY 13, 2010 ACTION: DISCUSSED END OF EXECUTIVE SESSION City of Miami Page 20 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 10-00295ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT AND BETWEEN NORTHEAST 17TH STREET AND NORTHEAST 17TH TERRACE, MIAMI, FLORIDA. LOCATION: Approximately Located between N Miami Avenue and NE Miami Court and between NE 17th Street and NE 17th Terrace [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Prince Albert, LLC FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on February 4, 2010 by a vote of 6-0. ZONING BOARD: Recommended approval, which failed, constituting a recommendation of denial to City Commission on April 12, 2010 by a vote of 3-3. PURPOSE: This will allow a unified development site. 10-00295ac Analysis. pdf 10-00295ac Public Works Analysis. pdf 10-00295ac Plat & Street Letter. pdf 10-00295ac Zoning Map.pdf 10-00295ac Aerial Map.pdf 10-00295ac Miami 21 Map.pdf 10-00295ac Letter of Intent.pdf 10-00295ac Application & Supporting Docs. pdf 10-00295ac Survey. pdf 10-00295ac ZB Reso. pdf 10-00295ac CC Legislation (Version 2).pdf 10-00295ac Exhibit A. pdf 10-00295ac CC 05-27-10 Fact Sheet. pdf City of Miami Page 21 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PZ.2 08-00219ec RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE EASEMENTS IN BICENTENNIAL PARK LOCATED EAST OF BISCAYNE BOULEVARD BETWEEN NORTHEAST 9TH STREET AND I-395, MIAMI, FLORIDA. LOCATION: Approximately Located East of Biscayne Boulevard between NE 9th Street and 1-395 [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with a condition*. PLAT & STREET COMMITTEE: Recommended approval on June 2, 2009 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on March 22, 2010 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a unified development site for the previously -approved Museum Park Master Plan. 08-00219ec Analysis. pdf 08-00219ec Zoning Map.pdf 08-00219ec Aerial Map.pdf 08-00219ec Miami21 Map.pdf 08-00219ec Public Works Analysis. pdf 08-00219ec Plat & Street Letter. pdf 08-00219ec Survey. pdf 08-00219ec ZB Reso.pdf 08-00219ec CC Application & Supporting Documents.pdf 08-00219ec CC Legislation (Version 2).pdf 08-00219ec Exhibit A. pdf 08-00219ec CC 05-27-10 Fact Sheet. pdf City of Miami Page 22 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PZ.3 10-00183Iu 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 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by a vote of 8-0. See related File ID 10-00185zc. PURPOSE: This will change the above property to "Restricted Commercial'. 10-001831u Analysis.pdf 10-001831u Land Use Map.pdf 10-001831u Aerial Map.pdf 10-001831u PAB Reso.pdf 10-001831u CC Legislation (Version 2).pdf 10-001831u Exhibit A.pdf 10-001831u CC SR 05-27-10 Fact Sheet.pdf DATE: MOVER: SECONDER: VOTE: ACTION: MARCH 25, 2010 COMMISSIONER SUAREZ COMMISSIONER GORT AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) CAROLLO PASSED ON FIRST READING --PASSED City ofMiami Page 23 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 DATE: APRIL 22, 2010 MOVER: COMMISSIONER DUNN II SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: CONTINUED --PASSED City ofMiami Page 24 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PZ.4 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, BED AND BREAKFASTS, AND MUSEUMS 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 to grant Exceptions for professional offices, bed and breakfasts, and museums, 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 DATE: MARCH 25, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) GORT, SUAREZ AND DUNN II NOES: 1 - COMMISSIONER(S) SARNOFF ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED DATE: APRIL 22, 2010 City ofMiami Page 25 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER DUNN II VOTE: AYES: 2 - COMMISSIONER(S) SUAREZ AND DUNN II NOES: 2 - COMMISSIONER(S) GORT AND SARNOFF ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: ADOPTED --FAILED DATE: APRIL 22, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER DUNN II VOTE: AYES: 3 - COMMISSIONER(S) GORT, SUAREZ AND DUNN II NOES: 1 - COMMISSIONER(S) SARNOFF ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: RECONSIDERED --PASSED DATE: APRIL 22, 2010 MOVER: COMMISSIONER GORT SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: DEFERRED --PASSED DATE: MAY 13, 2010 MOVER: COMMISSIONER DUNN II SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: DEFERRED --PASSED City ofMiami Page 26 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PZ.5 08-00698ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED BY MIAMI-DADE COUNTY PUBLIC SCHOOLS AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A TREE REMOVAL PERMIT FOR EIGHT (8) BISHOPWOOD TREES AT MIAMI SENIOR HIGH SCHOOL LOCATED AT SOUTHWEST 3RD STREET BETWEEN SOUTHWEST 24TH AND SOUTHWEST 25TH AVENUES, MIAMI, FLORIDA, AFTER FINDING THE TREE REMOVAL DOES NOT COMPLY WITH THE CRITERIA FOR TREE REMOVAL SET FORTH ARTICLE 8.1 OF THE ZONING ORDINANCE. LOCATION: Approximately 2450 SW 1st Street [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Luis M. Garcia, Esquire, on behalf of Miami -Dade County Public Schools and Zyscovich Architects FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied a motion to approve the appeal of the decision of the Public Works director of a Tree Removal Permit on January 5, 2010 by a vote of 6-3. PURPOSE: The approval of this appeal will allow the removal of eight Bishopwood trees at Miami Senior High School. 08-00698ha Zoning Map.pdf 08-00698ha Aerial Map.pdf 08-00698ha CC Appeal Letter.pdf 08-00698ha HEPB Reso.pdf 08-00698ha HEPB 01-05-10 Fact Sheet.pdf 08-00698ha Miami -Dade County Landscape Manual.pdf 08-00698ha City of Miami Code of Ordinances Sec. 17-37.pdf 08-00698ha City of Miami Code of Ordinances Sec. 24-49.9.pdf 08-00698ha City of Miami Excerpts from Sec. 8.1 of the Zoning Code.pdf 08-00698ha Proc. Fla. State Hort. Soc. 97, 1984.pdf 08-00698ha HEPB Appeal Letter with Plans & Pictures.pdf 08-00698ha Regina Hagger Email #2 Regarding Protest.pdf 08-00698ha Neil D. Kolner Letter.pdf 08-00698ha Regina Hagger Emails #1 Regarding Protest.pdf 08-00698ha Department of Public Works Notice Posted.pdf 08-00698ha Tree Permit Application.pdf 08-00698ha CC Legislation (Version 2).pdf 08-00698ha CC Legislation (Version 3).pdf 08-00698ha Handed out by Residents.pdf 08-00698ha HEPB 01-05-10 Transcripts.pdf 08-00698ha HEPB 12-01-09 Transcripts.pdf 08-00698ha CC 05-27-10 Fact Sheet.pdf City of Miami Page 27 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 DATE: JANUARY 28, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER GORT VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED DATE: FEBRUARY 25, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) CAROLLO, GORT AND DUNN II ABSENT: 2 - COMMISSIONER(S) SARNOFF AND SUAREZ ACTION: CONTINUED --PASSED DATE: MARCH 25, 2010 MOVER: COMMISSIONER GORT SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: DEFERRED --PASSED City ofMiami Page 28 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PZ.6 09-01 200ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY 83-93 S.W. 8TH STREET, LLC ("OWNER") AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, WHICH DESIGNATED 83 SOUTHWEST 8TH STREET/729 SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS A HISTORIC RESOURCE, AND LISTING OR REMOVING THE LISTING OF THE PROPERTY IN THE MIAMI REGISTER OF HISTORIC PLACES, AFTER FINDING THAT THE PROPERTY MEETS OR DOES NOT MEET CRITERIA (4) AND (5) IN SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THAT THE OFFICIAL HISTORIC AND ENVIRONMENTAL ATLAS OF THE CITY OF MIAMI BE OR NOT BE AMENDED TO REFLECT ITS DESIGNATION. LOCATION: Approximately 83 SW 8th Street/729 SW 1st Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Francisco J. Aguero, Esquire and Gerardo A. Vazquez, Esquire, on behalf of 83-93 S.W. 8th Street, LLC FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Granted the designation on October 6, 2009 by a vote of 6-1. PURPOSE: The approval of this appeal will not designate the properties above as a historic site. 09-01200ha HEPB Appeal Letter & Supplement.pdf 09-01200ha Aerial Map.pdf 09-01200ha HEPB Reso.pdf 09-01200ha HEPB Fact Sheet.pdf 09-01200ha Commercial Building Complex Designation Report.pdf 09-01200ha CC Legislation (Version 2).pdf 09-01200ha CC Legislation (Version 3).pdf 09-01200ha CC 05-27-10 Fact Sheet.pdf City ofMiami Page 29 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 PZ.7 09-01464za 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, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Bob de la Fuente, 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 March 22, 2010 by a vote of 6-1. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Legislation (Version 3).pdf 09-01464za CC Legislation (Version 4).pdf 09-01464za CC 05-27-10 Fact Sheet.pdf City of Miami Page 30 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 The following item(s) shall not be considered before 4:00 pm. PZ.8 04-01208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED BY THE PLANNING DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION, SUBJECT TO THE CONDITIONS AND SAFEGUARDS AS ARE PROVIDED HEREIN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA. LOCATION: Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPLICANT(S): Susan E. Trench, Esquire, on behalf of Chetbro, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE(S): On October 7, 2009, the Third District Court of Appeal ordered that the City Commission limit its review to the record of the Zoning Board. 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB 10-04-04 Reso.PDF 04-01208 Exhibit A.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Referral.PDF 04-01208 Class II Final Decision.PDF 04-01208 UDRB Reso.PDF 04-01208 October 4, 2004 ZB Transcript.pdf 04-01208 CC Fully -Executed Legislation (Version 10).pdf 04-01208 CC Fully -Executed Legislation (Version 11).pdf 04-01208 CC 05-27-10 Fact Sheet.pdf City of Miami Page 31 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 DATE: MOVER: SECONDER: VOTE: ACTION: DATE: ACTION: DATE: ACTION: DATE: ACTION: DATE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: ACTION: DATE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: ACTION: DATE: NOVEMBER 18, 2004 COMMISSIONER WINTON COMMISSIONER ALLEN AYES: 4 - COMMISSIONER(S) GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER(S) REGALADO ADOPTED --PASSED DECEMBER 1, 2004 SIGNED BY THE MAYOR DECEMBER 9, 2004 RECONSIDERED MAY 26, 2005 CONTINUED JULY 28, 2005 CONTINUED SEPTEMBER 22, 2005 COMMISSIONER WINTON COMMISSIONER ALLEN AYES: 4 - COMMISSIONER(S) GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER(S) REGALADO ADOPTED --PASSED SEPTEMBER 23, 2005 SIGNED BY THE MAYOR OCTOBER 25, 2007 INDEFINITELY DEFERRED FEBRUARY 28, 2008 COMMISSIONER SARNOFF COMMISSIONER REGALADO AYES: 4 - COMMISSIONER(S) SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ABSENT: 1 - COMMISSIONER(S) GONZALEZ ADOPTED WITH MODIFICATIONS --PASSED MARCH 8, 2008 SIGNED BY THE MAYOR APRIL 22, 2010 City of Miami Page 32 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 MOVER: COMMISSIONER GORT SECONDER: COMMISSIONER DUNN II VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND DUNN II ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ ACTION: CONTINUED --PASSED END OF PLANNING AND ZONING ITEMS City of Miami Page 33 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 M.1 09-01453d MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO DISCUSSION ITEM DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453d Discussion Page.pdf END OF CITYWIDE ITEMS City of Miami Page 34 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 D1.1 10-00663 DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT DISCUSSION ITEM DISCUSSION REGARDING THE ANSI A300 TREE CARE STANDARDS MANUAL THAT WAS ADDED TO THE TREE ORDINANCE. 10-00663 Email.pdf END OF DISTRICT 1 City of Miami Page 35 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 D2.1 10-00320 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM CHAIRMAN MARC D. SARNOFF WOULD LIKE A DISCUSSION ABOUT THE CITY OF MIAMI'S "HEAD COUNT'. CHAIRMAN SARNOFF WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF SEPTEMBER 15TH, 2009 AND HE WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF JANUARY 15TH, 2010. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI EMPLOYEE. DISCUSSION ABOUT THE EFFECT OF "HEAD COUNT" ON THE CITY OF MIAMI BUDGET. DISCUSSION ABOUT THE "HEAD COUNT AND THE BUDGETING PROCESS. 10-00320 Email.pdf DATE: ACTION: DATE: ACTION: MARCH 25, 2010 NO ACTION TAKEN APRIL 8, 2010 DISCUSSED City of Miami Page 36 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 D2.2 10-00630 DISCUSSION ITEM VIRGINIA KEY MOUNTAIN BIKE TRAIL. DISCUSSION ABOUT VIRGINIA KEY AND THE PROPOSED MOUNTAIN BIKE TRAIL AROUND THE NORTH POINT AREA OF VIRGINIA KEY. WHAT IS THE STATUS OF THE PROPOSED MOUNTAIN BIKE TRAIL? ALLEGEDLY, MIAMI-DADE COUNTY WATER & SEWER DEPARTMENT AND MIAMI-DADE COUNTY HAVE OFFERED EQUIPMENT AND MANPOWER. THE VIRGINIA KEY MASTER PLAN ADVOCATES FOR THE MOUNTAIN BIKE TRAIL. 90,000 BIKERS A YEAR USE OLETA STATE PARK BIKE TRAILS LOCATED OFF OF NE 163RD STREET IN N. MIAMI BEACH. WHAT CAN BE DONE TO GET THE TRAIL ON VIRGINIA KEY FINISHED BEFORE JUNE 15TH, 2010? JULY 1ST, 2010? 10-00630 Email.pdf END OF DISTRICT 2 City of Miami Page 37 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 City of Miami Page 38 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 City of Miami Page 39 Printed on 5/20/2010 City Commission Meeting Agenda May 27, 2010 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City ofMiami Page 40 Printed on 5/20/2010