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HomeMy WebLinkAboutCC 2010-05-27 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 27, 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.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 Cliff' 0,011611171 Page 1 Printed on 642010 City Commission Marked Agenda May 27, 2010 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. 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 6/4/2010 City Commission Marked Agenda May 27, 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 27th 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 9:32 a.m., recessed at 12:08 p.m., reconvened at 2:22 p.m., recessed for an Executive Session at 2:24 p.m., reconvened from the Executive Session at 3:50 p.m., recessed at 5:43 p.m., reconvened at 6:12 p.m., and adjourned at 7:36 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Pamela L. Latimore, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 10-00651 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 PRESENTED Presenter 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 1. Mayor Regalado presented a proclamation to the Greater Miami Convention & Visitors Bureau in recognition of National Travel and Tourism Week and thanked Bill Talbert, President and CEO of the Greater Miami Convention and Visitors Bureau, for his leadership and efforts in this industry. 2. Mayor Regalado presented a Certificate of Appreciation to Jose Cerdan for his 31 years of service as a City of Miami employee and commended him for his dedication and dependable work performance in support of Municipal initiatives in both Community Development and Parks and Recreation. 3. Mayor Regalado presented a Certificate of Merit to Officer Javier Ortiz honoring his expertise, alertness, powerful spirit of courage, determination and skill in the execution of his duties as Police Officer. 4. Commissioner Dunn saluted Hicham Chibi honoring his exemplary commitment to City ofMiami Page 3 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 MAYORAL VETOES development, safety and crime reduction in the Allapattah neighborhood and applauded his leadership in revitalizing a dilapidated eyesore used for criminal purposes into a safe, attractive and productive 24-hour Convenience Store that will serve as an economic stimulus in the Allapattah area. 5. Commissioner Dunn presented Certificates of Appreciation to Major Craig McQueen, Major Keith Cunningham, Officer Keandra Simmons, and Officer Kimberly Pile for unselfishly giving up their time and talent as Public Service Officers to begin enforcement of the Teen Curfew, an important measure designed to maintain harmony and confront challenges of growing up in the new urban community. 6. City of Miami Fire Chief Maurice Kemp and Kathy Schrank presented the 2010 ALS Peer Recognition Awards to City of Miami Department of Fire -Rescue personnel. 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.) APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of April 22, 2010 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II 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 6/4/2010 City Commission Marked Agenda May 27, 2010 CA.1 RESOLUTION 10-00573 Office of Grants Administration CONSENT AGENDA 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 R-10-0210 This Matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 10-00571 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT Department of NET ENTITLED: "2010 SUPPORTIVE SERVICES GRANT" (SUPERNOFA), AND Administration 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. CA.3 10-00572 10-00571 Legislation. pdf 10-00571 Exhibit.pdf 10-00571 Summary Form.pdf 10-00571 Letter. pdf R-10-0211 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 5 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 Department of NET Administration 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 R-10-0212 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: Francis Suarez Frank Carollo Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF CONSENT AGENDA PERSONAL APPEARANCE PA.1 PRESENTATION 10-00574 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 PRESENTED END OF PERSONAL APPEARANCE PH.1 RESOLUTION 09-01230 Department of Public Facilities PUBLIC HEARING 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 City ofMiami Page 6 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 EM.1 10-00658 Honorable Mayor Tomas Regalado 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 TWO (2) MONTH PERIOD, IN A MONTHLY AMOUNT OF $4,500, AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $9,000, 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. 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 R-10-0213 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF PUBLIC HEARING ORDINANCE - EMERGENCY 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 13178 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. City ofMiami Page 7 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 SR.1 10-00634 Office of the City Attorney FR.1 10-00631 Honorable Mayor Tomas Regalado AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF EMERGENCY ORDINANCE ORDINANCE - SECOND READING 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 AMENDING THE TITLE OF ARTICLE XIII, CREATING A NEW DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00634 Cover Memo SR.pdf 10-00634 Legislation SR.pdf 10-00634 Map SR.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 END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READING 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 MOVED: SECONDED: UNANIMOUS Richard Dunn II Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 8 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 FR.2 10-00659 District 5 - Commissioner Richard Dunn II AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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; 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 Exhibit FR/SR.pdf 10-00659 Legislation SR.pdf MOVED: Richard Dunn II SECONDED: UNANIMOUS Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 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 AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF Frank Carollo PROCEDURE", TO PROVIDE FOR 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. RE.1 10-00591 10-00661 Legislation SR.pdf MOVED: SECONDED: Frank Carollo Wifredo (Willy) Gort 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 AUTHORIZING THE City ofMiami Page 9 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 Honorable Mayor Tomas Regalado 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 R-10-0214 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 RE.2 RESOLUTION 10-00578 Department of Fire -Rescue A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF MODIFICATION #1 TO GRANT 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. 10-00578 Legislation. pdf 10-00578 Exhibit.pdf 10-00578 Summary Form.pdf R-10-0209 City ofMiami Page 10 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 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 RE.3 RESOLUTION 10-00555 Office of Strategic Planning, Budgeting, and Performance 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. 10-00555 Legislation. pdf 10-00555 Exhibit.pdf 10-00555 Summary Form.pdf 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 10-00427 A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO THE APPROPRIATIONS RELATING TO OPERATIONAL Office of Strategic AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING Planning, SEPTEMBER 30, 2010. Budgeting, and Performance RE.5 10-00420 10-00427 Legislation. pdf 10-00427 Summary Form.pdf 10-00427 Budget Adjustments.pdf 10-00427 Revenue Adjustments.pdf 10-00427 Expenditure Adjustments. pdf R-10-0215 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 11 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 Civilian Investigative Panel 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: SECONDED: Richard Dunn II Frank Carollo Motion that this matter be ADOPTED FAILED by the following vote. AYES: NOES: Commissioner(s) Suarez and Dunn II Commissioner(s) Carollo, Gort and Sarnoff 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"), PURSUANT Information TO RESOLUTION NO. 08-0128, ADOPTED MARCH 13, 2008, IN AN Technology 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 R-10-0217 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Richard Dunn II Frank Carollo Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Direction by Commissioner Sarnoff to the Administration to provide a report by the next Miami City Commission Meeting that addresses whether or not any labor agreements would be violated if City employees are required to sign up for direct deposit. City ofMiami Page 12 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 RE.7 RESOLUTION 10-00664 District 3- Commissioner Frank Carollo 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 R-10-0221 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 END OF RESOLUTIONS BC.1 RESOLUTION 10-00465 Office of the City Clerk BOARDS AND COMMITTEES 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: Ileana M Hernandez -Acosta Mayor Tomas Regalado (Regular Member) 10-00465 PZAB CCMemo.pdf 10-00465 PZAB Applications.pdf 10-00465 PZAB Current_Board_Members.pdf R-10-0222 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. Frank Carollo Francis Suarez City ofMiami Page 13 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DI.1 DISCUSSION ITEM 10-00265b Office of Strategic Planning, Budgeting, and Performance A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY 2010 BUDGET. 10-00265b Summary Form.pdf 10-00265b-Submittal-Monthly Financial Statement. pdf DISCUSSED DI.2 DISCUSSION ITEM 10-00001 b Office of the City Attorney 2:00 P.M. ES.1 10-00629 Office of the City Attorney 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 DISCUSSED A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, directing the City Attorney to submit compromise language regarding the Miami River Sub -Element of the City of Miami Comprehensive Plan to the Department of Community Affairs. END OF DISCUSSION ITEMS 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' City ofMiami Page 14 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 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 END OF EXECUTIVE SESSION PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 RESOLUTION 10-00295ac 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. City ofMiami Page 15 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 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 10-00295ac-Submittal-Ben Fernandez. pdf R-10-0218 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 PZ.2 RESOLUTION 08-00219ec 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. City ofMiami Page 16 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 PZ.3 10-00183Iu 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 R-10-0219 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 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'. City ofMiami Page 17 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 PZ.4 10-00316zt 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 13179 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 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 City ofMiami Page 18 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 13180 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 PZ.5 RESOLUTION 08-00698ha 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. City ofMiami Page 19 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 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 MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.6 RESOLUTION 09-01 200ha 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. City ofMiami Page 20 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 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 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 PZ.7 RESOLUTION 09-01464za 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. City ofMiami Page 2] Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 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 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 The following item(s) shall not be considered before 4:00 pm. PZ.8 RESOLUTION 04-01208 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 04-01028-Submittal-Mike Sastre.pdf R-10-0220 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff 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 END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE City ofMiami Page 22 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 HONORABLE MAYOR TOMAS REGALADO M.1 DISCUSSION ITEM 09-01453d DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453d Discussion Page.pdf DISCUSSED END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 10-00663 DISCUSSION REGARDING THE ANSI A300 TREE CARE STANDARDS MANUAL THAT WAS ADDED TO THE TREE ORDINANCE. 10-00663 Email.pdf DISCUSSED Direction by Commissioner Gort to the Administration for Code Enforcement to work with District 1 on amending the ANSI A300 Tree Care Standards Manual. END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 10-00320 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. City ofMiami Page 23 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 D2.2 10-00630 10-00320 Email.pdf NO ACTION TAKEN 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 DISCUSSED END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City ofMiami Page 24 Printed on 6/4/2010 City Commission Marked Agenda May 27, 2010 NA.1 10-00713 NA.2 10-00714 NON AGENDA ITEMS DISCUSSION ITEM Mayor Tomas Regalado introduced State of Florida Chief Financial Officer Alex Sink who provided an update on the BP oil spill in the Gulf of Mexico and disaster preparedness for the upcoming hurricane season. DISCUSSED DISCUSSION ITEM DISCUSSION ON WHETHER TO GIVE THE CITY MANAGER AUTHORIZATION TO MAKE ANY INTERDEPARTMENTAL CHANGES DEEMED APPROPRIATE THAT HAS NO NET EFFECT TO THE CITY'S BUDGET. DISCUSSED NA.3 RESOLUTION 10-00730 A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING PEDRO MORA AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. R-10-0224 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 NA.4 RESOLUTION 10-00731 A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING CORNEILIUS SHIVER AS A MEMBER OF THE PLANNING,ZONING AND APPEALS BOARD. R-10-0223 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 ADJOURNMENT A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 25 Printed on 6/4/2010