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HomeMy WebLinkAboutCC 2010-06-24 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, June 24, 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 June 24, 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 6/15/2010 City Commission Meeting Agenda June 24, 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 6/15/2010 City Commission Meeting Agenda June 24, 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.4 may be heard in the number sequence or as announced by the Commission PA - PERSONAL APPEARANCE SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS ES - EXECUTIVE SESSION 2:00 P.M. - Jorge L. Fernandez 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.5 and PZ.6 shall not be considered before 5:00 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 City ofMiami Page 4 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 8:30 A.M. - PRESENTATIONS AND PROCLAMATIONS PR.1 10-00763 9:00 A.M. MAYORAL VETOES PRESENTATION Honoree Presenter Protocol Item Marta Gonzalez Commissioner Proclamation de Cardenas Carollo 10-00763 Protocol.pdf INVOCATION AND PLEDGE OF ALLEGIANCE (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 May 27, 2010 END OF APPROVING MINUTES City ofMiami Page 5 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 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.4 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.4 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 RESOLUTION 10-00715 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A Department of GRANT, IN THE AMOUNT OF $132,950, FROM MIAMI-DADE Information BROADBAND COALITION, TO PROVIDE EDUCATIONAL Technology OPPORTUNITIES FOR WORKING -AGED AND ELDER ADULTS IN A PILOT PROGRAM FOR WHAT WILL BECOME A COMPREHENSIVE COUNTY -WIDE DIGITAL INCLUSION INITIATIVE (ELEVATE MIAMI); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00715 Legislation.pdf 10-00715 Exhibit.pdf 10-00715 Summary Form.pdf CA.2 RESOLUTION 10-00716 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED APRIL 14, 2010, PURSUANT TO INVITATION FOR BID NO. Department of 176148, FROM ORBIS CORPORATION, THE LOWEST RESPONSIVE AND Purchasing RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF RECYCLING CONTAINERS, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00716 Legislation.pdf 10-00716 Summary Form.pdf 10-00716 Award Recommendation.pdf 10-00716 Tabulation of Bids.pdf 10-00716 Corporation.pdf 10-00716 I FB. pdf City of Miami Page 6 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 CA.3 10-00717 Office of the City Clerk CA.4 10-00745 Office of Grants Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE MIMO BUSINESS IMPROVEMENT COMMITTEE'S PETITION PROCESS FOR CREATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT. 10-00717 Legislation. pdf 10-00717 Exhibit.pdf 10-00717 Cover Memo.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE GROVE TREE -MAN TRUST TO PERFORM TREE -TRIMMING ACTIVITIES ON TREES LOCATED IN CITY OF MIAMI RIGHTS -OF -WAY AND IN CITY PARKS USING RESOURCES PROVIDED BY THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS. 10-00745 Legislation. pdf 10-00745 Summary Form.pdf 10-00745 Bid.pdf END OF CONSENT AGENDA City ofMiami Page 7 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 PERSONAL APPEARANCE Note: Legislation may result from City Commission consideration of any personal appearance. PA.1 10-00734 PRESENTATION THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN ("MCSW"), THE MIAMI-DADE COUNTY COMMISSION FOR WOMEN AND THE JULIA TUTTLE OVERSIGHT COMMITTEE, TO ADDRESS THE CITY COMMISSION REGARDING THE STATUS OF THE JULIA TUTTLE STATUE PROJECT. 10-00734 Letter. pdf END OF PERSONAL APPEARANCE City ofMiami Page 8 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 ORDINANCES - SECOND READINGS 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 10-00631 Honorable Mayor Tomas Regalado SR.2 10-00692 Honorable Mayor Tomas Regalado 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 CREATING A NEW DIVISION 9 ENTITLED "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 SR.pdf 10-00631 Cover Memo SR.pdf DATE: MAY 27, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER GORT VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "STREETS AND SIDEWALKS," BY AMENDING SECTION 54-9 OF THE CODE ENTITLED "PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE" TO ALLOW FOR IDENTIFICATION OF DONORS ON TRASH CONTAINERS THROUGHOUT THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00692 Legislation SR.pdf 10-00692 Pictures SR.pdf DATE: JUNE 10, 2010 MOVER: COMMISSIONER GORT SECONDER: COMMISSIONER DUNN II VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: PASSED ON FIRST READING --PASSED City ofMiami Page 9 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 SR.3 ORDINANCE SECOND READING 10-00694 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," BY CREATING A NEW SECTION 35-220 ENTITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF STREET PARKING"; AMENDING SECTION 35-221 ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND ESTABLISHED"; CREATING SECTION 35-222 ENTITLED "REVOCATION OF CERTIFICATE OF USE FOR NON-PAYMENT OF PARKING WAIVERS"; AMENDING SECTION 35-224 ENTITLED "SCHEDULE OF FEES AND CHARGES FOR COCONUT GROVE PARKING TRUST FUND"; TO CLARIFY THE OFF-STREET PARKING REQUIREMENTS AND PROVIDE FOR ENFORCEMENT PROVISIONS FOR PAYMENT OBLIGATIONS CONTAINED THEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR:CHAIRMAN SARNOFF 10-00694 Legislation SR.pdf DATE: JUNE 10, 2010 MOVER: CHAIRMAN SARNOFF SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: PASSED ON FIRST READING --PASSED City ofMiami Page 10 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 SR.4 09-00094 District 5 - Commissioner Richard Dunn II ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN 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. 09-00094 Legislation SR .pdf 09-00094 Cover Memo SR 6-10-10.pdf DATE: JUNE 11, 2009 ACTION: CONTINUED DATE: JULY 9, 2009 ACTION: CONTINUED DATE: OCTOBER 22, 2009 MOVER: VICE CHAIR SPENCE-JONES SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER(S) GONZALEZ, REGALADO AND SPENCE-JONES ABSENT: 2 - COMMISSIONER(S) SARNOFF AND SANCHEZ ACTION: DEFERRED --PASSED DATE: MAY 13, 2010 MOVER: COMMISSIONER DUNN II SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SUAREZ AND DUNN II NOES: 1 - COMMISSIONER(S) SARNOFF ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED DATE: MOVER: SECONDER: VOTE: ACTION: JUNE 10, 2010 COMMISSIONER SUAREZ VICE CHAIRMAN CAROLLO AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II DEFERRED --PASSED END OF ORDINANCES - SECOND READINGS City ofMiami Page 11 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 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 10-00727 Office of the City Attorney FR.2 10-00739 Honorable Mayor Tomas Regalado ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13168, ADOPTED MAY 13, 2010, CHANGING THE TIME TO QUALIFY FOR THE NOVEMBER 2, 2010 MUNICIPAL ELECTION FROM SEPTEMBER 3, 2010 THROUGH SEPTEMBER 18, 2010, AT 6 P.M. TO AUGUST 6, 2010 THROUGH AUGUST 21, 2010, AT 6 P.M.; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ADOPTION OF THIS ORDINANCE AND TO TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00727 Legislation.pdf 10-00727 Cover Memo.pdf ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CURRENTLY ENTITLED "COIN -OPERATED MACHINES AND ESTABLISHMENTS," BY AMENDING THE TITLE TO "AMUSEMENT MACHINES AND ESTABLISHMENTS," CLARIFYING EXISTING LANGUAGE, ADDING DEFINITIONS, CREATING A LICENSING STRUCTURE AND REGULATORY SCHEME, PROVIDING FOR PENALTIES, AND PROHIBITING UNAUTHORIZED AMUSEMENT MACHINES; AMENDING CHAPTER 31/ARTICLE II OF THE CITY CODE ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)," MORE PARTICULARLY BY AMENDING SECTION 31-50, ENTITLED "SCHEDULE OF ESTABLISHED BTRS," BY DELETING AN ESTABLISHED BTR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00739 Legislation.pdf FR.3 ORDINANCE FIRST READING 10-00743 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; PERMIT REQUIRED", MORE PARTICULARLY BY AMENDING SECTION 62-604 TO ALLOW NO MORE THAN TWENTY-FIVE (25) MURAL PERMITS TO BE ISSUED AT ANY ONE TIME AND IN ANY ONE CITY COMMISSION DISTRICT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR:CHAIRMAN SARNOFF 10-00743 Legislation.pdf END OF ORDINANCES - FIRST READING City ofMiami Page 12 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 RESOLUTIONS RE.1 RESOLUTION 10-00719 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF Department of Capital EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, Improvements ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT Program "ATTACHMENT A," WITH "ATTACHMENT A - 6/24/10 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 10-00719 Legislation.pdf 10-00719 Exhibit.pdf 10-00719 Summary Form.pdf 10-00719 Text File Reports.pdf 10-00719 Pre-Attachment.pdf RE.2 RESOLUTION 10-00721 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of Capital JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA Improvements DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE Program ATTACHED FORM, ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION, IN THE AMOUNT OF $619,416, FOR THE OPERATING AND MAINTENANCE COSTS ASSOCIATED WITH THE BISCAYNE-BRICKELL TROLLEY SERVICE; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $619,416, FROM THE CITY'S SHARE OF THE ONE-HALF CENT TRANSIT SURTAX PROCEEDS OF THE PEOPLE'S TRANSPORTATION PLAN. 10-00721 Legislation.pdf 10-00721 Exhibit.pdf 10-00721 Summary Form.pdf City of Miami Page 13 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 RE.3 RESOLUTION 10-00722 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO RESOLUTION NO. 08-0367, ADOPTED Department of JUNE 26, 2008, AND REQUEST FOR PROPOSALS NO. 23019, Purchasing ACCEPTING THE ASSIGNMENT OF THE AGREEMENT FROM SOLID RESOURCE, INC. TO O'BRIEN'S RESPONSE MANAGEMENT, INC TO PROVIDE EMERGENCY DEBRIS CONTRACT MONITORING; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO EFFECTUATE THE ASSIGNMENT, UNDER THE ORIGINAL SAME TERMS AND CONDITIONS OF SAID AGREEMENT WITH SOLID RESOURCE, INC. FOR SAID PURPOSE. 10-00722 Legislation.pdf 10-00722 Exhibit.pdf 10-00722 Summary Form.pdf RE.4 10-00555 Office of Strategic Planning, Budgeting, and Performance 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. 10-00555 Legislation.pdf 10-00555 Exhibit.pdf 10-00555 Summary Form.pdf DATE: MAY 27, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED City ofMiami Page 14 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 RE.5 10-00718 District 5 - Commissioner Richard Dunn II RE.6 10-00740 Department of Solid Waste RE.7 10-00744 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING FOUR (4) VOTES TO CODESIGNATE NORTHWEST 10TH STREET FROM NORTHWEST 3RD AVENUE TO NORTHWEST 4TH AVENUE, MIAMI, FLORIDA, AS "WILLIS-RICHARDSON STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-00718 Legislation. pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 14, 2010; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00740 Legislation. pdf 10-00740 Exhibit.pdf 10-00740 Exhibit 2.pdf 10-00740 Exhibit 3.pdf 10-00740 Exhibit 4.pdf 10-00740 Exhibit 5.pdf 10-00740 Summary Form.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE USE OF THE FLORIDA EAST COAST RAILWAY SLIP AND A PORTION OF BICENTENNIAL PARK BY TEAM MIAMI, LLC, FOR THE VOLVO OCEAN RACE 2012, FOR THE APPROXIMATE DATES OF APRIL 22, 2012 THROUGH MAY 25, 2012; WITH AN AGREEMENT TO BE BROUGHT BACK TO THE CITY COMMISSION FOR APPROVAL. SPONSOR:CHAIRMAN SARNOFF 10-00744 Legislati on. pdf 10-00744 Cover Memo.pdf 10-00744 Map.pdf City ofMiami Page 15 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 RE.8 10-00746 Office of the City Attorney RE.9 10-00720 Department of Capital Improvements Program RE.10 10-00724 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF THE LAW FIRM OF COLE, SCOTT & KISSANE, FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF HELENE HUTT, ETC. V. CITY OF MIAMI, ETC., IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 10-21451-CIV-MARTINEZ-BROWN, PLUS ANY COSTS OF LITIGATION, INCLUDING BUT NOT LIMITED TO, RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FOR SAID PURPOSE FROM ACCOUNT NO. 00001.131000.531010.0000.00000. 10-00746 Legislation.pdf 10-00746 Cover Memo.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT WITH SUFFOLK CONSTRUCTION COMPANY, INC., HEREINAFTER THE "GUARANTEED MAXIMUM PRICE AMENDMENT, FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSES OF ESTABLISHING A GUARANTEED MAXIMUM PRICE ("GMP"), OWNER CONTINGENCY, OWNER ALLOWANCES, CONSTRUCTION MANAGER'S FEE, AND GENERAL CONDITION EXPENSES; PROVIDING FOR A SUBSTANTIAL COMPLETION DATE, INCREASING THE COMMUNITY SMALL BUSINESS ENTERPRISE ("CSBE") PARTICIPATION GOAL, AUTHORIZING CSBE INCENTIVE PAYMENTS, MODIFYING CONTINGENCY DISTRIBUTIONS, AND OTHER ACTIONS; ALLOCATING FUNDS FROM THE SALE OF SPECIAL OBLIGATION PARKING REVENUE BONDS. 10-00720 Legislation.pdf 10-00720 Exhibit.pdf 10-00720 Summary Form.pdf 10-00720 Text File Reports.pdf 10-00720 Section 2.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), SUPPLEMENTING AND AMENDING RESOLUTION NO. R-09-0509 ADOPTED ON OCTOBER 22, 2009, TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $20,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION PARKING REVENUE BOND ANTICIPATION NOTES, SERIES 2010 (MARLINS STADIUM PROJECT) (THE "NOTES); SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF THE NOTES, AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTES, A PURCHASE AGREEMENT, AND ALL OTHER NECESSARY DOCUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED City ofMiami Page 16 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. 10-00724 Legislati on. pdf 10-00724 Exhibit.pdf 10-00724 Summary Form.pdf City of Miami Page 17 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 RE.11 10-00755 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT, WITH SUFFOLK CONSTRUCTION COMPANY, INC. ("SUFFOLK"), FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY OF MIAMI TO AMEND THE LIMITED NOTICE TO PROCEED ISSUED TO SUFFOLK BY INCREASING THE AUTHORIZED EXPENDITURES IN THE LIMITED NOTICE TO PROCEED BY $20,000,000, PREVIOUSLY AUTHORIZED AT $3,000,000, FOR A TOTAL OF $23,000,000 OF THE APPROVED GUARANTEED MAXIMUM PRICE OF $73,000,000 ("GMP"), RESULTING IN NO CHANGE TO THE GMP, PRIOR TO THE SALE OF THE SPECIAL OBLIGATION PARKING REVENUE BONDS FOR CONSTRUCTION SERVICES; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. B-30648 AND B-30153J. 10-00755 Legislation. pdf 10-00755 Exhibit.pdf 10-00755 Summary Form.pdf END OF RESOLUTIONS City ofMiami Page 18 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 DISCUSSION ITEM NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. DI.1 10-00265c Office of Strategic Planning, Budgeting, and Performance DISCUSSION ITEM A MONTHLY REPORT FOR THE DISCUSSION ON THE CURRENT STATUS OF THE CITY'S FY 2010 BUDGET. 10-00265c Summary Form.pdf END OF DISCUSSION ITEM City ofMiami Page 19 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 2:00 P.M. ES.1 10-00729a Office of the City Attorney EXECUTIVE SESSION EXECUTIVE SESSION UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2009]. 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 LITIGATION CASE OF: JORGE L. FERNANDEZ VS. CITY OF MIAMI, CASE NO.: 08-17486 CA 13, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY 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 MARIA J. CHIARO; ASSISTANT CITY ATTORNEY MIMI V. TURIN; AND ADDITIONAL COUNSEL FOR THE CITY, ROBERT KOFMAN, ESQ., GERALD GREENBERG, ESQ., AND MURRAY GREENBERG, ESQ. 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. 10-00729a Cover Memo.pdf 10-00729a Public Notice.pdf END OF EXECUTIVE SESSION City ofMiami Page 20 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 10-00485xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 933, TO ALLOW HELISTOPS AS CONDITIONAL ACCESSORY USES IN THE OFFICE DESIGNATION BETWEEN THE HOURS OF 9:00 AM AND 5:00 PM ON MONDAY THROUGH FRIDAY, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 564 SOUTHWEST 42ND AVENUE, MIAMI, FLORIDA. LOCATION: Approximately 564 SW 42nd Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Claudio Miro, Principal, on behalf of Lejeune and Six LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on May 10, 2010 by a vote of 5-0. PURPOSE: This will allow helistops between the hours of 9:00 am and 5:00 pm for an office. 10-00485xc Zoning Map.pdf 10-00485xc Aerial Map.pdf 10-00485xc Miami 21 Map.pdf 10-00485xc Analysis. pdf 10-00485xc Application & Supporting Docs. pdf 10-00485xc Plans. pdf 10-00485xc ZB Reso. pdf 10-00485xc CC Legislation (Version 2).pdf 10-00485xc Exhi bit A. pdf 10-00485xc CC 06-24-10 Fact Sheet. pdf City of Miami Page 21 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 PZ.2 10-00493v 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 DENYING OR GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A REDUCTION OF THE REQUIRED REAR SETBACKS OF A DETACHED UNIT OF A TWO-FAMILY RESIDENTIAL BUILDING, TO ALLOW A REAR SETBACK OF 4'11" (10'0" REQUIRED, REQUEST TO WAIVE 5'1 "), FOR THE PROPERTY LOCATED AT APPROXIMATELY 430 NORTHWEST 32ND PLACE, MIAMI, FLORIDA. LOCATION: Approximately 430 NW 32nd Place [Commissioner Francis Suarez - District 4] APPELLANT(S)/APPLICANT(S): Yamerys Mazaret, Owner FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. ZONING BOARD: Granted 1) the front setback of 19'6" (20'0" required, request to waive 0'6"); and 2) an increase of maximum allowed footprint, proposed 4,134 square feet (42.40% of GLA), allowed 3,900 square feet (40% of GLA), request to waive 234 square feet (2.4% GLA); and denied a reduction of the required rear setbacks of 4'11" (10'0" required, request to waive 5'1 ") on May 10, 2010 by a vote of 5-0. PURPOSE: The approval of this appeal will allow fewer rear setbacks for an existing residence. 10-00493v Analysis. pdf 10-00493v Applications & Supporting Docs. pdf 10-00493v Plans.pdf 10-00493v CC Zoning Map.pdf 10-00493v CC Miami 21 Map.pdf 10-00493v CC Aerial Map.pdf 10-00493v Appeal Letter.pdf 10-00493v ZB Reso.pdf 10-00493v CC Legislation (Version 4).pdf 10-00493v CC Legislation (Version 5).pdf 10-00493v Exhibit A.pdf 10-00493v CC 06-24-10 Fact Sheet.pdf City of Miami Page 22 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 PZ.3 10-00484x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL, REVERSING OR AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 921 VENETIAN WAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 921 N Venetian Way [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): David E. Sacks, Esquire, on behalf of Ken Hill Investment Group, Inc., Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval of the appeal and approval with a condition* of the original request. ZONING BOARD: Denied the Special Exception on May 10, 2010 by a vote of 4-1. *See supporting documentation. PURPOSE: The approval of this appeal will allow extensions of docks and piers into waterway for more than 35 feet. 10-00484x Analysis. pdf 10-00484x Zoning Map.pdf 10-00484x Aerial Map.pdf 10-00484x Miami 21 Map.pdf 10-00484x Application & Supporting Docs.pdf 10-00484x Plans.pdf 10-00484x ZB Appeal Letter.pdf 10-00484x ZB Reso.pdf 10-000484x CC Legislation (Version 3).pdf 10-000484x CC Legislation (Version 4).pdf 10-000484x Exhibit A.pdf 10-000484x CC 06-24-10 Fact Sheet.pdf City ofMiami Page 23 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 PZ.4 09-01464za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION 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 Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf 09-01464za CC 06-24-10 Fact Sheet.pdf DATE: MAY 27, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED City ofMiami Page 24 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 The following item(s) shall not be considered before 5:00 pm. PZ.5 10-00044x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Brickell View West Apartments, Inc., Adjacent Property Owner APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x-a. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. City ofMiami Page 25 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map.pdf 10-00044x Miami 21 Map.pdf 10-00044x Letter of Intent.pdf 10-00044x Application & Supporting Docs.pdf 10-00044x Plans.pdf 10-00044x ZB Reso.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x ZB Appeal Letter. pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a Exhibit A.pdf 10-00044x & 10-00044x-a Exhibit 1pdf 10-00044x CC 06-24-10 Fact Sheet.pdf City of Miami Page 26 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 PZ.6 10-00044x-a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. City ofMiami Page 27 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map.pdf 10-00044x Miami 21 Map.pdf 10-00044x Letter of Intent.pdf 10-00044x Application & Supporting Docs.pdf 10-00044x Plans.pdf 10-00044x ZB Reso.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a ZB Appeal Letter.pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a Exhibit A.pdf 10-00044x & 10-00044x-a Exhibit 1pdf 10-00044x-a CC 06-24-10 Fact Sheet.pdf END OF PLANNING AND ZONING ITEMS City ofMiami Page 28 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 M.1 09-01453e MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO DISCUSSION ITEM DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453e Discussion Page.pdf END OF CITYWIDE ITEMS City of Miami Page 29 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 City ofMiami Page 30 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 D2.1 10-00320 D2.2 10-00583 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 JUNE 15TH, 2010. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI EMPLOYEE. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI RESI DENT. 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: DATE: ACTION: MARCH 25, 2010 NO ACTION TAKEN APRIL 8, 2010 DISCUSSED MAY 27, 2010 NO ACTION TAKEN DISCUSSION ITEM DISCUSSION ABOUT THE PROLIFERATION OF SPRAY PAINT MARKINGS ON STREETS AND SIDEWALKS. SOMETIMES THE SIDEWALKS ARE EXPENSIVE BRICK AND SOMETIMES THEY ARE VERY EXPENSIVE PLASTIC OVERLAY. OFTEN THESE MARKINGS ARE RELATED TO UTILITIES BUT THEY ARE ALWAYS UGLY AND OBTRUSIVE. DISCUSSION ABOUT WHAT CAN BE DONE TO REDUCE OR ELIMINATE THIS VISUAL POLLUTION. 10-00583 Email.pdf END OF DISTRICT 2 City ofMiami Page 31 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 City ofMiami Page 32 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 City ofMiami Page 33 Printed on 6/15/2010 City Commission Meeting Agenda June 24, 2010 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City ofMiami Page 34 Printed on 6/15/2010