City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 28, 2011 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice-Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 28, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) 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 of Miami Page 2 Printed on 5/19/2011 City Commission Meeting Minutes April 28, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 11-00379 Honoree Presenter Protocol Item National Community Mayor Regalado Proclamation Development Week Arbor Day Commissioner Suarez Proclamation Ana Rodriguez, NET Commissioner Suarez Certificate of Appreciation 11-00379 Protocol Items.pdf PRESENTED 1. Mayor Regalado recognized “Bring Your Child to Work Day”, welcoming all of the children attending today's event, in addition to congratulating the children whose essays received awards from the City of Miami's “Green Miami” contest. 2. Mayor Regalado saluted Nola Garcia for her outstanding tenure as CEO of Battlebots IQ and the Battlebots IQ National Robotics Competition, a creative contest in which student-crafted, remote-controlled robots compete head-to-head; further applauding Professor Garcia's leadership in this unique and exciting educational milieu that features a multi-disciplinary educational robotics program providing public and private schools throughout the world with an opportunity to unleash the amazing creative potential of students . 3. Mayor Regalado paid tribute to 9-1-1 Public Safety Telecommunicators, honoring their diligent and faithful devotion to their responsibilities, and their critical contributions to preserving the security of all Miamians. 4. Mayor Regalado commemorated the Twenty-Fifth Anniversary of National Community Development Week, recognizing the outstanding accomplishments of the federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME), federal programs structured to provide services to members of our community with low to moderate incomes. 5. Commissioner Suarez applauded the National Arbor Day Foundation and the City's local sponsor, The Home Depot Foundation, for their support of this tree-planting initiative that serves as a catalyst for clean air and life-giving oxygen, while increasing property values, cutting heating and cooling costs, enhancing the economic vitality of our business areas and beautifying our communities. 6. Commissioner Suarez presented a Certificate of Appreciation to Ana Rodriguez, recognizing her exceptional service and dedication to the Flagami Office of the Neighborhood Enhancement Team, and applauded her contributions to improving the quality of life for citizens of the City of Miami. Chair Gort: In addition to the celebration of National Poetry Month, we will be open the City of Miami Page 3 Printed on 5/19/2011 City Commission Meeting Minutes April 28, 2011 Commissions [sic] meeting with a poem being read by Commissioner Sarnoff and a closing one by Commissioner Suarez. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 28th day of April 2011, 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 Gort at 9:29 a.m., recessed at 11:29 a.m., reconvened at 3:36 p.m., and adjourned at 8:55 p.m. Note for the record: Commissioner Dunn entered the chambers at 9:49 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk Chair Gort: (INAUDIBLE) April 28. With me, member of the Commission is Vice Chairperson, Frank Carollo, Commissioner Sarnoff, and Commissioner Suarez. At this time, I would like -- Commissioner Suarez, will you do the -- Commissioner Suarez: Yes. Chair Gort: -- prayer and the pledge of allegiance by Commissioner Carollo. Commissioner Suarez: Thank you, Mr. Chairman. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Gort: At this time, Madam Clerk, do we have any mayoral vetoes? Priscilla A. Thompson (City Clerk): We do not have any mayoral vetoes. Chair Gort: Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: Do we have minutes to be approved? Priscilla A. Thompson (City Clerk): Yes, sir. We have minutes to approve. That would be the minutes of the Planning and Zoning meeting of March 24, 2011. City of Miami Page 4 Printed on 5/19/2011 City Commission Meeting Minutes April 28, 2011 Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF APPROVING MINUTES ORDER OF THE DAY Chair Gort: We now begin the regular meeting. The City Attorney will state the procedures that have to be followed during the meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, and Mr. City Manager, members of the public. We're going to begin the regular portion of this City Commission meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available at the City Clerk's office. The material for each item on the agenda is available during business hours and [sic] at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise-making devices. Please silence those now. Any person who makes offensive remarks or becomes unruly may be barred from further attending Commission meetings. And any person with a disability that requires auxiliary aids, please see the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. There's also a planning and zoning portion to this agenda, which will begin after 2 p.m. At this time, the Chairman will consider any items that are being continued, deferred. Chair Gort: Thank you. [Later...] Chair Gort: Do any of the Commissioners would like to remove or -- any of the items in the consent agenda? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'd like to continue RE.1. Chair Gort: RE.1. Vice Chair Carollo: Yes, sir. Chair Gort: RE.1. Anyone else? Yes, sir. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Also like to continue RE.8 and CA.2, the -- we have a substitution that -- so we'd like to pull CA.2 for the -- because of the City of Miami Page 5 Printed on 5/19/2011 City Commission Meeting Minutes April 28, 2011 substitution. Chair Gort: CA.2. Mr. Martinez: CA.2. It's on the consent agenda. Chair Gort: So RE.1, RE.8, and CA.2, so -- Vice Chair Carollo: CA.2 is just to pull it, not -- Chair Gort: To pull it, yes. Vice Chair Carollo: Right. Mr. Martinez: And for the DPZ (Department of Planning & Zoning) portion, we'd like to continue PZ.9 and PZ.13. The applicant for PZ.13 asked for the continuance. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Chair Gort: Yes, ma'am. Ms. Thompson: Because that portion is scheduled to start at 2, we can make the announcement now, but your action will have to wait until 2. Mr. Martinez: Yes. Chair Gort: But let me ask you a question. Can we make the announcement now in case anyone was prepared to come will not come? Ms. Thompson: I think that is the plan. Chair Gort: Okay, thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I'd like to continue RE.5 and I will probably be asking for a deferral when it comes PZ time on PZ.8 in case the applicant decides they don't want to come. But I'll explain my reasoning -- you know, my reasoning at that time. Chair Gort: Okay. Commissioner Sarnoff: I'm sorry. What was the number? Chair Gort: PZ.8. Commissioner Suarez: And RE.5. Chair Gort: And RE.5. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. City of Miami Page 6 Printed on 5/19/2011 City Commission Meeting Minutes April 28, 2011 Vice Chair Carollo: I'd like to request a deferral, not a continuance, just two weeks, to the next meeting, for RE.3. Chair Gort: RE.3. Vice Chair Carollo: Yeah, to the next meeting. Chair Gort: We might not have an agenda. Vice Chair Carollo: What's that? Chair Gort: We might not have an agenda.