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HomeMy WebLinkAboutCC 2007-05-10 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, May 10, 2007 9:00 AM City Hall Commission Chambers CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.12 may be heard in the number sequence or as announced by the Commission SS - SPECIALLY SCHEDULED 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 PH - PUBLIC HEARINGS 10:30 AM - PH.4 Transferring CDBG Funds - Alternative Programs, Inc. 10:30 AM - PH.5 Extending the Miami Unleaded Program's Geographical Boundaries 10:30 AM - PH.6 Increase Income Limit - Homebuyers Purchasing Affordable Housing City of_ltiarni Page 1 Printed on 5 1- 2007 City Commission Marked Agenda May 10, 2007 10:30 AM - PH.7 Transferring CDBG Funds - Single Family Rehab Program 10:30 AM - PH.8 Condition/Restriction No.8 - Corrective Quit Claim Deed -Palmetto Homes 10:30 AM - PH.9 Transfer of Funds - Martin Luther King EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS The Planning and Zoning item(s) shall not be considered before 10:00 am. Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones Absent: Chairman Gonzalez On the 10th day of May 2007, 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 Vice Chairman Joe Sanchez at 9:25 a.m., recessed at 12:41 p.m., reconvened at 2:48 p.m., and adjourned at 5:45 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9:26 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 07-00611 CEREMONIAL ITEM Honoree Emanuel Washington, Sr. MAYORAL VETOES Other Acknowledgments Presenter Protocol Item Spence -Jones Salute Mayor Diaz Ecomedia presents check donation to the City of Miami 07-00611 Cover Memo.pdf Note for the Record: The presentation saluting Emanuel Washington, Sr. has been continued to the Commission meeting currently scheduled for June 14, 2007. 1. Mayor Diaz recognized Paul Polizzotto, CEO and founder of EcoZone, who donated a check to the City of Miami in the amount of $225,000; further announcing that EcoZone will be funding several projects in the City of Miami, such as a 15 kilowatt solar system at City Hall that will keep 16 tons of Co2 from entering the atmosphere, a greening project for the restoration of the canopy and tree planting in Miami, the bay wash, and storm water filters. 2. Vice Chairman Sanchez presented a pair of City of Miami cuff links to Dr. Joseph W. Underwood, a distinguished teacher at Miami High School, in recognition of his induction into the National Teachers Hall of Fame. (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.) NO MAYORAL VETOES City ofMiami Page 3 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Commission Meeting of April 12, 2007 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion to APPROVED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez Special Planning and Zoning Meeting of March 27, 2007 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion to APPROVED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez City ofMiami Page 4 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 CA.1 07-00544 Office of Grants Administration CA.2 07-00545 Office of Grants Administration CA.3 07-00546 Department of Public Facilities Order of the Day CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "AMERICORPS COMMUNITY EMERGENCY SUPPORT (ACES)" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM VOLUNTEER FLORIDA, IN AN AMOUNT NOT TO EXCEED $339,675, FOR A PERIOD OF THREE YEARS ($113,225 PER YEAR), FOR THE DEPARTMENT OF NEIGHBORHOOD ENHANCEMENT TEAM ("NET"); AUTHORIZING THE CITY OF MIAMI'S REQUIRED MATCH OF $280,331, ($93,443.66 PER YEAR), FROM THE DEPARTMENT OF NET, IN THE FORM OF IN -KIND SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 07-00544 Legislation SUB.pdf 07-00544 Summary Form.pdf 07-00544 Submittal Summary Form.pdf 07-00544 Submittal Correction Memo.pdf R-07-0260 MOVED: SECONDED: Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO "PRESERVE AMERICA," REQUESTING THAT THE CITY OF MIAMI ("CITY") BE DESIGNATED AS A "PRESERVE AMERICA COMMUNITY" TO IMPROVE THE CITY'S ABILITY TO PROTECT AND PROMOTE ITS HISTORICAL RESOURCES. 07-00545 Legislation .pdf 07-00545 Summary Form.pdf R-07-0251 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT (THE "AMENDMENT"), IN SUBSTANTIALLY THE City ofMiami Page 5 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 ATTACHED FORM, TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE USE OF FDOT PROPERTY IN THE VICINITY OF SOUTHWEST 4th STREET, MIAMI, FLORIDA, UNDER AN ELEVATED SECTION OF 1-95, TO DELETE FROM THE LEASED AREAS DESCRIBED THEREIN, THREE PARCELS CONSISTING OF 4,113 SQUARE FEET, WHICH HAVE BEEN DEEDED BY FDOT TO THE CITY AND TO UPDATE INSURANCE REQUIREMENTS, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT. 07-00546 Legislation .pdf 07-00546 Exhibit .pdf 07-00546 Exhibit 2 .pdf 07-00546 Exhibit 3 .pdf 07-00546 Exhibit 4 .pdf 07-00546 Summary Form.pdf 07-00546 Pre-Legislation.pdf 07-00546 Pre -Legislation 2 .pdf 07-00546 Quit Claim Deed .pdf 07-00546 Map .pdf 07-00546 Map 2 .pdf 07-00546 Map 3 .pdf 07-00546 Letter .pdf 07-00546 Scope of Work .pdf 07-00546 Map 4 .pdf 07-00546 Map 5 .pdf 07-00546 Map 6 .pdf 07-00546 Map 7 .pdf 07-00546 Memorandum of Agreement .pdf 07-00546 Map 8 .pdf 07-00546 Pre-Attachment.pdf R-07-0252 This Matter was ADOPTED on the Consent Agenda. CA.4 07-00547 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Fire -Rescue ATTACHMENT(S), ACCEPTING A GRANT ENTITLED: "ASSISTANCE TO FIREFIGHTERS GRANT AWARD (FISCAL YEAR 2006)," AND APPROPRIATING FUNDS, FOR THE OPERATION OF SAME, CONSISTING OF A GRANT, IN THE AMOUNT OF $770,702, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OFFICE OF GRANTS AND TRAINING, WITH REQUIRED MATCHING FUNDS FROM THE CITY OF MIAMI, IN AN AMOUNT NOT TO EXCEED $192,675, FOR A TOTAL GRANT AMOUNT OF $963,377,TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC AND FIREFIGHTING PERSONNEL AGAINST FIRE AND FIRE -RELATED HAZARDS; ALLOCATING FUNDS, FROM PROJECT NO. 00001.181000.891000.0000.00000, FOR THE PERIOD BEGINNING FEBRUARY 9, 2007 THROUGH FEBRUARY 8, 2008; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND City ofMiami Page 6 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 CA.5 07-00548 Office of the City Attorney CA.6 07-00549 Department of Capital Improvement Programs/Transpor tation COMPLIANCE WITH SAID GRANT. 07-00547 Legislation .pdf 07-00547 Exhibit .pdf 07-00547 Summary Form.pdf R-07-0253 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF ALLAN B. KAISER, P.L.L.C., IN THE AMOUNT OF $16,647, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER TORRANCE GARY, IN THE CASE OF STATE V. TORRANCE GARY, CASE NO. F06006428, AND ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-00548 Legislation .pdf 07-00548 Cover Memo.pdf 07-00548 Memo.pdf R-07-0254 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO MIGUEL LOPEZ JR., INC., TO PERFORM ADDITIONAL SERVICES REQUIRED FOR THE PROJECT ENTITLED "ORANGE BOWL PARKING LOT REPAIRS (ADA)," PROJECT B-30521 ("PROJECT"), FOR ASPHALT REPAIRS NECESSITATED BY DAMAGE TO THE LOT CAUSED BY AN EVENT HELD AT THE ORANGE BOWL, IN AN AMOUNT NOT TO EXCEED $1,510, INCREASING THE TOTAL FEES FROM $112,788.50, TO AN AMOUNT NOT TO EXCEED $114,298.50; ALLOCATING FUNDS, FOR SAID INCREASE, FROM CAPITAL IMPROVEMENTS PROJECT B-30521, WITH REIMBURSEMENT ANTICIPATED FROM THE EVENT PROMOTER; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, TO THE CONSTRUCTION CONTRACT, FOR SAID PURPOSE. City ofMiami Page 7 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 07-00549 Legislation .pdf 07-00549 Exhibit .pdf 07-00549 Summary Form.pdf 07-00549 Contract Change Order .pdf 07-00549 Proposal Contract.pdf 07-00549 Contract Change Order 2 .pdf 07-00549 Contract.pdf 07-00549 Bid Form.pdf 07-00549 Licenses Permits Fees.pdf 07-00549 Enterprise Participation.pdf 07-00549 General Contractor License.pdf 07-00549 Certificate of Liability Insurance.pdf 07-00549 Corporation Certificate.pdf 07-00549 Occupational License Tax.pdf 07-00549 Text File Report.pdf R-07-0255 This Matter was ADOPTED on the Consent Agenda. CA.7 07-00550 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Attorney THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF GEORGE ALVARANGA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $175,100, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-00550 Legislation.pdf 07-00550 Cover Memo.pdf 07-00550 Memo.pdf R-07-0256 This Matter was ADOPTED on the Consent Agenda. CA.8 07-00551 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Attorney THE DIRECTOR OF FINANCE TO PAY JEAN JUSME, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $32,500 IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICER, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, RESIGNATION AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS City ofMiami Page 8 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 CA.9 07-00552 Office of the City Attorney CA.10 07-00570 Department of Capital Improvement Programs/Transpor tation FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-00551 Legislation .pdf 07-00551 Cover Memo.pdf 07-00551 Memo.pdf R-07-0257 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES, IN AN AMOUNT OF $50,000, PLUS COSTS TO BE APPROVED BY THE CITY ATTORNEY, FOR THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF BERGER SINGERMAN, P.A., FOR REPRESENTATION OF THE CITY OF MIAMI IN ALL MATTERS, INCLUDING BUT NOT LIMITED TO LITIGATION AND BANKRUPTCY, RELATED TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC., CASE NO. 05-15867-AJC; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-00552 Legislation .pdf 07-00552 Cover Memo.pdf 07-00552 Memo.pdf R-07-0258 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 05-06-119, THAT THE FIRMS MOST QUALIFIED TO PROVIDE ARCHITECTURAL/ENGINEERING SERVICES FOR THE "WATERFRONT DISTRICT PROJECTS," IN RANK ORDER ARE: (1) COOPER, ROBERTSON & PARTNERS AND (2) KIMLEY-HORN AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH COOPER, ROBERTSON & PARTNERS, INC., THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL AT A LATER DATE. City ofMiami Page 9 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 CA.11 07-00405 Department of Public Facilities CA.12 07-00594 District 2- Commissioner Marc David Sarnoff 07-00570 Legislation .pdf 07-00570 Summary Form.pdf 07-00570 Memo .pdf 07-00570 Memo 2 .pdf 07-00570 Committee Findings.pdf 07-00570 Committee Final Ranking Form.pdf 07-00570 Committee Ranking Form.pdf CONTINUED Item CA.10 was continued to the Commission meeting currently scheduled for June 14, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND GROVITES UNITED TO SURVIVE, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("LESSOR"), FOR THE USE OF APPROXIMATELY 3,197 SQUARE FEET OF SPACE OF THE PROPERTY LOCATED AT 3686 GRAND AVENUE, MIAMI, FLORIDA, AS A RECREATIONAL FACILITY, TO PROVIDE FOR THE FOLLOWING: 1) A ONE-YEAR TERM COMMENCING RETROACTIVE TO OCTOBER 1, 2006, WITH AN OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; 2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, AT A RATE OF $6.20, PER SQUARE FOOT, OR $1,650, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEAR TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX, BUT SHALL NOT EXCEED FIVE PERCENT (5%); 3) LESSOR TO PROVIDE SIX (6) RESERVED PARKING SPACES FOR LESSEE; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 12500.191602.544000.0000.00000, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00405 Legislation .pdf 07-00405 Exhibit .pdf 07-00405 Summary Form.pdf 07-00405 Rent Comparables.pdf 07-00405 Sumamry Fact Sheet.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to defer Item CA.11 to the Commission meeting currently scheduled for May 24, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF VIRRICK PARK GYM, FOR THE SECOND ANNUAL HOATA LAND TRUST WALL/WALK OF FAME BREAKFAST 2007 EVENT BEING HELD ON MAY 19, 2007. 07-00594 Legislation .pdf City ofMiami Page 10 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 R-07-0259 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez END OF CONSENT AGENDA City ofMiami Page 11 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 SPECIALLY SCHEDULED ITEM SS.1 07-00265A DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - CIVIL SERVICE BOARD - PARKS ADVISORY BOARD - MAYORS INTERNATIONAL COUNCIL - LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD 07-00265A Cover Memo.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to sunset the existing Parks Advisory Board and to draft legislation to create a new Parks Advisory Board for Commission consideration within 60 days. Direction by Commissioner Spence -Jones to the Civil Service Board Executive Secretary to provide an official report of Civil Service Board actions for the past 4 years regarding cases where employees were cleared of charges by the Board but were overruled by the City Manager. City ofMiami Page 12 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00577 DISCUSSION ITEM DISCUSSION CONCERNING LOCATIONS, SIZES, TYPES AND PUBLIC USAGE OF ANY EXISTING OR PROPOSED PUBLIC PARKS ON BRICKELL KEY, INCLUDING TIMETABLE FOR DEVELOPMENT OF PROPOSED PARKS, IF ANY. D2.2 07-00582 07-00577 Cover Email.pdf DISCUSSED DISCUSSION ITEM DISCUSSION CONCERNING LEGISLATION PROHIBITING USE OF PLASTIC BAGS AND STYROFOAM TO PROTECT WILDLIFE, IMPROVE THE ENVIRONMENT, ENCOURAGE RECYCLING AND MINIMIZE LITTER. 07-00582 Cover Email.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, directing the City Attorney to review the ordinance enacted in San Francisco, California, prohibiting the use of plastic bags and styrofoam and to bring this item back to the City Commission for discussion. D2.3 06-02298 DISCUSSION ITEM N. JASMINE YACINTHE, PH.D DIRECTOR OF TRANSPORTATION AND PLANNING SERVICES GANNET FLEMING INC. TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE SOUTH FLORIDA EAST COAST CORRIDOR STUDY FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION. 06-02298 Cover E-mail.pdf 06-02298 Submittal Presentation.pdf City ofMiami Page 13 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 D2.4 07-00586 DISCUSSED Note for the Record: Item D2.3 was presented as a personal appearance item. DISCUSSION ITEM DISCUSSION CONCERNING CODE ENFORCEMENT. 07-00586 Cover Email.pdf 07-00586 Submittal Sarnoff Letter and Photos.pdf DISCUSSED D2.5 07-00587 DISCUSSION ITEM DISCUSSION CONCERNING CITY OF MIAMI RECYCLING PROGRAM TO INCLUDE ALL OWNERS AND TENANTS OF PROPERTIES LOCATED WITHIN THE CITY OF MIAMI (WHETHER RESIDENTIAL, GOVERNMENTAL, INDUSTRIAL OR COMMERCIAL). 07-00587 Cover Email.pdf DEFERRED Item D2.5 was deferred to the Commission meeting currently scheduled for May 24, 2007. City ofMiami Page 14 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00591 DISCUSSION ITEM D4.2 07-00592 D4.3 07-00595 DISCUSSION CONCERNING A REVIEW OF THE SUCCESSES AND FAILURES AS IT PERTAINS TO THE CITY OF MIAMI'S LEGISLATIVE AGENDA DURING THE 2007 REGULAR SESSION OF THE FLORIDA STATE LEGISLATURE. 07-00591 Cover Email.pdf DISCUSSED DISCUSSION ITEM DISCUSSION CONCERNING THE OVERSIGHT OF CITY CONTRACTORS WHO DO NOT COMPLETE WORK ORDERS IN A TIMELY FASHION. 07-00592 Cover Email.pdf DISCUSSED DISCUSSION ITEM DISCUSSION CONCERNING A REVIEW OF THE CURRENT LEGISLATION DESIGNED TO ADDRESS THE RETRIEVAL OF SHOPPING CARTS WITHIN THE CITY OF MIAMI. 07-00595 Cover Email.pdf MOTION A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, directing the City Attorney and City Manager to create a proposed ordinance regarding the retrieval of shopping carts within the City of Miami, and to bring this item back to the City Commission for its consideration within 30 days. D4.4 07-00596 DISCUSSION ITEM DISCUSSION CONCERNING THE LACK OF COMPLIANCE AS IT PERTAINS TO THE CITY OF MIAMI'S REQUIREMENTS AND THE CATALONIA CONDOMINIUM ON SOUTHWEST 27TH AVENUE. 07-00596 Cover Email.pdf City ofMiami Page 15 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 DISCUSSED D4.5 07-00623 DISCUSSION ITEM DISCUSSION CONCERNING AFFORDABLE HOUSING UNITS IN A DOWNTOWN BUILDING AND A POSSIBLE REQUEST TO RETURN THE CITY OF MIAMI'S MONEY. 07-00623 Cover Email.pdf DISCUSSED City ofMiami Page 16 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-00583 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT OF THE HAITIAN IMMIGRANTS, BASED ON THE "WET-FOOT/DRY-FOOT" POLICY AND URGING PRESIDENT GEORGE W. BUSH AND THE MEMBERS OF THE UNITED STATES CONGRESS TO RESCIND THE DISCRIMINATORY IMMIGRATION POLICIES AGAINST HAITIAN IMMIGRANTS; REQUESTING TEMPORARY PROTECTION STATUS BE GRANTED FOR HAITIAN IMMIGRANTS; CALLING FOR THE EQUAL TREATMENT OF ALL IMMIGRANTS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 07-00583 Legislation .pdf R-07-0267 MOVED: Michelle Spence -Jones SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez D5.2 07-00584 DISCUSSION ITEM DISCUSSION CORRECTING THE FAILURE TO ADD A PENSION PROVISION TO THE COMPENSATION PACKAGE OF ELAINE BLACK AS THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT, THE RESULT OF WHICH MAY BE A RESOLUTION. 07-00584 Cover Email.pdf CONTINUED Item D5.2 was continued to the Commission meeting currently scheduled for June 14, 2007. City ofMiami Page 17 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 PH.1 07-00340 Department of Public Works PH.2 07-00553 Department of Public Works PUBLIC HEARINGS ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS TOP ELEVATION TO BE ABOVE THE OFFICIAL MIAMI-DADE COUNTY FLOOD CRITERIA MAP 120-13-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00340 Legislation .pdf 07-00340 Summary Form.pdf 07-00340 Memo.pdf 07-00340 Notice of Public Hearing.pdf 07-00340 Memo 2 .pdf 07-00340 Pre-Notice.pdf 07-00340 Submittal Memo.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RAPANOS SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City ofMiami Page 18 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 07-00553 Legislation.pdf 07-00553 Exhibit .pdf 07-00553 Exhibit 2 .pdf 07-00553 Exhibit 3 .pdf 07-00553 Exhibit 4 .pdf 07-00553 Exhibit 5 .pdf 07-00553 Summary Form.pdf 07-00553 Legal Description.pdf 07-00553 Memo .pdf 07-00553 Notice of Public Hearing.pdf 07-00553 Memo 2 .pdf 07-00553 Pre-Notice.pdf R-07-0268 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez PH.3 07-00554 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "OASIS ON BISCAYNE BAY," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 07-00554 Legislation .pdf 07-00554 Exhibit .pdf 07-00554 Exhibit 2 .pdf 07-00554 Exhibit 3 .pdf 07-00554 Summary Form.pdf 07-00554 Memo.pdf 07-00554 Notice of Public Hearing.pdf 07-00554 Memo 2 .pdf 07-00554 Pre-Notice.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and passed unanimously, with Chairman Gonzalez absent, to continue item PH.3 to the Commission meeting currently scheduled for June 14, 2007. City ofMiami Page 19 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 10:30 AM A sign language interpreter translated discussion of items PH.4 - PH.9 PH.4 07-00555 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000, PREVIOUSLY ALLOCATED TO THE MIAMI PARKING AUTHORITY (ALTERNATIVE PROGRAMS, INC.); AUTHORIZING THE ALLOCATION OF SAID FUNDS, TO THE ALTERNATIVE PROGRAMS, INC., FOR INCREASES IN THE PROJECT COSTS, FOR THE REPLACEMENTS OF WINDOWS AND THE ROOF OF THE ALTERNATIVE PROGRAMS FACILITY LOCATED AT 151 NORTHWEST 60TH STREET, MIAMI, FLORIDA, DUE TO THE CITY OF MIAMI'S INSURANCE REQUIREMENT, INCLUDING PERFORMANCE BONDS, LIABILITY AND SECURITY SERVICES ; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT, WITH SAID AGENCY FOR SAID PURPOSE. 07-00555 Legislation .pdf 07-00555 Exhibit .pdf 07-00555 Exhibit 2 .pdf 07-00555 Exhibit 3 .pdf 07-00555 Exhibit 4 .pdf 07-00555 Summary Form.pdf 07-00555 Ad.pdf 07-00555 Text File Report.pdf 07-00555 Fund Transfer .pdf 07-00555 Argeement.pdf 07-00555 Text File Report 2 .pdf 07-00555 Pre-Attachment.pdf 07-00555 Amendment.pdf 07-00555 Text File Report 3 .pdf 07-00555 Pre -Attachment 2 .pdf 07-00555 Argeement 2 .pdf 07-00555 Text File Report 4 .pdf 07-00555 Pre -Attachment 3 .pdf 07-00555 Amendment 2 .pdf 07-00555 Pre -Attachment 4 .pdf R-07-0261 MOVED: Michelle Spence -Jones SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado PH.5 07-00556 RESOLUTION City ofMiami Page 20 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 Department of Community Development PH.6 07-00557 Department of Community Development PH.7 07-00558 Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE MIAMI UNLEADED PROGRAM'S GEOGRAPHICAL BOUNDARIES TO ENCOMPASS MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR SAID PURPOSE. 07-00556 Legislation .pdf 07-00556 Summary Form.pdf 07-00556 Text File Report .pdf R-07-0262 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez Direction by Commissioner Spence -Jones to the Administration to provide a report of all unleaded properties of the people who have applied to participate in the Miami Unleaded Program in District 5. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO INCREASE THE INCOME LIMITS OF HOMEBUYERS PURCHASING PROPERTY FROM DEVELOPERS BUILDING AFFORDABLE HOUSING PROVIDED BY THE CITY OF MIAMI, FROM 80% TO 120% OF THE AREA MEDIAN INCOME, SUBJECT TO APPLICABLE REQUIREMENTS OF THE FUNDING SOURCE; FURTHER COMMITTING TO PROVIDE SECOND MORTGAGE FINANCING TO SUCH BUYERS FOR THE PURCHASE OF THE PROPERTIES. 07-00557 Legislation .pdf 07-00557 Summary Form.pdf R-07-0263 MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN AN AMOUNT NOT TO EXCEED $144,124.04, PREVIOUSLY ALLOCATED TO THE City ofMiami Page 21 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 PH.8 07-00559 Department of Community Development ASSOCIATION FOR THE DEVELOPMENT OF THE EXCEPTIONAL, INC.; AUTHORIZING THE ALLOCATION OF SAID FUNDS, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT CDBG SINGLE FAMILY REHAB PROGRAM, FOR THE PROVISION OF THE SINGLE FAMILY REHAB PROGRAM. 07-00558 Legislation .pdf 07-00558 Exhibit .pdf 07-00558 Summary Form.pdf 07-00558 Ad.pdf 07-00558 Pre -Legislation .pdf 07-00558 Pre -Legislation 2 .pdf 07-00558 Services and Social Programs .pdf 07-00558 List.pdf 07-00558 Text File Report.pdf 07-00558 Pre -Attachment .pdf 07-00558 Amendment .pdf 07-00558 Pre -Attachment 2 .pdf 07-00558 Pre -Attachment 3 .pdf 07-00558 Amendment 2 .pdf 07-00558 Amendment 3 .pdf 07-00558 Pre -Attachment 4 .pdf 07-00558 Pre -Attachment 5 .pdf 07-00558 Agreement .pdf 07-00558 Agreement 2 .pdf 07-00558 Pre -Attachment 6 .pdf 07-00558 Pre -Attachment 7 .pdf R-07-0265 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING TO PALMETTO HOMES OF MIAMI, INC. ("PALMETTO HOMES"), AN EXTENSION OF TIME UNTIL DECEMBER 31, 2007, IN WHICH TO: (1) COMPLETE CONSTRUCTION OF, AND SELL, THE HOME LOCATED AT 5812 NORTHWEST 15 AVENUE, MIAMI, FLORIDA , AND (2) COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1468 NORTHWEST 61 STREET AND 1466 NORTHWEST 61 STREET, MIAMI, FLORIDA; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE TO THE PROPERTIES LISTED ON EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEEDS THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO PALMETTO HOMES, AND ALL NECESSARY OTHER DOCUMENTS, City ofMiami Page 22 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 PH.9 07-00560 Department of Community Development FOR SAID PURPOSE. 07-00559 Legislation .pdf 07-00559 Exhibit .pdf 07-00559 Summary Form.pdf 07-00559 Website.pdf 07-00559 Quit Claim Deed .pdf 07-00559 Website 2 .pdf 07-00559 Corrective Quit Claim Deed .pdf 07-00559 Website 3 .pdf 07-00559 Corrective Quit Claim Deed 2 .pdf R-07-0266 DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and passed unanimously, with Chairman Gonzalez absent, to defer item PH.8 to the Commission meeting currently scheduled for May 24, 2007. MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez MOVED: Michelle Spence -Jones SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $250,000, PREVIOUSLY ALLOCATED TO THE CITY OF MIAMI DEPARTMENT OF ECONOMIC DEVELOPMENT; ALLOCATING SAID FUNDS, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 5 BUSINESS CORRIDOR COMMERCIAL EXPANSION AND REHABILITATION PROJECT AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO BE USED FOR THE REHABILITATION OF THE EXTERIOR OF COMMERCIAL BUILDINGS THAT WILL RESULT IN THE CREATION OF JOBS FOR LOW TO MODERATE INCOME INDIVIDUALS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. City ofMiami Page 23 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 07-00560 Legislation .pdf 07-00560 Exhibit .pdf 07-00560 Summary Form.pdf 07-00560 AD .pdf 07-00560 Text File Report.pdf 07-00560 Pre -Attachment .pdf 07-00560 Treatment Program .pdf 07-00560 Agreement .pdf 07-00560 Agreement 2 .pdf 07-00560 Text File Report 2 .pdf 07-00560 Text File Report 3 .pdf 07-00560 Pre -Attachment 2 .pdf 07-00560 Amendment .pdf R-07-0264 MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez City ofMiami Page 24 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 ORDINANCES - SECOND READING SR.1 06-02031 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Economic CHAPTER 56, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, Development FLORIDA, AS AMENDED, ENTITLED "AD VALOREM TAX EXEMPTION FOR ENTERPRISE ZONE BUSINESSES," TO (I) AMEND THE DEFINITIONS OF NEW AND EXPANDING BUSINESSES, (II) AMEND SCOPE AND TERMS OF EXEMPTIONS, AND ELIGIBILITY REQUIREMENTS, AND (III) PROVIDE FOR ABATEMENT OF PERSONAL PROPERTY TAX ON BUSINESSES LOCATED IN THE COMMUNITY REDEVELOPMENT AREAS LOCATED WITHIN THE ENTERPRISE ZONE, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING THAT THE AMENDED ORDINANCE SHALL APPLY AS OF THE ORIGINAL EFFECTIVE DATE OF THIS ARTICLE V, CHAPTER 56 OF THE CITY OF MIAMI CODE. 06-02031 Legislation FR/SR.pdf 06-02031 Summary Form FR/SR.pdf 06-02031 Background FR/SR.pdf 06-02031 Enterprise Zone Boundaries FR/SR.pdf 12913 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez SR.2 07-00440 ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioner CHAPTER 2, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, Marc David FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/IN GENERAL," Sarnoff BY ADDING A NEW SECTION REQUIRING EACH PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES, TO DISCLOSE AT THE COMMENCEMENT (OR CONTINUANCE) OF THE PUBLIC HEARING(S), THE DETAILS OF ANY CONSIDERATION PROVIDED OR COMMITTED, DIRECTLY OR ON ITS BEHALF, FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; PROVIDING FOR DEFINITIONS AND PENALTIES FOR NON DISCLOSURE; CONTAINING A SEVERABILITY CLAUSE; A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. 07-00440 Legislation FR/SR.pdf 12918 City ofMiami Page 25 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez City ofMiami Page 26 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 FR.1 07-00562 Department of Planning FR.2 07-00461a District 2- Commissioner Marc David Sarnoff ORDINANCES - FIRST READING ORDINANCE First 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," MORE PARTICULARLY BY ADDING A NEW ARTICLE ENTITLED "AD VALOREM TAX EXEMPTION," WHICH ESTABLISHES A CITY OF MIAMI ("CITY") AD VALOREM TAX EXEMPTION PROCESS FOR IMPROVEMENTS TO ARCHITECTURALLY AND HISTORICALLY SIGNIFICANT STRUCTURES IN THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00562 Legislation .pdf 07-00562 Summary Form.pdf 07-00562 Fact Sheet.pdf MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado ORDINANCE Emergency Ordinance AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS," BY AMENDING SECTION 54-3, TO CLARIFY THE APPLICANT'S ASSUMPTION OF LIABILITY; TO PROVIDE FOR RESTRICTIONS CONCERNING TEMPORARY OBSTRUCTIONS; TO PROVIDE AN APPLICATION AND PERMIT FEE SCHEDULE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-00593 Legislation.pdf 07-00461a Submittal.pdf 12919 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez City ofMiami Page 27 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 RE.1 07-00426 Department of Capital Improvement Programs/Transpor tation RE.2 07-00431 Department of Public Facilities RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC., TO SUPPORT THE DEVELOPMENT OF A NEW FINE ARTS MUSEUM FACILITY IN THE CITY OF MIAMI OWNED BICENTENNIAL PARK, IN THE AMOUNT OF $2,000,000, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT PROJECT NO. B-78503 ENTITLED "MIAMI ART MUSEUM -BICENTENNIAL PARK;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOLLOWING THE ISSUANCE OF SERIES II BOND PROCEEDS. 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 07-00426 CONTINUED Legislation .pdf Exhibit .pdf Exhibit 2 .pdf Exhibit 3 .pdf Summary Form.pdf Pre -Legislation .pdf Pre -Legislation 2 .pdf Project Cooperative Agreement.pdf Pre -Attachment .pdf Pre -Attachment 2 .pdf Pre -Legislation 3 .pdf Master Report .pdf Letter .pdf Museum Park .pdf Item RE.1 was continued to the Commission meeting currently scheduled for June 14, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXPLORE THE VARIOUS SCENARIOS REGARDING THE DISPOSITION AND/OR REDEVELOPMENT OF THE JAMES L. KNIGHT CENTER COMPLEX PROPOSED BY THE STAUBACH COMPANY, NORTHEAST, INC. ("STAUBACH"); FURTHER DIRECTING THE CITY MANAGER TO PRESENT AT A FUTURE CITY COMMISSION MEETING DATE, AN INVITATION TO BID FOR THE SALE OF THE NORTH SIDE ASSETS AND TO BRING BACK RECOMMENDATIONS CONCERNING THE REDEVELOPMENT OF THE SOUTH SIDE ASSETS, OF SAID PROPERTY, INCLUDING AN AMENDMENT, IF REQUIRED, TO THE AGREEMENT WITH STAUBACH TO IMPLEMENT SUCH RECOMMENDATIONS. City ofMiami Page 28 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 07-00431 Legislation .pdf 07-00431 Summary Form.pdf R-07-0275 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Regalado NOES: Commissioner Spence -Jones ABSENT: Commissioner Gonzalez RE.3 07-00564 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2007, FOR THE PURPOSE OF ELECTING THREE DISTRICT COMMISSIONERS, AND FOR HOLDING A RUNOFF ELECTION, IF REQUIRED, ON NOVEMBER 20, 2007; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. 07-00564 Legislation .pdf 07-00564 Exhibit .pdf 07-00564 Cover Memo.pdf 07-00564 Estimated Cost.pdf 07-00564 Letter .pdf 07-00564 Pre-Attachment.pdf 07-00564 Pre -Attachment 2 .pdf 07-00564 Pre -Attachment 3 .pdf 07-00564 Receipt .pdf R-07-0269 MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 29 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 RE.4 07-00438a Office of the City Attorney RE.5 07-00565 Office of the City Attorney RE.6 07-00566 Department of Capital Improvement Programs/Transpor tation AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI FOR CONSIDERATION AT AN ELECTION TO BE HELD ON NOVEMBER 6, 2007, PROPOSING UPON THE APPROVAL OF THE ELECTORATE, THE INCLUSION OF A CITIZENS' BILL OF RIGHTS IN THE CHARTER. 07-00572 Legislation.pdf 07-00572 Cover Memo.pdf R-07-0276 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE SETTLEMENT AGREEMENT, DATED AS OF JANUARY 27, 2005, AND APPROVED BY RESOLUTION NO. 05-0076, ADOPTED JANUARY 27, 2005, IN THE CASES OF CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO. 00-28860 CA 9, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA 9. 07-00565 Legislation .pdf 07-00565 Exhibit .pdf 07-00565 Cover Memo.pdf DEFERRED Item RE.5 was deferred to the Commission meeting currently scheduled for December 13, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE EAST LITTLE HAVANA GREENWAY PROJECT, B-40686 (SEGMENT D), ALLOWING THE UTILIZATION OF A CONTRIBUTION OF FUNDS, IN THE AMOUNT OF $1,000,000, FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR SAID PROJECT, PREVIOUSLY ACCEPTED AND APPROPRIATED INTO CAPITAL IMPROVEMENT PROJECT NO. 341211, ENTITLED City ofMiami Page 30 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 "GREENWAYS IMPROVEMENTS," PURSUANT TO ORDINANCE NO. 12693, ADOPTED JUNE 9, 2005. 07-00566 Legislation .pdf 07-00566 Exhibit .pdf 07-00566 Exhibit 2 .pdf 07-00566 Exhibit 3 .pdf 07-00566 Exhibit 4 .pdf 07-00566 Exhibit 5 .pdf 07-00566 Exhibit 6 .pdf 07-00566 Exhibit 7 .pdf 07-00566 Summary Form.pdf R-07-0270 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RE.7 07-00567 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A STIPULATED PARTIAL ORDER AWARDING COSTS, TO PAY FOR CERTAIN COSTS, IN ASSOCIATION WITH THE CONDEMNATION ACTION TAKEN TO ACQUIRE TITLE TO THE PROPERTIES LOCATED AT 212 NORTHEAST 59TH TERRACE, 211 NORTHEAST 59TH STREET, AND 215 NORTHEAST 59TH STREET, MIAMI, FLORIDA, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, IN COMPLIANCE WITH THE MEMORANDUM OF SETTLEMENT ENTERED INTO ON MAY 16, 2005, BETWEEN THE CITY OF MIAMI AND ERS PROPERTIES, INC., A FLORIDA FOR -PROFIT CORPORATION, AND SIGMUND O. SCHICKMAN, AN INDIVIDUAL, RESULTING FROM MEDIATION PURSUANT TO COURT ORDER; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $45,000, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND, TO COVER THE COSTS ASSOCIATED WITH THE DEFENSE OF THE CONDEMNATION ACTION. 07-00567 Legislation .pdf 07-00567 Summary Form.pdf R-07-0271 MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez City ofMiami Page 31 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 RE.8 07-00569 Department of Capital Improvement Programs/Transpor tation RE.9 07-00568 Office of Strategic Planning, Budgeting, and Performance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, REPLACING THE INTERLOCAL AGREEMENT THAT WAS EXECUTED PURSUANT TO RESOLUTION NO. 03-651, ADOPTED JUNE 12, 2003, TO CONTINUE TO ALLOW THE CITY OF MIAMI ("CITY") TO RECEIVE ITS PORTION OF MUNICIPAL SHARE FUNDS FROM THE CHARTER COUNTY TRANSIT SYSTEM SURTAX FOR TRANSPORTATION AND TRANSIT PROJECTS. 07-00569 07-00569 07-00569 07-00569 07-00569 07-00569 07-00569 07-00569 07-00569 07-00569 07-00569 07-00569 07-00569 R-07-0272 MOVED: Legislation .pdf Exhibit .pdf Summary Form .pdf Interlocal Agreement pdf Pre -Legislation .pdf Interlocal Agreement 2 .pdf Memo .pdf Pre -Legislation 2 .pdf Pre -Attachment .pdf Locations .pdf Letter .pdf Memo 2.pdf Legal Services Request .pdf Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007. 07-00568 Legislation .pdf 07-00568 Summary Form.pdf R-07-0273 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 32 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 AYES: NOES: Commissioner Sarnoff, Regalado and Spence -Jones Commissioner Sanchez ABSENT: Commissioner Gonzalez RE.10 07-00590 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), APPROVING THE RECOMMENDATION AND Marc David PROPOSED $81,401 TRANSFER FROM THE PARKING WAIVER Sarnoff TRUST FUND AND APPROVING THE RECOMMENDED AND PROPOSED AMENDED BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING TO MAKE SUCH $81,401 TRANSFER FROM THE PARKING WAIVER TRUST FUND TO THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND. 07-00590 Legislation .pdf 07-00590 Exhibit .pdf 07-00590 Cover Memo .pdf 07-00590 Master Report .pdf 07-00590 Pre -Legislation .pdf 07-00590 Pre -Legislation 2 .pdf 07-00590 BIC Operating Budget .pdf 07-00590 Memo .pdf 07-00590 Memo 2 .pdf R-07-0274 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Regalado ABSENT: Commissioner Gonzalez and Spence -Jones City ofMiami Page 33 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 BC.1 07-00045 Office of the City Clerk BC.2 07-00175 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Sam Mason Aurelus Dorvil Marlene Sanchez Charles J. Flowers Maria Bao Viona Brown Louis Marshall III James Dixon 07-00045 memo.pdf 07-00045 members.pdf 07-00045 Letters.pdf NOMINATED BY: Vice Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commission -at -Large Commission -at -Large Commission -at -Large Commission -at -Large R-07-0277 MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez absent, to appoint Sam Mason, Aurelus Dorvil, Marlene Sanchez, Charles J. Flowers, Maria Bao, Viona Brown, Louis Marshall III, and James Dixon as members of the Equal Opportunity Advisory Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 34 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 BC.3 07-00227 Office of the City Clerk BC.4 07-00402 Office of the City Clerk Jose Keichi Fuentes Mayor Manuel A. Diaz 07-00175 memo.pdf 07-00175 members.pdf R-07-0278 MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez absent, to appoint Jose Keichi Fuentes as a member of the Waterfront Advisory Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Juan Carlos Flores Mayor Manuel A. Diaz 07-00227 memo.pdf 07-00227 members.pdf 07-00227 Legal Opinion.pdf R-07-0279 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Juan Carlos Flores as a member of the Orange Bowl Advisory Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 35 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 BC.5 07-00434 Office of the City Clerk APPOINTEE: Jorge Luis Lopez 07-00402 memo.pdf 07-00402 members.pdf 07-00402 Application.pdf 07-00402 application2.pdf 07-00402 Legal Opinion.pdf R-07-0281 MOVED: Marc David Sarnoff NOMINATED BY: Chairman Angel Gonzalez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to appoint Jorge Luis Lopez as a member of the Zoning Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Ricardo Lambert Jami Reyes 07-00434 memo.pdf 07-00434 members.pdf NOMINATED BY: Commissioner Tomas Regalado Mayor Manuel A. Diaz R-07-0280 MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint City ofMiami Page 36 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 BC.6 07-00505 Office of the City Clerk BC.7 07-00506 Office of the City Clerk Ricardo Lambert and Jami Reyes as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Jami Reyes as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez absent, to waive the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Luis Cabrera as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-00505 memo.pdf 07-00505 members.pdf CONTINUED RESOLUTION NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Vice Chairman Joe Sanchez Vice Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Mayor Manuel A. Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Commissioner Tomas Regalado Commissioner Michelle Spence -Jones City ofMiami Page 37 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 BC.8 07-00507 Office of the City Clerk BC.9 07-00508 Office of the City Clerk Commissioner Michelle Spence -Jones 07-00506 memo.pdf 07-00506 members.pdf CONTINUED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Yves Fortune Commissioner Tomas Regalado 07-00507 memo.pdf 07-00507 members.pdf R-07-0282 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Yves Fortune as a member of the Miami Street Codesignation Review Committee. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gene Tinnie Mayor Manuel A. Diaz 07-00508 memo.pdf 07-00508 members.pdf R-07-0283 City ofMiami Page 38 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 BC.10 07-00510 Office of the City Clerk BC.11 07-00511 Office of the City Clerk MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez absent, to appoint Gene Tinnie as a member of the Virginia Key Beach Park Trust. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria Rodriguez Vice Chairman Joe Sanchez 07-00510 memo.pdf 07-00510 members.pdf R-07-0284 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to appoint Maria Rodriguez as a member of the Commission on the Status of Women. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez City ofMiami Page 39 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 BC.12 07-00512 Office of the City Clerk BC.13 07-00516 Office of the City Clerk 07-00511 memo.pdf 07-00511 members.pdf CONTINUED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria A. Napoles Vice Chairman Joe Sanchez 07-00512 memo.pdf 07-00512 members.pdf R-07-0285 MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez absent, to appoint Maria A. Napoles as a member of the Arts and Entertainment Council. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD OF DIRECTORS FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Audrey M. Edmonson Board of County Commissioners 07-00516 memo.pdf 07-00516 members.pdf 07-00516 Letters.pdf R-07-0286 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones City ofMiami Page 40 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to confirm the appointment of Miami -Dade County Commissioner Audrey M. Edmonson as a member of the Downtown Development Authority. City ofMiami Page 41 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 DI.1 07-00112 DISCUSSION ITEMS DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 07-00112 Summary Form.pdf DISCUSSED DI.2 07-00435a DISCUSSION ITEM Office of the City Attorney DISCUSSION CONCERNING AN UPDATE ABOUT THE LEAFLETS/HANDBILL ORDINANCE. 07-00435a Cover Email.pdf DISCUSSED City ofMiami Page 42 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 PART B The following item shall not be considered before 10:00 am. PZ.1 07-00298 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING, IN PRINCIPLE, THE MIAMI PARKS AND PUBLIC SPACES MASTER PLAN, DATED MAY, 2007, AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF CITY OF MIAMI PARKS AND PUBLIC SPACES AS ENVISIONED IN THE MIAMI 21 INITIATIVE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on May 16, 2007. PURPOSE: This will allow the adoption and implementation of the City of Miami Parks Master Plan as a guiding tool for the future development and preservation of the City's Parks and Public Spaces as envisioned in the Miami 21 initiative. 07-00298- City of Miami Park Master Plan-PAB PFS& Legislation.pdf 07-00298 CC Legislation (Version 2) - OLD.PDF 06-00298 Miami Parks and Public Spaces Master Plan.pdf 07-00298 (Version 2) - Updated.PDF 07-00298 CC Fact Sheet 05-10-07.pdf 07-00298 CC Fact Sheet 05-24-07.pdf DEFERRED Item PZ.1 was deferred to the Commission meeting currently scheduled for May 24, 2007. NON AGENDA ITEMS NA.1 07-00649 DISCUSSION ITEM NA.2 07-00652 DISCUSSION CONCERNING THE SOFTBALL GAME SPONSORED BY COMMISSIONER SARNOFF. DISCUSSED DISCUSSION ITEM Discussion Regarding the old Miami High School bungalow. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, directing the City Manager to locate funds for the Dade Heritage Trust in order to preserve the old Miami High School bungalow, and to bring this item back at the City Commission meeting currently scheduled for June 14, 2007. NA.3 07-00655 DISCUSSION ITEM City ofMiami Page 43 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 Discussion regarding Home Depot litigation. MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion FAILED by the following vote. AYES: Commissioner Sarnoff and Regalado NOES: Commissioner Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, with Chairman Gonzalez absent, asking that a letter be submitted to the Administration requesting, in writing, a response to his questions relating to the Home Depot litigation. NA.4 07-00642 DISCUSSION ITEM Discussion concerning straw ballot language in reference to the election of a property appraiser. DISCUSSED NA.5 07-00643 DISCUSSION ITEM Discussion concerning the scheduling of a Special Commission Meeting, to be held June 12, 2007, to discuss Community Development funding. MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and passed unanimously, with Chairman Gonzalez absent, to schedule a Special Commission meeting to discuss Community Development funding, to be held June 12, 2007. NA.6 07-00644 DISCUSSION ITEM Discussion concerning the scheduling of a Special Commission Meeting to address Miami 21. NA.7 07-00645 NA.8 07-00646 DISCUSSED DISCUSSION ITEM Discussion concerning Section 14 of the City Charter, reference "Commission may investigate official transactions, acts, and conduct." 07-00645 Submittal Affidavit.pdf DISCUSSED DISCUSSION ITEM Discussion concerning the scheduling of an attorney/client session, to City ofMiami Page 44 Printed on 5/17/2007 City Commission Marked Agenda May 10, 2007 be held May 24, 2007, referencing settlement negotiations in the case of Jerry Frank Townsend versus City of Miami, et al. MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and passed unanimously, with Chairman Gonzalez absent, to schedule an attorney/client session, to be held May 24, 2007, at 2:00 p.m., referencing settlement negotiations in the case of Jerry Frank Townsend versus City of Miami, et al. City ofMiami Page 45 Printed on 5/17/2007